GENERAL TERMS AND CONDITIONS OF USE OF PHIDIAS PROPFIRM

These general terms and conditions of use (hereinafter referred to as the “GTC”) govern the rights and obligations of any person using the services provided by Phidias Propfirm LTD (hereinafter referred to as the “Services”) via the website phidiaspropfirm.com (hereinafter the “Site”) and set out the terms and conditions of use of the Site.

Any person using the Services provided by Phidias Propfirm LTD will hereinafter be referred to as “User”, “Client”.

Phidias Propfirm LTD will hereinafter be referred to as the “Company”. This term will also be used in reference to the entities, agents, affiliates, employees, and executives of Phidias Propfirm LTD.

The use of the Site, the creation of an account and/or subscription to a plan is subject to compliance, by all Users, with these GTC. Use of the Site implies the User’s acceptance of the GTC.

These GTC may be subject to modifications. The applicable conditions are those in force on the Site on the date of use of the Services.

1. PRELIMINARY PROVISIONS

1.1. The Services are only intended for persons over 18 years of age.

1.2. The Services are strictly intended for persons who professionally engage with the Company and who have professional status (see Article 4: Professional Status).

1.3. The Services are only intended for persons residing in certain countries. For greater clarity, the Company has established a list (see Appendix No. 1), which may be modified, of countries in which the Services are unavailable. This list, while respecting the requests of regulators and the regulatory requirements of various jurisdictions, is established at the discretion of the Company, particularly with regard to its capacities. The reasons why certain countries are not eligible for the Company’s Services include:

• Sanctions and embargoes: certain countries subject to international sanctions or embargoes that restrict or prohibit international financial transactions, which consequently obstructs the provision of the Company’s Services in these regions;
• Fraud risks: certain countries historically presenting a higher level of fraud risk, whether by credit card, identity theft, hacking, online scams, and other types of financial fraud. In view of these risks, the Company must protect Users and its activities by limiting risks from these countries;
• The Company’s management capacity: in certain countries, the Company’s partners, brokers, technical support companies, or data providers are unable or unwilling to open real accounts, so as not to hinder the Company’s ability to effectively serve Users.

Furthermore, the following are also excluded from the scope of Services provided by the Company:

• Persons listed on financial sanctions lists, persons with a criminal record related to financial crime or terrorism, and persons banned due to the breach of a previous contract.

In this regard, the Company reserves the right to request the necessary information to verify that the Users of its Services meet these prerequisites.

1.4. The User accepts and understands that these restrictions are put in place to ensure the security, compliance, and quality of the Services.

1.5. None of the services provided by the Company can be considered an investment service in accordance with applicable laws. The Company does not provide any guidance, instruction, or information on how the User should conduct transactions using the Services or otherwise, nor any similar information on traded investment tools. None of the Services constitutes advice or a recommendation regarding investment.

1.6. The Company cannot provide tax advice or answer questions related to taxes, declarations, citizenship, work visas, or other tax matters. No tax-related questions should be forwarded to the support service. It is advisable to contact a tax advisor or accountant.

1.7. The Company cannot provide any guarantee regarding the profits that could be realized by Users. Users are informed that they may therefore not recover the “investment” constituted by the payment of their subscriptions. However, the Company is able to guarantee that the User can never lose more than the amounts paid as part of their subscription, which are detailed below. Indeed, the User pays a subscription but does not invest money in the trading operations they might perform, as all operations on funded accounts are carried out with the Company’s funds.

1.8. It is necessary, as a preliminary, to define the following terms:

• “CASH Account”: an account in virtual currency where performance is paid by the Company and allows the User to withdraw profits under certain conditions.
• “LIVE Account”: an account fully funded by the Company in real money from the Company’s funds.

2. SERVICES PROVIDED BY THE COMPANY

The Company offers trading Services to Site Users, which are divided into two phases: first, the evaluation phase and, in case of success, the granting of a CASH account.

The evaluation phase, described below, allows Users to test their trading skills in a virtual space, through virtual currency, in exchange for a monthly payment depending on the type of account chosen.

The performances achieved during this evaluation phase determine whether the User has the profile to obtain a CASH account.

In case of success in the evaluation phase, the Company may grant the User a CASH account. This CASH account allows the User to carry out trading operations through a virtual space that replicates financial markets, with virtual funds made available on the account funded by the Company, according to the selected account format.

The Company reserves the right to replicate the operations carried out by Users on real markets, which allows Users to be remunerated by the Company via payments called “Payouts” on the operations they transmit to the Company.

The User will therefore not perform any trading operations with their own funds, but only with the Company’s funds. If the User has a particularly interesting profile for the Company, the latter reserves the right to grant them a LIVE account, under the conditions stated below.

In case of failure in the evaluation phase, the User may start a new evaluation, or if applicable, cancel their account. Evaluation accounts work either:

• As a monthly subscription. Once the subscription is taken out, the monthly fee will be acquired by the Company, unless the account is expressly terminated by the User.
• By a one-time payment (Lifetime). Once the one-time payment is made, it will be acquired by the Company.

2.1. PRELIMINARY PHASE: REGISTRATION

Users wishing to use the services offered by the Site must register according to the procedures provided below.

Any User wishing to open an account on the Site must:

• Choose an account from the various offers listed below;
• Fill out their registration form and provide all required information (including first and last name, email address, username, password, address);
• Check the boxes on the registration form attesting that the User has read and accepted:
  • Data disclaimer,
  • Billing conditions,
  • Privacy policy,
  • 30-day renewal and account balance reset,
  • The GTC.
• Provide information regarding the payment method, which can be any credit/debit card in the User’s name, in order to pay the monthly or one-time payment of the chosen subscription.

The different accounts to which Users have access, to date, are the following accounts:

• The 25K Static account = 2 mini-lots or 20 micro-lots;
• The FUNDAMENTAL 50K account = 10 mini-lots or 100 micro-lots;
• The FUNDAMENTAL 100K account = 14 mini-lots or 140 micro-lots;
• The SWING 50K account = 10 mini-lots or 100 micro-lots;
• The SWING 100K account = 14 mini-lots or 140 micro-lots;
• The 10K DRAWDOWN account (available only to Users registering for the 10K DRAWDOWN challenge) = 8 E-mini-lot or 8 micro-lots;
• The ELITE account = $25,000 additional risk capital on the User’s LIVE account;
• The MASTER LIVE account = $50,000 additional risk capital on the User’s LIVE account.

The Company may freely evolve its offers; the conditions that will appear on the site will apply Mutatis mutandis to these conditions.

An account activation confirmation will be sent to the User via the provided email address. The account activation confirmation email will contain the User’s RITHMIC identifiers.

The User must then install Rtrader Pro and download a trading platform from the list of platforms compatible with RITHMIC, including but not limited to the following platforms:

• Motivewave,
• Quantower,
• Bookmap,
• Sierra chart,
• Atas.

The usage fees for these platforms are the responsibility of the Users.

Registration automatically results in the opening of an account in the User’s name, giving them access to a personal space that allows them to manage the use of the Site’s Services.

The Company informs the User, who accepts, that all accounts are accounts on which the Company can decide, at its own discretion, whether or not to copy positions with its Rithmic’s R software, the TradeFollower™ software.

2.2. EVALUATION PHASE

From the email containing the RITHMIC identifiers, the User can begin their evaluation phase via the trading platform of their choice from the list of platforms compatible with the Services provided by the Company.

To succeed in this evaluation, the User must achieve the profit objectives set by the Company, without violating the rules set by the latter.

In case of non-compliance with one of these rules during the evaluation, the User has 2 options:

• Start a new evaluation by purchasing a reset,
• Wait 30 days, after purchase, to benefit from the automatic account reset, which occurs only in case of evaluation failure.

Any failure in the evaluation opens the right to automatic account reset, allowing the start of a new evaluation phase.

Evaluation attempts are not limited in number, but are all subject to payment of the monthly fee indicated for the chosen account. The monthly subscription must be paid by the User as long as the account has not been validated following a successful evaluation or cancelled by the User.

These fees cover access to the data flow as well as access to the tools and services enabling the success of the evaluation and made available to the User.

In case of success in the evaluation by achieving the objectives set by the Company, requiring a minimum of 3 stock market days, the User will be eligible to obtain their account. The User’s account will be automatically audited within 24 to 72 business hours, without the need to send an email or open a support ticket, so that the account can be examined by risk managers.

2.3. GRANTING A FUNDED ACCOUNT

CASH ACCOUNT

In case of success in the evaluation phase, the Company grants the new User a CASH account. This CASH account is subject to general or specific rules depending on the type of account, and allows the User to perform trading operations from a capital determined by the type of account chosen.

The User has the possibility of paying the rates of Phidias-cash accounts, either monthly or in one payment. One-time payment is valid throughout the life of the account.

The User has the possibility of paying in euros (€) or in dollars ($).

The prices stated above are to be considered as reference, subject to any promotion applied by the Company.

LIVE ACCOUNT

Particularly high-performing Users who fulfill all the objectives set by the conditions of the different accounts, or when they have an interesting profile for the Company, can obtain the evolution of a CASH account into a LIVE account.

This LIVE account thus allows the User to benefit from an account funded with real money, not virtual as on CASH accounts. In addition, the User will be able to carry out their operations directly on the markets, without the intermediary of the Company.

2.4. TERMINATION OF A PHIDIAS-CASH ACCOUNT

The termination of a funded account or an evaluation account can occur at any time, at the initiative of the User.

However, any termination of an account cannot result in any refund of monthly fees previously paid, including fees for the current month.

Termination is in no case automatic and must be carried out for each of the accounts held by the User if they hold several.

The termination of a funded account or an evaluation account can occur at any time, at the initiative of the Company, if the User violates a mandatory rule provided in these GTC.

3. GENERAL RULES APPLICABLE TO PHIDIAS-CASH ACCOUNTS

The rules set out below apply in principle to all CASH accounts, namely Fundamental, Swing, 25K Static, and 10k Drawdown accounts.

As an exception, the different accounts may be subject to derogatory rules that will be specified in the specific rules set out below.

3.1.1. NUMBER OF AUTHORIZED ACCOUNTS AND COPY TRADING

NUMBER OF AUTHORIZED ACCOUNTS

There is no limit to the number of evaluation accounts subscribed by a User.

The total limit for the number of simultaneous funded accounts is 15 accounts. The maximum number allowed by types of accounts simultaneously is as follows:

• 5 Swing accounts (50k or 100k),
• 5 Fundamental accounts (50k or 100k),
• 5 25k Static accounts, CASH or LIVE,
• 1 10k drawdown account.

Any exceeding of this number of accounts is prohibited.

Examples of authorized combinations:

• 5 Fundamental accounts + 5 SWING accounts + 5 25K Static accounts;
• 3 Fundamental accounts + 2 SWING accounts + 3 25K Static accounts + 1 10k drawdown account.

This limit of account numbers is calculated according to either the tax household, the same company, or the internet connection used. Thus, the same tax household, the same company, or people benefiting from the same internet connection are limited to 15 funded accounts, regardless of the number of people included in this unit.

The User understands that this precaution is necessary for the Company to prevent any possible fraud against the rules set by it, and thus to prevent a single User from having more than 15 accounts.

If the total number of authorized accounts is exceeded by a User, no payment will be made to their benefit and the account(s) exceeding the authorized number will be lost. Furthermore, the Company reserves the right to suspend all of this User’s accounts, at its own discretion.

COPY TRADING

The Company authorizes the use of copy trading, as long as the use of this method respects the Company’s directives regarding the number of authorized accounts.

Copy trading is an investment strategy that consists of reproducing the operations of experienced Users. This allows Users to automatically copy the positions of another User, whether they are open or closed.

This means that Users are free to use third-party software or platforms that offer copy trading functionalities. However, any use of these tools is the responsibility of the User. The Company assumes no responsibility in case of any failure or technical problem on these third-party platforms.

It is the responsibility of each User to ensure that the use of these copy trading software or platforms complies with the Company’s rules regarding the number of funded accounts. Any exceeding of this limit will be considered a violation of the Company’s policy and no payment will be made to the User for the accounts in violation. In case of violation of this policy, the Company reserves the right to suspend the accounts of the User concerned.

3.1.2. RESET RULES

In case of failure during the evaluation phase, Users have the possibility to purchase a reset of their account.

Indeed, in case of violation of one of the mandatory rules resulting in an immediate failure of the evaluation, Users have the possibility to reset their account instead of waiting for the end of the 30-day evaluation.

Any reset is done at the following rate, which is independent of all monthly fees paid by the User to the Company as part of the evaluation phase:

The prices stated above are to be considered as reference, subject to any promotion applied by the Company.

No reset can occur in the context of the 25K Static account evaluation.

3.1.3. CONSISTENCY AND REGULARITY POLICY

The Company attaches great importance to discipline, consistency, and security in trading operations. The Company’s commitment to Users is based on strict principles aimed at maintaining the integrity of activities and promoting stable growth for all parties involved.

The main directives of the Company applicable to Users’ funded accounts are as follows:

• Definition of a trading system: the Company seeks Users who develop a precise and seasoned trading system, which must include clear rules for entries, stops, profit-taking, drawdown management, and exits;
• Consistency of operations: Users must maintain consistency in the size of their positions, the number of trading days, and risk management. The Company encourages stability and constancy of operations rather than erratic movements or attempts to “restack” contracts for the sole purpose of achieving specific objectives. The results attributed to the User are calculated on the basis of operations actually executed and entered into the market. Any attempt to exploit the simulated environment results in the loss of access to the account.

  In order to maintain consistency, the Company imposes profit limits for funded accounts. In no case should the balance of profits for a trading day exceed 30% of the total balance. This rule aims to discourage excessively risky transactions. If applicable, if the User realizes profits exceeding 30% of the total balance in one day, they must continue to trade in order to smooth their profit and thus respect the consistency rule imposed by the Company.

• Prohibition of automated trading and High-frequency trading: the use of robots, fully automated trading algorithms, or any form of automated trading is not authorized, with the exception of semi-automated software, provided that the User actively monitors and manually adjusts all operations;
• Avoiding lottery transactions: the Company strongly discourages Users from seeking exceptional transactions or attempting to rapidly accumulate funds by taking excessive risks. The Company rejects “single withdrawal” strategies or attempts at fraud and encourages Users to respect a responsible trading approach.
• Authorization of economic news trading: operations based on economic news are authorized.
• Respect and professionalism: the Company expects Users to interact with the staff, partners, and other Users of the Company with respect and professionalism at all times.
• Contract expiration: the User is required to trade the highest volume and the most recent contract for the instrument to be used. Thus, the trading of illiquid and low-volume contracts is not authorized. It is therefore forbidden to practice spread trading between two maturities on the same product.
• The User can never be both a buyer in one account and a seller in another account at the same time. This applies to the User’s personal accounts or in collaboration with other Users. Any attempt at groups or partnerships will result in the complete closure and confiscation of the accounts of both parties, as well as a ban from the Site, tools, and programs of the Company;
• Treasury Bonds (US, UB, ZB, ZN, ZF, and ZT): arbitrage strategies on Treasury bonds are prohibited by the Company, both on evaluation accounts and funded accounts.

  Indeed, arbitrage strategies exploiting rapid price movements on simulated markets, characterized by artificial liquidity and specific latencies, are not representative of real market conditions. Due to differences in liquidity and structure between simulated markets and real markets, these strategies cannot be reproduced in an effective trading environment. The use of such strategies aimed at taking advantage of the specificities of the simulated flow to generate performances that cannot be reproduced in real conditions is strictly prohibited.

  Any User wishing to use Treasury bonds is required to contact the Company in order to activate the CBOT market data.

  Other strategies on Treasury bonds are authorized.

3.1.4. END OF THE DAY RULES

The Company defines drawdown as the measure of loss, and thus risk, of a trading strategy. The maximum drawdown over a given period corresponds to the maximum loss recorded by a trading strategy over this period. This drawdown can be calculated as an amount or a percentage.

Regarding the management of authorized drawdown: the authorized drawdown is calculated at the end of each trading day, and consequently, it is not modified during the day.

However, if the User’s balance reaches and exceeds the drawdown limit value, the account will be liquidated. It is possible for the User to follow their results at any time using the trading dashboard on R Trader Pro (see tab “Account balance” or “Account balance”). When the account balance reaches a new profit peak at the end of the trading day, the drawdown is calculated taking into account only the realized profits, excluding, a fortiori, the missed profits throughout the day.

Regarding the trailing end of the day (also called day-end draw), it consists of automatically adjusting the daily stop-loss level as the User’s capital evolves upwards.

The end of the day drawdown:

• On evaluation accounts always persists until the end of the evaluation, this means that for a 50k account, the User will always have a maximum of $2,500 authorized losses and for a 100k account, the User will always have $3,000 authorized losses;
• On funded accounts stops at $50,100 for 50k accounts and at $100,100 for a 100k account. This means that when the drawdown reaches its limits, it will no longer follow if the User continues to make gains on their account.

3.1.5. WITHDRAWAL RULES

In order to bring financial flexibility to Users, the Company has set up the following system regarding payments from funded accounts.

To check the number of accumulated trading days, the User can consult their Phidias client Dashboard.

Regarding gains, payments are made, after any withdrawal request, via RISEWORKS.io. The Company is committed to offering a simple, transparent, and rapid payment process.

FIRST WITHDRAWAL

Regarding withdrawals, any User can only make one withdrawal request per month, after a period of 10 distinct and individual trading days, between the 20th and 25th of each month, provided that the account reaches or exceeds the minimum threshold:

• For a 50k account (Swing or Fundamental): the minimum threshold is $52,600,
• For a 100k account (Swing or Fundamental): the minimum threshold is $103,700,
• For a Master account: refer to the special conditions,
• For a 10k Drawdown account: refer to the special conditions,
• For a 25k Static account: refer to the special conditions.

It is important to note that the Company only considers a trading day as complete after the market closes and at the beginning of the 11th day. The system being automated, no exception can be made outside these rules. In case of non-compliance with a deadline, the payment request will be postponed to the next payment request period, where it will be processed.

The minimum withdrawal amount can never be less than $1,000. Additionally, a required minimum balance must be maintained after payment. During this initial three-month period, there is also a maximum payment amount, regardless of the number of payments made in the month.

If the User’s balance falls below the minimum threshold, this does not constitute a fault but it obstructs any withdrawal request. The User will only be able to reformulate a withdrawal request from the moment their account has reached the minimum threshold.

Regarding the account balance after withdrawal: in order to avoid any risk, the Company limits withdrawals using a minimum threshold. Thus, the account balance after withdrawal can in no case be below:

• $50,100 for a 50k account (Swing or Fundamental),
• $100,100 for a 100k account (Swing or Fundamental),
• Master: refer to the special conditions,
• 10k Drawdown: refer to the special conditions,
• 25k Static: refer to the special conditions.

Consequently, the maximum withdrawal amount for each payment period depends on the account size:

• 50k account (Swing or Fundamental): the User can withdraw up to $2,000 per payment period.
• 100k account (Swing or Fundamental): the User can withdraw up to $2,500 per payment period.
• 25k Static account: the User can obtain a bonus of $1,000 per account.

If the User has several accounts, they can withdraw up to the maximum amount of each account during each payment period.

Any withdrawal that is initiated and processed will incur a commission of 20% on the withdrawal amount by the Company, while the remaining 80% will be credited to the User’s bank account.

FROM THE THIRD WITHDRAWAL ONWARDS

Beyond 3 withdrawals on the funded account, withdrawals can be requested at any time as long as the minimum account threshold is exceeded.

Furthermore, for the first 3 withdrawal requests, each request also requires a minimum of 10 distinct trading days between them. It is important to note that these 10 active trading days extend from one request to another and are not linked to the approval dates of previous requests, the time when funds were deducted from the trading account, or the time when payments were sent or received. In other words, a minimum of 10 distinct trading days must be respected between each withdrawal request, whether it was approved or refused during the first three months of the account’s life.

The maximum limits remain in effect until three withdrawals are completed. At the fourth withdrawal and beyond, there is no longer a maximum withdrawal limit, as long as the account maintains the required minimum balance.

3.1.6. ACCESS TO MARKET DATA

During the evaluation phase, a non-professional User will obtain free top of book data for the CME (Chicago Mercantile Exchange). CME Top of Book data corresponds to the most advantageous bid and ask prices for instruments traded within the CME clearing house.

To obtain market depth, the User can purchase on the Site:

• for 11€, the market depth of one of the following markets: COMEX, NYMEX, CBOT, CME,
• for 33€ the entire depth for these 4 aforementioned markets.

It is possible to make these purchases in the dedicated part for this purpose: “Rithmic market depth”.

3.1.7. OPEN POSITIONS OVER-NIGHT AND OVER-WEEK

Over-night positions are trading positions that are neither closed nor liquidated at the end of the trading day. Over-Week positions are positions that are not closed at the end of the week and remain open at the resumption of the Globex session on Monday.

In accordance with the Company’s trading rules:

• all positions must be CLOSED before the end of the trading day for Fundamental accounts;
• positions on SWING accounts can remain open Over-night and Over-Week, with a lot size corresponding to the size of your account.

Failure to close a position before market close will result in disqualification of the account. This rule is only valid for FUNDAMENTAL accounts; SWING and MASTER accounts are of course excluded from this rule, as we authorize Over-Night and Over-Week with these types of accounts.

3.1.8. 30% CONSISTENCY RULE

In order to evaluate the regularity of trading performances of funded accounts, a consistency rule is applied. This imposes that no profit day exceeds 30% of the total profit accumulated by the User.

Calculation example: If your total profit is $1,000, then the maximum authorized gain on a single day is $300 (30% of $1,000).

If, however, you realize a gain of $330 in one day, you will need to increase your total profit to $1,100 in order to respect the consistency rule (since 30% of $1,100 equals $330).

Minimum duration to apply the rule: The consistency rule cannot be calculated on a single day, because in this case, the daily gain would represent 100% of the total profit. It is therefore applied on a minimum of four days.

Example over four days: • If you realize $1,000 of profit distributed equally ($250 per day), your most profitable day represents 25% of the total, which complies with the rule.

• However, if over these four days, you record $350 one day, $100 another day, and $250 the two remaining days, the total remains $1,000, but the day at $350 exceeds the 30% limit ($350 represents 35% of the total).

Impact of the consistency rule on performance The calculation of consistency allows for objectively evaluating the stability of a trader’s gains.

• Over a long period (e.g., 400 trading days), an exceptional gain will have only a weak impact on overall consistency.

• Conversely, over a short period (e.g., 2 to 3 trading days), a significant gain will distort the perception of actual performance, making it more difficult to maintain a 30% consistency over the long term.

Consistency is calculated day by day. It also takes into account losses: high gains followed by significant losses require more profits to regain balance. However, these losses do not directly increase the value of consistency at a given moment.

3.1.9. LIST OF AUTHORIZED PRODUCTS

Stock Indices

• E-mini S&P 500 (ES)
• Nikkei NKD (NKD)
• E-mini NASDAQ 100 (NQ)
• Mini-DOW (YM)
• Russell 2000 (RTY)
• Micro-E-Mini S&P 500 (MES)
• Micro-E-Mini Dow Jones (MYM)
• Micro-E-Mini Nasdaq-100 (MNQ)
• Micro-E-Mini Russel 2000 (M2K)

Interest Rate Futures

• 2-year Note (ZT)*
• 5-year Note (ZF)*
• 10-year Note (ZN)*
• 30-year Bond (ZB)*
• Ultra-Bond (UB)*

Currency and Cryptocurrency Futures

• Australian $ (6A)
• British Pound (6B)
• Canadian $ (6C)
• Euro FX (6E)
• Japanese Yen (6J)
• New Zealand Dollar (6N)
• Bitcoin Micro Futures (MBT)
• Ethereum Micro Futures (MET)

Agriculture

• Lean Hogs (HE)
• Live Cattle (LE)
• Feeder Cattle (GF)
• Wheat (ZW)
• Soybeans (ZS)

Energy

• Crude Oil (CL)
• E-mini Crude Oil (QM)
• Natural Gas (GN)
• E-mini Natural Gas (QG)
• Heating Oil (HO)
• Port of New York (RB)
• Micro Crude Oil (MCL)

Metals

• Gold (GC)
• Silver (SI)
• Copper (HG)
• Platinum (PL)
• Palladium (PA)
• Micro-Gold (MGC)

*If the User wishes for a specific product that is not available, do not hesitate to contact the team at the following link: Contact Us.

3.2. SPECIFIC RULES

The general rules set out above are intended to apply to all funded accounts (Fundamental, Swing, Master, 25k Static, and 10k drawdown).

As an exception, certain specific rules cancel or complement the general rules depending on the accounts concerned.

In case of conflict or misunderstanding, the existence of a specific rule will always prevail over a general rule. In the absence of a specific rule, the general rule will apply.

3.2.1. FUNDAMENTAL ACCOUNTS

All instruments for Fundamental accounts only must be traded during the following opening hours (UTC time):

• Regarding CME Globex: from Sunday to Friday from 23:00 to 21:59 (UTC);
• Regarding Clearport: (clearing time, please find the information on the CME group website): https://www.cmegroup.com/clearport.html

The User is required to consult the website of each exchange for official hours and holidays Normal CME trading hours: https://www.cmegroup.com/tradinghours.html#foi=F&tradeDate=2023-11-23&pageNumber=1 Holiday calendar: https://www.cmegroup.com/tools-information/holiday-calendar.html

Depending on the User’s location, it is advisable to consult the following time converters:

• https://savvytime.com/converter
• https://www.worldtimebuddy.com/

3.2.2. 10K DRAWDOWN ACCOUNT

OPERATION

The 10K DRAWDOWN account is a specific account accessible only to participants of the 10K DRAWDOWN challenge.

This 10K DRAWDOWN challenge is a virtual challenge that is launched by the Company at regular intervals, the launch dates of which appear, for each challenge, on the 10K DRAWDOWN page, accessible from the Site, via the “10K DRAWDOWN Challenge” tab.

The challenge has a duration of 1 month. When the challenge is ongoing, the User can decide to participate at any time and up to 5 days before the closure of the challenge. After this deadline, registrations are no longer possible before the launch of the next challenge launched by the Company.

In order to participate in this challenge, the User is required to pay a registration fee of 19€.

Once the registration is paid by the User, they receive a 10K DRAWDOWN account and are registered in the pool of Users participating in the challenge for 1 month.

Each participant in the challenge can register several times, without restriction on the number of participations, in order to obtain access to several 10K DRAWDOWN accounts and increase their chances of success. Each participation requires the payment of the aforementioned registration fee of 19 €.

The objective for participants of the 10K DRAWDOWN challenge is to rank first, or failing that, among the 10 best Users, by realizing the maximum profit during the month of the challenge.

Each participant will have access to a ranking in their Dashboard space, which will be updated every day, at the end of the day, throughout the duration of the challenge.

Each participant, whether they have one or several accounts for the challenge, will be represented in the ranking by the account through which they have achieved the best performance. The other accounts will not be counted in the ranking. Thus, each participant, regardless of the number of accounts created for the challenge, can only appear in the ranking once. The entirety of a participant’s accounts will therefore not be listed in the ranking, for clarity purposes.

All participants in the challenge win a reward, namely:

• The 1st wins a LIVE 10K DRAWDOWN account,
• The 2nd wins a CASH 100K SWING account,
• The 3rd wins a CASH 50K SWING account,
• The 4th wins a CASH 100K FUNDAMENTAL account,
• The 5th wins a CASH 50K FUNDAMENTAL account,
• The 6th wins an Evaluation 100K SWING account,
• The 7th wins an Evaluation 50K SWING account,
• The 8th wins an Evaluation 100K FUNDAMENTAL account,
• The 9th wins an Evaluation 50K FUNDAMENTAL account,
• The 10th wins an Evaluation 50K FUNDAMENTAL account,
• The top 10% (excluding the top 10 mentioned above) benefit from a 70% discount code on all evaluation accounts (except 10K DRAWDOWN and MASTER accounts),
• The top 50% (excluding the top 10 and the top 10%) benefit from a 50% discount code on all evaluation accounts (except 10K DRAWDOWN and MASTER accounts),
• The top 100% (excluding the top 10, the top 10% and the top 50%) benefit from a 30% discount code on all evaluation accounts (except 10K DRAWDOWN and MASTER accounts).

RULES OF THE 10K DRAWDOWN LIVE ACCOUNT

The participant in the challenge who finishes first in the challenge, therefore wins a LIVE 10K DRAWDOWN account. This account includes 8 E-mini lots and/or 8 E-micro-lots.

The applicable rules are as follows:

• The 10K DRAWDOWN account is 10,000 US dollars static;
• The account is not subject to trailing;
• The User must leave a minimum of $12,000 in their account during withdrawal requests;
• No payment amount limit from D+1 of the funded account. Provided that the withdrawal threshold has been reached;
• No minimum trading days for payment requests.
• The fees are waived,
• The monthly fees for professional data flows of 122 € are waived;
• Over-Night and Over-Week positions are not authorized; (This limit can be adjusted based on the User’s results);
• The position size limit evolves according to the gains made on the account. Here is how position sizes evolve according to the gains of the 10K DRAWDOWN account: For each $10,000 of gains made on the account and left available on the capital, 1 more E-mini lot or 1 E-micro-lot is authorized for position taking within a maximum limit of 4 additional E-mini lots or 4 E-micro-lots. Example: the User earns $25k after a period of work on the 10K DRAWDOWN account, which brings their total capital to $35k, the User can now engage 2 additional E-mini lots or 2 E-micro-lots (Intraday) or 10 E-mini lots or 10 E-micro-lots in total in the market).

3.2.3. 25K STATIC ACCOUNT

Access to accounts and additional credits

The accounts offered by the Site offer immediate and simplified access to a live trading environment (“Live”).

Each User can hold up to five (5) 25K Static CASH accounts. When one of these accounts reaches the set objective, a credit of $500 is added to the User’s LIVE account.

Thus, by validating the objectives of the five (5) CASH accounts, the User can accumulate up to $2,500 (5 x $500) of credit on their LIVE account.

Conditions of 25K Static CASH accounts

• Authorized static loss: $500.
• No end of day (EOD) rule or trailing drawdown.
• Objective to reach: $1,500.
• Access to the LIVE account: After validation of the objective of $1,500 on a CASH account.

General rules

• Consistency rules: No consistency rule between accounts (Evaluation, Cash and LIVE).
• Minimum number of trading days: None required for Evaluation, Cash and LIVE accounts.
• Withdrawal: Possible from the next day (D+1) on a Cash account.

Withdrawal on a LIVE account

• Withdrawal requests can be made each day, without requirement of minimum trading duration or consistency.
• The minimum amount for a withdrawal is $500.
• Withdrawal requests will be processed as soon as the LIVE account balance is higher than the initial balance plus $100.
• Payments are exclusively made via RISE.
• Profit sharing: 80% for the Trader and 20% for the Company.

Functioning of LIVE accounts

Once the objective of $1,500 is reached on a 25K Static CASH account, a bonus of $1,000 is added to the Trader’s LIVE account, and they access their LIVE account.

For each validated 25K Static CASH account, the User obtains a credit on their LIVE account allowing them to trade with a position of 2 lots (or 20 micro-lots) and an authorized loss of $500.

Validated CASH accounts can be cumulated, up to a maximum of 5 CASH accounts per User. The total credit on the LIVE account will be adjusted according to the number of validated CASH accounts.

Example: A User validates 5 25K Static CASH accounts, they will receive a bonus of $5,000 (5 x $1,000 for each validated CASH account) and their LIVE account will be credited with 2 lots (or 20 micro-lots) and an authorized loss of $2,500 in total.

Advantages for the User

• Simplified access to the LIVE account.
• Possibility of obtaining a LIVE account with a credit equivalent to a 50K Fundamental or Swing account, while benefiting from a static loss.
• Performance bonus for having reached the objectives of the CASH accounts.

Specific rules of the 25K CASH Static LIVE account

• Position size: 2 E-mini or 20 micro-lots.
• Initial loss limit: $500 static, with possibility to increase up to $2,500.
• Assets available for trading: CME, CBOT, NYMEX and COMEX.
• Minimum balance: The minimum withdrawal balance is the initial account balance plus $100.
• Monthly fees of 120 € or 122 $ are waived.
• Trading limits: Overnight and week trading is not authorized, except with specific agreement.
• Profit split: 80% for the User, 20% for the Company.

Transition to LIVE account and participation in challenges

• A User can only possess one LIVE account.
• Transition to LIVE account via a Fundamental or Swing account:
  • Can no longer participate in Fundamental and Swing challenges.
  • Can only participate in 10K Drawdown and 25K Static challenges.
• Transition to LIVE account via a 25K Static account:
  • A Trader can convert up to 5 25K Static accounts into LIVE accounts.
  • Once the Trader has a LIVE account with the equivalent of 5 25K Static accounts, they can no longer participate in 25K Static challenges.
  • They will only be able to participate in 10K Drawdown, Fundamental and Swing challenges.
• Transition to LIVE account via a 10K Drawdown account:
  • Can no longer participate in 10K Drawdown challenges.
  • Can only participate in 25K Static, Fundamental and Swing challenges.
• In case of failure on a LIVE account, the User will not be able to subscribe to a new 25K Static challenge for a period of one (1) month.

Credit for success in new challenges

If a User already having a LIVE account succeeds in another challenge normally leading to the opening of a LIVE account, they will not receive a second LIVE account. Instead, the amounts provided for this account will be credited directly to their active LIVE account.

3.2.4. ELITE LIVE AND MASTER LIVE ACCOUNTS

The ELITE LIVE and MASTER LIVE accounts are accounts benefiting from additional risk capital on the User’s LIVE account.

Consequently, the ELITE LIVE Account and the MASTER LIVE Account are accessible to Users having a live history:

• ELITE LIVE Account: minimum 60 days of live trading, with an account balance reaching $125,000 and/or cumulated with payouts on the LIVE account;
• MASTER LIVE Account: minimum 120 days of live trading, with an account balance reaching $250,000 and or cumulated with payouts on the LIVE account.

For each transition, an addition to the starting balance of the live account is made:

• • $25,000 for the ELITE equivalent.
• • $50,000 for the MASTER equivalent.

4. PROFESSIONAL STATUS

All Users are considered as professionals with respect to the services they provide to the Company.

However, regarding market operations, whether carried out on a fictional account (evaluation account) or real (funded account), they are classified as non-professionals. Indeed, they do not possess the status of investment fund, company exercising a regulated financial activity, or any other entity subject to specific regulation.

It is therefore essential to clearly differentiate: • The professional status as an intervener, linked to the services rendered to the company; • The professional status in the sense of financial markets, determined by market data providers according to distinct criteria.

Furthermore, when the User receives income from the Company, they are automatically treated as an individual entrepreneur and not as an employee.

In this regard, it is essential for the Company that the User maintains up-to-date information, particularly their professional address and bank details, in order to allow the Company to forward their funds to the User. Thus, payment information must correspond to the User’s registration information.

The Company may at any time request from the User the justification of their registration in the trade register or any other similar entity according to the territory in which they are established.

5. INTELLECTUAL PROPERTY

The Company remains the owner of all intellectual property rights including but not limited to, copyrights, trademarks, models, designs, know-how, trade name, database rights etc., associated with the Services provided by the Company.

The User therefore prohibits any reproduction or exploitation of said rights without the express, written and prior authorization of the Company, which may condition it on financial consideration.

All content present on the Site, including, but not limited to, graphics, images, logos, videos, icons, and software, are the exclusive property of the Company or its partners and are protected by national and international laws relating to intellectual property.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, whatever the means or process used, is strictly prohibited without the prior written authorization of the Company.

6. RESPONSIBILITY OF THE COMPANY

Neither the Company nor its subsidiaries or their respective officers, directors, employees, agents, suppliers, sponsors, or advertisers are responsible or held responsible for any indirect, incidental, consequential, special, exemplary, punitive, or other damage under any contract, negligence, strict liability, or other theory arising in any way from any Service provided by the Company. The maximum exclusive liability of the Company towards Users is for all damages, losses, and causes of action (whether in contract, in tort, including, without limitation, negligence), or otherwise, will be the total amount that the Trader will have paid, if applicable, directly to the Company for the Services. Applicable law may not allow the limitation of liability, in which case the above limitations may not apply to you.

Any technical problem, interruption of service, data, platform, software, indicators, trading computers, internet provider, or tools used for trading or access to trading is not the responsibility of the Company. Each User is responsible and will have to manage the technical problems that could arise.

All information, content, services, and documents are provided “as is” and “according to their availability”. To the fullest extent permitted by applicable law, the Company hereby disclaims any representation or warranty of any kind, express or implied, as to the availability, operations, and use of the site or information, content, material, or services, on or accessible via the Site.

In no case, will the Company be held responsible towards the User or any third party for damages of any nature resulting from the use, access, trust, impossibility of using or inappropriate use of the site, of any information, content, material, or services available on the Site.

7. RESPONSIBILITY OF THE USER

The User undertakes to provide correct and updated information to the Company and not to cause any harm by their use of the Site and the Services provided.

The User assumes the risks and responsibility if they choose to use the Site or any of the tools, services, or programs. The User’s use of the site and any publication, presentations, information on financial transactions, price data, commercial data, information on performances, blogs, publications, or other information, content, services, and documents, accessible via, or described on the site is at the User’s own risk and peril.

The User acknowledges that they are responsible for the acquisition and maintenance of any telephone, computer, and other equipment necessary to access and use the information, products, and services, including websites, and all charges related thereto. The User assumes full responsibility and risks related to their use and dependence on the Services provided by the Company. No opinion, advice, or statement of the Company, its subsidiaries, or their respective officers, directors, employees, agents, suppliers, sponsors, and advertisers, whether made on a website or otherwise, will create a warranty. The Company does not represent any platform, such as rithmic, or other platforms.

The User understands that the Company does not manage the platforms and that it does not provide the data. The data is provided by Rithmic. They understand that the Company has no capacity to control or create the data or executions or the absence thereof. The Company does not guarantee that the data will be correct, timely, or useful for a particular use.

Neither the User nor a third party will hold the Company responsible for any change, cancellation, or suspension of the Company’s services.

Any purchase resulting in a chargeback or payment dispute will result in the immediate deactivation of the User’s membership. The username will be permanently banned from the Company’s authorized user database.

Any chargeback initiated by the User will be subject to a thorough investigation, and the latter will no longer be able to purchase services from the company. Any additional purchase will be refunded immediately.

International Users outside of Gibraltar understand that they are responsible for compliance with the laws of their local jurisdiction regarding import or export regulations concerning any service or site operated by the Company. It is prohibited to access the content or services of any website of the Company if they are in violation of any local law of the User.

8. BILLING AND REFUND CONDITIONS

BILLING

Billing begins for each User on the day of their registration and will continue every month (30-day cycle), regardless of the account situation. Billing being established on a 30-day cycle, the User accepts that the date of the debit may differ from one monthly payment to another, within the limit of 3 days before and 2 days after the billing date of the previous cycle.

Under these conditions, the User authorizes the debit of their credit card and its processing via the Company’s merchant account, for the payment of each of the monthly installments.

Automatic monthly billing will only end in case of cancellation of the account by the User. The cancellation of the account occurs only at the initiative of the User. The account will be active until the end of the 30-day cycle after cancellation.

REFUND

All subscriptions made are final.

Unless otherwise indicated, each subscription duration will be automatically renewed at each due date, unless the User cancels their subscription before the expiration of the subscription duration then in progress.

The absence of participation or use of such a purchased service does not entitle to a refund.

No return, refund or exchange, partial or otherwise, for any reason whatsoever can be requested from the Company. Once the order is placed and the User’s credit card is charged or the encrypted payment is processed, there is no return or credit. It is not possible to return the product and demand a refund, as the intellectual property has also been provided.

9. PERSONAL DATA

The information collected on the Site is intended for the Company and is used for the following purposes: to allow Clients to benefit from the Services offered on the Site, to inform them and manage the Company-Client relationship, to secure the Site and comply with regulatory and legal obligations.

The data collected are as follows: identification data, contact details, transactional and account management information, identity documents, connection data.

The data is kept for the duration necessary for their use. The data is subsequently anonymized or deleted, when they are no longer necessary, in order to satisfy the indicated purposes, unless legislation imposes to keep them longer.

In accordance with the “Informatique et Libertés” law of January 6, 1978, and the General Data Protection Regulation (GDPR) of May 23, 2018, the Client has a right of access, rectification, and deletion of data concerning them.

For more information, refer to the privacy policy available on the Site.

10. APPLICABLE LAW – LANGUAGE

These GTC and the operations that derive from them are governed by the law of Gibraltar.

They are written in French. In the event that they are translated into one or more languages, only the French text would be authentic in case of dispute.

11. DISPUTES

All disputes to which the use of the Services and the Site in application of these GTC could give rise will be submitted to the competent courts under the conditions of common law.

I’ll provide you with the English and Spanish translations for your website’s Terms of Use section on VAT information.

12. VAT INFORMATION The prices displayed on our website are excluding taxes.

Individual Customers – European Zone (EU)

If you are an individual residing in the European Union, VAT will be automatically added at the rate applicable in your country of residence. You can consult the list of countries and standard VAT rates below.

Business Customers – European Zone (EU)

If you are a business established in an EU member country, you may benefit from the reverse charge of VAT, in accordance with current legislation. To do this, you must provide a valid intra-community VAT number during payment. Once validated, you will be invoiced excluding tax.

Customers outside the European Union

All customers located outside the European Union, whether individuals or businesses, are not subject to VAT. You will therefore only pay the amount excluding tax.

Austria: 20%
Belgium: 21%
Cyprus: 19%
Czech Republic: 21%
Germany: 19%
Denmark: 25%
Estonia: 20%
Greece: 24%
Spain: 21%
Spain (Santa Cruz): 0%
Spain (Las Palmas): 0%
Finland: 24%
France: 20%
Guadeloupe: 8.5%
Martinique: 8.5%
Réunion: 8.5%
French Guiana: 0%
Mayotte: 0%
United Kingdom: 20%
Ireland: 23%
Italy: 22%
Luxembourg: 17%
Netherlands: 21%
Portugal: 23%
Slovakia: 20%
Hungary: 27%
Isle of Man: 20%
Lithuania: 21%
Latvia: 21%
Poland: 23%
Sweden: 25%
Monaco: 20%

APPENDIX No. 1: List of countries in which the Services are unavailable