Terms of Service

1. Acceptance of Terms

1.1 Binding Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Participant") and EightFund Ltd, a company registered in England and Wales ("EightFund," "Company," "we," or "us"). By accessing, registering, or using the EightFund Platform, website at eightfund.trade, Telegram application, or any related services (collectively, the "Platform"), you agree to be bound by these Terms, as well as our Educational Simulation Participant Agreement ("ESPA") and Privacy Policy. If you do not agree to these Terms, do not use or access the Platform.

1.2 Age and Authority

By accepting these Terms, you represent and warrant that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, and that you have the full legal capacity and authority to enter into and be bound by this agreement on behalf of yourself or any entity you represent.

1.3 Digital Acceptance and Electronic Signature

You acknowledge that your use of the Platform constitutes your electronic signature, which has the same legal force and effect as a handwritten signature. You further acknowledge and agree that:

• You affirmatively consent to the use of electronic agreements and records;
• You understand and accept the binding nature of digital clickwrap agreements;
• You are responsible for reviewing these Terms prior to acceptance.

1.4 Updates and Continued Use

EightFund may modify these Terms from time to time. All changes are effective immediately upon posting to the Platform unless otherwise stated. Your continued use of the Platform after such modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms regularly for updates.

2. Educational and Simulated Purpose Disclaimer

2.1 Educational Use Only

The EightFund Platform is designed solely for educational, training, and skill-development purposes. It provides users with access to a simulated trading environment that mirrors market conditions for the purpose of personal learning, behavioral modeling, and data analysis. The Platform is not intended for speculative use or investment decision-making.

2.2 No Financial, Investment, or Trading Advice

EightFund does not provide any financial, investment, tax, legal, or trading advice. Nothing on the Platform constitutes a recommendation or endorsement of any strategy, product, or security. You acknowledge that:

• No content on the Platform shall be construed as a solicitation or promotion of securities or investment services;
• EightFund is not a broker-dealer, investment advisor, exchange, or regulated financial entity under any jurisdiction;
• Any decisions you make based on your simulated performance are solely your responsibility.

2.3 Simulated, Not Real-World, Trading

All activity on the Platform occurs in a virtual environment and does not involve the execution of actual trades or financial transactions. Any simulated gains or losses:

• Are not real and do not reflect actual market execution, liquidity, or slippage;
• Are generated by synthetic mechanisms within the Platform;
• Do not create any right or claim to actual financial performance.

2.4 No Performance Guarantee

EightFund makes no warranties or representations regarding:

• The accuracy, completeness, or realism of any simulated results;
• Your ability to replicate such results in real-world trading;
• The fitness of the Platform for your specific educational or strategic goals.

2.5 Risk Acknowledgment

By using the Platform, you acknowledge and agree that:

• Simulated trading carries unique risks, including overfitting, hindsight bias, and unrealistic expectations;
• EightFund shall not be liable for any decisions you make based on simulated performance or Platform content;
• Participation is entirely voluntary and does not create any entitlement to future rewards, benefits, or market success.

2.6 No Fiduciary Duty

EightFund does not owe any fiduciary duty to any Participant. No relationship of trust, confidence, or special obligation exists between EightFund and any Participant. EightFund acts solely as a provider of an educational simulation platform and owes no duty of care, loyalty, or good faith beyond what is expressly stated in these Terms. You are not a client, customer, or beneficiary of EightFund in any financial, advisory, or fiduciary capacity.

2.7 Discretionary Nature of Payout Awards

All payout awards offered through the Platform are entirely discretionary. EightFund retains sole and absolute discretion to determine whether, when, and in what amount any payout award shall be granted. Payout awards:

• Are not guaranteed, promised, or owed to any Participant under any circumstance;
• Do not constitute wages, salary, commissions, investment returns, trading profits, or any form of employment compensation;
• May be withheld, reduced, delayed, or revoked by EightFund at any time for any reason, including but not limited to concerns regarding data integrity, platform abuse, risk management, or compliance;
• Are granted solely in exchange for the licensing of Participant's performance data and behavioral analytics, as further described in the ESPA;
• Do not create any vested right, expectation, or entitlement, regardless of prior payout history.

BY USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE NO RIGHT, CLAIM, OR ENTITLEMENT TO ANY PAYOUT AWARD AND THAT ALL PAYOUT AWARDS ARE MADE AT EIGHTFUND'S SOLE AND ABSOLUTE DISCRETION.

2.8 Regulatory Classification

EightFund is a software-as-a-service (SaaS) platform providing educational simulation tools. EightFund is not and does not operate as:

• A broker, dealer, or broker-dealer as defined under any applicable securities law;
• An investment advisor, asset manager, or fund manager;
• A cryptocurrency exchange, money transmitter, or payment service provider;
• A proprietary trading firm engaging in real-market transactions with Participant capital;
• A regulated financial institution of any kind under any jurisdiction.

Any characterization of the Platform or its services as "trading," "funding," "investing," or similar terminology on the Platform, in marketing materials, or in third-party descriptions is used solely for illustrative and educational purposes and shall not be construed as an indication that EightFund provides financial services of any kind.

3. Account Registration and Identity Verification

3.1 Account Registration Requirements

To access the Platform, you must register for an account by providing accurate, current, and complete information via email or Telegram authentication. You agree to update your account information promptly if any details change. EightFund reserves the right to deny or revoke access at its sole discretion.

3.2 Identity Verification and KYC Obligations

You agree to comply with all identity verification procedures required by EightFund, including Know Your Customer (KYC) protocols. KYC verification is required before processing the first payout award from a Funded Account. This may include submission of:

• Government-issued photo identification (passport, national ID card, or driver's license);
• Proof of residential address dated within the last 3 months;
• A selfie holding the identification document;
• Additional documentation as deemed necessary to verify your identity or prevent fraud.

Participant authorizes EightFund and its third-party service providers to collect, process, and verify such data in accordance with applicable law and EightFund's Privacy Policy. Failure to complete KYC verification within 14 calendar days of the initial request will result in suspension of payout award processing. Providing false or fraudulent identification documents will result in permanent account ban and forfeiture of all balances.

3.3 Ongoing Compliance

EightFund may periodically request updated verification documents to maintain compliance with applicable laws or internal policy. Refusal to cooperate may result in suspension, limitation, or termination of access to the Platform.

3.4 Anti-Money Laundering (AML) Compliance

EightFund is committed to preventing money laundering, terrorist financing, and other financial crimes. By using the Platform, you represent and warrant that:

• You are not using the Platform to launder money, finance terrorism, or engage in any illegal activity;
• All funds used to pay Challenge fees are derived from legitimate sources;
• You are not acting on behalf of any person or entity subject to economic sanctions imposed by OFAC, the United Nations, the European Union, or Her Majesty's Treasury;
• You will cooperate fully with any investigation by EightFund, its service providers, or law enforcement relating to suspected financial crime.

EightFund reserves the right to report suspicious activity to the relevant authorities without prior notice to the Participant and to freeze or terminate accounts pending investigation.

3.5 One Account Per User

Each Participant is permitted to register and maintain only one (1) Platform account unless expressly authorized in writing by EightFund. Sharing, renting, selling, or otherwise permitting third-party use of your account credentials is strictly prohibited.

3.6 Security and Unauthorized Access

You are responsible for maintaining the confidentiality of your login credentials. You agree to immediately notify EightFund of any unauthorized use or suspected breach. EightFund is not liable for any loss resulting from unauthorized access to your account caused by your failure to safeguard your credentials.

3.7 Geographic Restrictions

EightFund is registered in England and Wales. We make no claims that the Platform or any of its content is accessible or appropriate in all jurisdictions. The Platform is not available to residents or citizens of jurisdictions subject to comprehensive sanctions by OFAC, the United Nations, or the European Union, including but not limited to: Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions. EightFund reserves the right to update the list of restricted jurisdictions at any time without prior notice.

If you access the Platform from outside of England and Wales, you do so on your own initiative and are responsible for compliance with local laws. Use of VPNs or any other means to circumvent geographical restrictions is strictly prohibited and will result in immediate account termination and forfeiture of all balances.

4. Evaluation Programs and Challenge Structure

4.1 Overview

EightFund offers simulated evaluation programs ("Challenges") designed to assess a Participant's trading skill, risk management, and consistency within a simulated environment. Challenges are available in two formats: a One-Phase evaluation and a Two-Phase evaluation. Upon successful completion, the Participant qualifies for a Funded Account.

4.2 Account Sizes and Pricing

All fees are denominated in US Dollars. Payment may be made in cryptocurrency (USDT, BTC, ETH) or other methods as made available on the Platform. Fees are subject to change; the fee applicable at the time of purchase will be honored.

4.3 One-Phase Challenge

Upon successful completion, the Participant qualifies directly for a Funded Account with the same drawdown parameters (6% maximum drawdown, 3% daily drawdown).

4.4 Two-Phase Challenge

Phase 1 — Evaluation

Phase 2 — Verification

Upon successful completion of both phases, the Participant qualifies for a Funded Account with the same drawdown parameters (8% maximum drawdown, 5% daily drawdown).

4.5 Drawdown Calculation Rules

Maximum Drawdown (Static): The Maximum Drawdown limit is calculated as a fixed percentage of the initial account balance. It does NOT trail upward with profits. For example, a $10,000 One-Phase account has a 6% Maximum Drawdown, meaning the account equity must never fall below $9,400 at any point, regardless of accumulated profits.

Daily Drawdown (Resetting): The Daily Drawdown limit is recalculated at 00:00 UTC each day based on the higher of: (a) the account balance at 00:00 UTC, or (b) the highest equity reached during the current trading day. The Daily Drawdown percentage is applied to this value. If the account equity falls below this calculated limit at any point during the trading day, the account is considered breached.

Breach Consequences: If either the Maximum Drawdown or Daily Drawdown limit is breached, all open positions will be automatically closed, and the Challenge or Funded Account will be immediately terminated. For Challenges, the Participant may purchase a new Challenge. For Funded Accounts, the account will be permanently closed.

4.6 Phase Transition

Upon meeting all Phase 1 objectives in a Two-Phase Challenge, the Participant will be transitioned to Phase 2 within 24 hours. The Phase 2 account will have the same initial balance as the purchased Challenge size. Upon completing Phase 2, a Funded Account will be provisioned within 48 hours.

4.7 Available Markets

The Platform offers simulated trading in cryptocurrency pairs (e.g., BTC/USDT, ETH/USDT), forex pairs (e.g., EUR/USD, GBP/USD), and metals (e.g., XAU/USD, XAG/USD). The list of available trading instruments is subject to change without prior notice.

5. Funded Accounts and Payout Awards

5.1 Funded Account Parameters

Upon successful completion of a Challenge, the Participant is granted access to a Funded Account within the simulated environment. Funded Accounts are not investment accounts, brokerage accounts, or bank accounts. Any reference to "funding," "capital," or "balance" refers exclusively to virtual, simulated values within the Platform and does not represent real money, assets, or financial instruments of any kind.

Funded Account drawdown parameters match those of the evaluation path completed by the Participant.

5.2 Profit Split and Scaling

Participants receive a share of simulated profits generated on their Funded Account. The profit split percentage increases based on the number of successful payout awards. The profit split is calculated on the net profit of each payout award cycle. Each payout award cycle begins fresh from the account balance at the start of the cycle.

5.3 Challenge Fee Refund

Upon successful completion of the 4th payout award from a Funded Account, EightFund will refund the original Challenge fee to the Participant. The refund will be included as an addition to the 4th payout award amount. This refund applies only to the original Challenge fee and does not include any Add-on fees or promotional adjustments.

5.4 Proof of Eligibility and Discretionary Review

Before receiving any payout award from EightFund, EightFund shall require that you provide documentation or proof of eligibility and compliance, including completed KYC verification. EightFund further reserves the right to conduct a comprehensive review of your trading activity, including but not limited to trade patterns, risk metrics, strategy consistency, IP address logs, device fingerprints, and behavioral analytics.

If you fail to provide requested documentation, or if EightFund otherwise determines in its sole discretion that you do not meet the eligibility requirements, or are not in compliance with the agreements, or that your trading activity exhibits patterns inconsistent with legitimate manual trading, EightFund reserves the right to:

• Terminate your account and withhold or revoke the awarding of any payout awards;
• Invalidate any or all simulated trading results;
• Deny current and future payout award requests;
• Require additional verification or review periods.

Internal Review: If a payout award is denied, EightFund will provide a summary of the reason(s) for denial. You may submit a written request for internal review to legal@eightfund.trade within fourteen (14) calendar days of the denial notification. The review will be conducted by a member of EightFund's compliance team who was not involved in the original decision. EightFund will use reasonable efforts to respond within thirty (30) calendar days. The outcome of the internal review constitutes EightFund's final position on the matter. This internal review process does not limit or waive your statutory rights under applicable law.

5.5 Withdrawals

You may withdraw awards by using the "withdrawal" option on the Platform. To do so, all open positions must be closed, the 5% profit target for the current cycle must be reached, a minimum of 5 Trading Days must have been completed in the current cycle, and at least 14 calendar days must have elapsed since the first trade on the Funded Account (applies to the first payout award only, unless a relevant Add-on was purchased).

Withdrawal requests may be made in USDT (TRC-20 or ERC-20), USDC, Bitcoin, or Ethereum. Cryptocurrency payments shall be processed within 7 business days to the wallet address you provide. Payout awards to be paid in cryptocurrency shall be based on the then-current exchange rate. If you provide incorrect wallet information and the payment has been made, the payment will be deemed forfeited by you due to the provision of incorrect account information.

EightFund is not liable for any incorrect money transactions in case you have provided wrong wallet information. Failure to comply with withdrawal requirements may result in disqualification and forfeiture of any payout award.

5.6 Reservation of Distribution

In the event that the awarding of any payout award is challenged by any legal authority, EightFund reserves the right in its sole discretion to determine whether or not to distribute the payout award.

5.7 Taxes

All taxes associated with the receipt of any payout award are your sole responsibility. You are responsible for reporting all income in accordance with the laws of your jurisdiction of residence. EightFund does not provide tax advice and does not withhold taxes on behalf of Participants.

5.8 Scaling Plan

Participants who demonstrate consistent profitability may be eligible for account balance increases under the EightFund Scaling Plan. Eligibility criteria and scaling amounts are determined at EightFund's sole discretion and may be updated from time to time. Details of the current Scaling Plan are available on the Platform.

6. Fees, Payments, and Refund Policy

6.1 Fee Structure and Disclosure

By registering for the Platform, you agree to pay all applicable fees associated with your selected evaluation program. Fees are clearly disclosed prior to purchase and are denominated in U.S. Dollars (USD), unless otherwise stated. Fees may vary depending on the evaluation type selected (One-Phase or Two-Phase), account size, or promotional pricing.

6.2 No Refund Policy

ALL FEES PAID TO EIGHTFUND ARE NON-REFUNDABLE UNDER ANY CIRCUMSTANCE, including but not limited to:

• Failure to complete or pass an evaluation module;
• Voluntary cancellation of your account;
• Disqualification for breach of the Terms or ESPA;
• Dissatisfaction with Platform tools, simulations, results, or updates;
• Inability to access services due to failed KYC verification or geographic restriction.

You acknowledge and agree that once your access to the Platform has been activated, the educational services are deemed fully delivered, and no refunds, chargebacks, or reversals shall be issued or honored. The only exception is the performance-based Challenge Fee Refund described in Section 5.3. This no-refund policy does not affect any statutory rights you may have under the Consumer Rights Act 2015 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 where applicable.

6.3 Charge Authorization

By submitting payment information, you authorize EightFund and its third-party payment processors to charge your designated payment method for all applicable fees. You represent and warrant that:

• You are authorized to use the payment method provided;
• You will not initiate any chargeback or reversal unless unauthorized use has occurred;
• You understand and agree that attempted reversals may result in permanent account termination, legal enforcement, and data invalidation.

6.4 Chargebacks and Billing Disputes

All billing concerns or disputes must be directed to support@eightfund.trade prior to initiating a chargeback through your payment provider. Filing a chargeback without first attempting to resolve the issue with EightFund is a material breach of this Agreement. You agree that EightFund may present these Terms and your transaction history as evidence in any billing dispute. In such cases, EightFund reserves the right to immediately terminate all associated accounts, forfeit all balances and pending payout awards, permanently ban the Participant, and pursue recovery of the disputed amount plus any associated fees and costs.

6.5 Modification of Fees

EightFund reserves the right to change its fee structure at any time. Such changes will apply prospectively and will not affect payments already received.

7. Evolving Platform and Data Feeds

7.1 Community-Driven Development

The EightFund Platform operates on a community-informed model that evolves based on collective data inputs, performance patterns, and behavioral analytics generated by its global user base.

7.2 No Guarantee of Feature Continuity

You acknowledge and agree that EightFund may modify, update, suspend, or discontinue any feature, module, evaluation structure, dashboard interface, trading simulator, or performance metric. EightFund will use reasonable efforts to provide at least fourteen (14) calendar days' notice of material changes that significantly affect active Challenges or Funded Accounts. However, EightFund reserves the right to make immediate changes without notice where required for security, legal compliance, data feed integrity, or prevention of platform abuse.

7.3 Synthetic, Proprietary, and Licensed Data Feeds

EightFund reserves the right to use a combination of proprietary, licensed, synthetic, delayed, anonymized, or emulated data feeds for purposes of simulation. Price data displayed on the Platform is sourced from third-party providers. You acknowledge that:

• EightFund is not obligated to replicate real-time market feeds;
• Data feeds may change without notice based on cost, licensing terms, strategic shifts, or platform integrity goals;
• Any simulation-based outcome may be impacted by such changes, and shall not be interpreted as indicative of real-world tradeability;
• No warranty is made regarding the accuracy, timeliness, or completeness of data feeds.

7.4 No Grandfathering or Legacy Rights

You agree that access to any Platform feature is not permanent and may be removed or replaced at EightFund's discretion. Changes will apply prospectively unless otherwise required for security, legal compliance, or platform integrity. No user shall have a vested claim to prior functionality, pricing, payout award structure, or simulation logic. EightFund will use reasonable efforts to honour the terms applicable to active Challenges and Funded Accounts at the time of their purchase or activation.

8. Community Data and Performance Licensing

8.1 Data Generation and Participation

By using the Platform, you acknowledge and agree that all user actions — including but not limited to trading simulations, strategy selection, behavioral inputs, decision timing, and outcome tracking — may be captured as part of the Platform's data framework. This data is used to enhance evaluation standards, optimize the Platform, and inform EightFund's modeling strategies.

8.2 License Grant to EightFund

Participant grants EightFund an irrevocable, perpetual, worldwide, royalty-free, transferable, and sublicensable license to access, analyze, aggregate, derive, commercialize, and otherwise use any and all data generated through Participant's use of the Platform, without further notice or consent. This includes use for:

• Performance benchmarking;
• Community analytics and trends;
• Algorithmic testing and modeling;
• Educational content development;
• Licensing for internal or external applications.

8.3 No Expectation of Compensation

Submission of data through the Platform does not entitle the Participant to compensation, revenue share, performance royalties, or attribution of any kind unless otherwise explicitly agreed to in writing. Participant waives any right to assert ownership, residuals, or unjust enrichment claims based on their data contributions.

8.4 Data Integrity and Eligibility for Rewards

EightFund reserves the right to assess the integrity, consistency, and originality of submitted performance data. EightFund may employ automated systems, statistical analysis, artificial intelligence, and manual review to detect irregularities. Data found to be generated through manipulation, automation abuse, collusion, exploitation of platform mechanics, use of third-party services, or gaming of Platform features will be invalidated and may result in immediate account termination and forfeiture of all pending payout awards.

9. Prohibited Conduct

9.1 Prohibited Activities

To preserve the integrity, educational purpose, and operational reliability of the Platform, you agree not to engage in any of the following activities:

• Using bots, scripts, crawlers, automation software, or AI agents to interact with or manipulate the Platform without express written authorization;
• Circumventing, bypassing, or exploiting evaluation parameters, reward systems, drawdown thresholds, or simulation logic;
• Misrepresenting your identity, location, credentials, or intent to gain access or advantage;
• Creating multiple accounts without prior written authorization from EightFund;
• Sharing, selling, or transferring your account credentials to any third party;
• Attempting to reverse-engineer, decompile, or disassemble any part of the Platform;
• Uploading, transmitting, or deploying any malware, viruses, or malicious code;
• Posting, publishing, or sharing defamatory, misleading, or harmful content about EightFund;
• Using the Platform in any manner that violates applicable law, regulation, or EightFund's internal policies;
• Hedging between multiple EightFund accounts (opening opposing positions on the same instrument across accounts);
• Using third-party "pass your challenge" services or account management by third parties;
• Exploiting platform errors, price delays, latency arbitrage, or data feed irregularities;
• Executing trades with holding times consistently under 60 seconds designed to exploit micro price movements or platform latency;
• Copy trading from external sources where you do not control the strategy;
• Coordinated trading or collaboration with other Participants to manipulate outcomes across accounts;
• Using VPNs, proxies, or other tools to disguise your location to circumvent geographical restrictions.

9.2 Investigations and Enforcement

EightFund reserves the right to investigate any suspected or alleged violation of these Terms. Investigations may include review of your account activity, data logs, communications, IP addresses, device fingerprints, and associated identifiers. EightFund may, at its sole discretion:

• Suspend or terminate your account;
• Invalidate your performance data and deny any pending or future rewards;
• Take legal action or refer the matter to regulatory or law enforcement agencies;
• Seek damages, injunctive relief, or any other remedies permitted by law.

Decisions made by EightFund under this section are final subject to the internal review process described in Section 5.4. The burden of demonstrating compliance with these Terms rests with the Participant.

9.3 Non-Circumvention

You agree not to attempt to access the Platform or participate under a different name or account following termination or suspension. Any such attempt shall constitute a material breach and may result in legal action.

9.4 Platform Abuse Reporting

If you become aware of any prohibited conduct or security vulnerabilities, you agree to report such information promptly to security@eightfund.trade. Good-faith reports will be kept confidential to the extent permitted by law.

10. Intellectual Property

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by EightFund, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform.

11. Indemnification, Disclaimers, and Limitation of Liability

11.1 Indemnification

You agree to defend, indemnify, and hold harmless EightFund, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Platform.

11.2 Platform "As-Is" Disclaimer

The Platform, including all content, modules, data feeds, evaluations, simulations, dashboards, and features, is provided on an "as-is" and "as-available" basis without warranties of any kind, express or implied. To the maximum extent permitted by applicable law, EightFund disclaims all warranties, whether statutory, express, or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Any warranties regarding uptime, reliability, performance, or system availability;
• Any warranty that the Platform will be error-free, secure, uninterrupted, or produce any particular outcome.

Nothing in these Terms shall exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. If you are a consumer in the United Kingdom, you have legal rights under the Consumer Rights Act 2015 that are not affected by this Section.

11.3 Educational Use Risk Assumption

Participant acknowledges and agrees that use of the Platform is at their sole risk. EightFund does not warrant that use of simulated trading environments or community analytics will lead to improved skills, real-world opportunities, or replicable outcomes. All use is voluntary and educational in nature.

11.4 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EIGHTFUND OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PLATFORM.

11.5 Liability Cap

EIGHTFUND'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM UNDER THESE TERMS OR RELATED TO YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO EIGHTFUND IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

Statutory Exceptions: Nothing in these Terms excludes or limits EightFund's liability for: (i) death or personal injury caused by EightFund's negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited under applicable law, including the Consumer Rights Act 2015.

12. Termination and Suspension

12.1 Termination by Participant

You may terminate your account and cease use of the Platform at any time by submitting a written request to support@eightfund.trade. Termination shall not entitle you to any refund of fees paid, nor shall it affect EightFund's rights with respect to previously generated data, account activity, or simulation records.

12.2 Termination by EightFund

EightFund may suspend or terminate your access to the Platform, with or without notice, at its sole discretion, for any reason including but not limited to:

• Violation of these Terms, the ESPA, or any applicable law;
• Fraudulent, abusive, or manipulative behavior;
• Non-cooperation with KYC/AML verification procedures;
• Prolonged account inactivity (30+ consecutive calendar days without trading activity);
• Conduct deemed to damage EightFund's operations, reputation, or legal standing.

12.3 Effects of Termination

Upon termination, your access to the Platform will be revoked, and your simulation progress, account settings, and historical activity may be permanently deleted. EightFund reserves the right to retain anonymized or de-identified data for analytics, compliance, or auditing purposes. In the event of termination for cause, the Participant forfeits all active Challenges, Funded Accounts, pending payout awards, and any other benefits.

12.4 No Waiver of Rights

Termination shall not waive or release either party's accrued obligations or liabilities arising prior to the date of termination, including payment obligations, indemnification duties, or rights under any applicable data license.

12.5 Reinstatement

Reinstatement of a terminated account is not guaranteed. EightFund may, in its sole discretion, consider requests for reinstatement and may impose additional conditions including re-verification, additional fees, or limited functionality.

13. Consent to Communication

13.1 Operational Communications

By registering for and using the Platform, you consent to receive transactional and administrative communications from EightFund via email, Telegram, mobile push notifications, or in-app alerts. These communications may include notifications about account activity, system changes, security alerts, and other service-related matters.

13.2 Marketing Communications

You also consent to receive promotional materials, offers, updates, and newsletters from EightFund via electronic channels. You may opt out of non-essential promotional communications at any time by contacting support@eightfund.trade. Opting out does not affect your receipt of essential service notifications.

14. Affiliate Program

EightFund operates an affiliate (referral) program that allows Participants to earn commissions for referring new customers. The Affiliate Program is governed by a separate Affiliate Agreement, available on the Platform. Affiliate commissions range from 10% to 30% of referred Challenge purchases, as determined by the applicable Affiliate tier. Affiliates must not make false, misleading, or exaggerated claims about EightFund, its services, or potential earnings. EightFund reserves the right to modify, suspend, or terminate the Affiliate Program at any time. Affiliate activity is subject to all provisions of these Terms, including prohibited activities.

15. Incorporation of ESPA and Privacy Policy

15.1 Binding Incorporation by Reference

Your access to and use of the Platform is governed not only by these Terms of Service, but also by the EightFund Educational Simulation Participant Agreement ("ESPA") and the EightFund Privacy Policy, both of which are hereby incorporated by reference as if fully set forth herein.

15.2 Governing Hierarchy

In the event of a conflict or inconsistency between the ESPA and these Terms, the provisions of the ESPA shall govern and control. In the event of a conflict between the Privacy Policy and these Terms, the Privacy Policy shall govern solely with respect to data protection, privacy rights, and data handling practices.

15.3 Availability and Updates

The ESPA and Privacy Policy are made available through the Platform and are subject to change in accordance with their respective terms. You are responsible for reviewing all such documents regularly.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms, and any dispute, claim, or controversy arising out of or related to them or the Platform, shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflicts of law principles.

16.2 Arbitration Agreement

Any dispute, claim, or controversy between you and EightFund arising out of or relating to these Terms or your use of the Platform may be resolved by binding arbitration administered in London, England, in accordance with the London Court of International Arbitration (LCIA) Rules, if both parties agree to arbitrate. The arbitration shall be conducted in the English language.

Nothing in this Section shall prevent either party from seeking relief through the courts of England and Wales. If you are a consumer resident in the European Union or the United Kingdom, you retain the right to bring claims in the courts of your country of habitual residence.

16.3 Arbitration Opt-Out

You may elect to reject the agreement to arbitrate by sending a written opt-out notice to legal@eightfund.trade within thirty (30) days following the date you first agree to these Terms.

16.4 Venue and Forum

The exclusive venue for arbitration shall be London, England. If arbitration is not enforceable under applicable law, the parties irrevocably submit to the exclusive jurisdiction and venue of the courts of England and Wales.

16.5 Waiver of Class and Jury Rights

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT: (A) ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING; (B) YOU WAIVE ANY RIGHT TO A TRIAL BY JURY WHERE SUCH WAIVER IS PERMITTED BY LAW.

This waiver does not apply to the extent prohibited by the laws of your jurisdiction of residence.

16.6 Injunctive and Equitable Relief

Notwithstanding anything to the contrary, EightFund shall have the right to seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened unauthorized use, disclosure, or violation of its intellectual property, confidential information, or platform integrity.

17. Assumption of Risk and Release of Claims

17.1 Voluntary Participation

You acknowledge that your participation in the Platform is entirely voluntary. You are under no obligation to register, purchase a Challenge, or continue using the Platform at any time. You may cease participation at any time by closing your account.

17.2 Assumption of Risk

You expressly assume all risks associated with your use of the Platform, including but not limited to:

• The risk that simulated results will not translate to real-world trading performance;
• The risk of losing your Challenge fee due to failure to meet evaluation objectives;
• The risk that EightFund may modify, suspend, or discontinue any feature, evaluation structure, payout award policy, or the Platform itself;
• The risk that payout awards may be withheld, denied, or revoked at EightFund's sole discretion;
• The risk of data loss, service interruptions, or technical errors;
• The risk that applicable laws, regulations, or enforcement actions may affect EightFund's ability to operate or distribute payout awards.

17.3 Release of Claims

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND DISCHARGE EIGHTFUND, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, OR EXPENSES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

• Your use of or inability to use the Platform;
• Any payout award decision, including denial, reduction, delay, or revocation;
• Any modification, suspension, or termination of the Platform or its features;
• Any reliance on simulated results, data feeds, or Platform content;
• Any interaction with other Participants or third parties through the Platform.

Statutory Rights Preserved: Nothing in this Section is intended to exclude or limit any liability that cannot be excluded or limited under applicable law, including but not limited to liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

17.4 Acknowledgment

You acknowledge that you have read and understood this Section 17, that the releases and waivers contained herein are given knowingly and voluntarily, and that you have had the opportunity to seek independent legal advice before agreeing to these Terms.

18. Participant Acknowledgments

By accessing, registering for, or using the Platform, you expressly acknowledge, confirm, and agree to each of the following:

• You have read, understood, and agree to be bound by these Terms of Service, the ESPA, and the Privacy Policy in their entirety;
• You understand that the Platform provides a simulated trading environment for educational and skill-assessment purposes only, and that no real financial transactions occur on the Platform;
• You understand that all payout awards are discretionary, not guaranteed, and may be withheld, denied, or revoked by EightFund at its sole discretion;
• You understand that EightFund is not a broker, exchange, investment advisor, or regulated financial entity;
• You understand that EightFund owes no fiduciary duty to you;
• You understand that Challenge fees are non-refundable and that the educational service is deemed fully delivered upon account activation;
• You understand that your performance data is licensed to EightFund on an irrevocable, perpetual, royalty-free basis;
• You understand that EightFund's risk and compliance decisions are final, binding, and non-appealable;
• You understand that the use of VPNs, multiple accounts, third-party trading services, or any form of platform manipulation will result in immediate termination and forfeiture;
• You have had the opportunity to consult with independent legal counsel before agreeing to these Terms;
• You are of legal age in your jurisdiction and have the full capacity and authority to enter into this agreement;
• You accept full responsibility for any tax obligations arising from payout awards received through the Platform.

IF YOU DO NOT AGREE WITH ANY OF THE ABOVE ACKNOWLEDGMENTS, YOU MUST IMMEDIATELY CEASE USE OF THE PLATFORM AND CONTACT SUPPORT@EIGHTFUND.TRADE TO CLOSE YOUR ACCOUNT.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable ESPA, constitute the full and complete agreement between you and EightFund with respect to the subject matter herein and supersede all prior and contemporaneous agreements.

19.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable or severed from these Terms entirely, and the remainder shall remain in full force and effect.

19.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without EightFund's prior written consent. EightFund may assign this Agreement freely, in whole or in part, including in connection with a merger, acquisition, or corporate restructuring.

19.4 Force Majeure

EightFund shall not be liable for any failure or delay in performance arising from acts beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, cyberattacks, labor disputes, data outages, governmental actions, or interruptions in third-party services.

19.5 Waiver

No failure or delay by EightFund in enforcing any provision of these Terms shall be construed as a waiver of its right to enforce such provision or any other provision in the future.

19.6 Relationship of the Parties

Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and EightFund. You agree that you are an independent participant and not an employee or representative of EightFund.

19.7 Headings and Interpretation

Section headings are for convenience only and shall not affect the meaning or interpretation of any part of these Terms.

19.8 Survival

Any provisions of these Terms that by their nature should survive termination, including but not limited to Sections on indemnification, limitations of liability, license grants, dispute resolution, release of claims, and confidentiality, shall so survive.

19.9 No Third-Party Beneficiaries

These Terms are for the sole benefit of EightFund and the Participant. Nothing in these Terms is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy.

19.10 Limitation Period

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES.

19.11 Notices

All notices from EightFund to Participants may be delivered via email, Telegram, in-app notifications, or by posting on the Platform. All notices from Participants to EightFund must be sent to the email addresses specified in Section 20.

19.12 Governing Language

These Terms are drafted in the English language. In the event of any conflict between the English language version of these Terms and any translation, the English language version shall prevail and govern.

20. Contact Information

If you have any questions about these Terms, please contact us at:

• Legal inquiries: legal@eightfund.trade
• General support: support@eightfund.trade
• Security reports: security@eightfund.trade

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