The agreement between you and Black Ops Funding.
These Terms of Service govern your use of Black Ops Funding ("we", "us", the "Company") and the evaluation and funded-account programs we operate. By registering an account, purchasing an evaluation, or using any part of the platform, you agree to be bound by them.
If you do not agree, do not register or purchase.
Black Ops Funding provides access to simulated trading accounts for the purpose of evaluating trading skill.
You should understand clearly:
Payments you make are fees for access to an evaluation service. They are not deposits, are not held in trust, and are not returnable except as described in the Refunds section.
To use the platform you must:
We may refuse service, or withdraw it, where we believe any of the above is not met.
You are responsible for the accuracy of the information you register with, and for keeping your credentials secure. One person may hold one identity on the platform.
You may not share an account, trade on someone else's behalf, or allow another person to trade yours. Accounts found to be shared may be closed without refund.
Each plan has published rules: a profit target, a maximum loss, a daily loss limit, a contract limit and a minimum number of trading days. Those rules are shown before purchase and in your dashboard, and they form part of this agreement.
Key points:
We may correct errors in rule calculation. Where a correction favours you, we will apply it; where an account was ended in error, we will restore it.
Simulated fills are an approximation of live market behaviour. Fills, slippage, latency and available liquidity may differ from a live exchange.
You may not use strategies that depend on the account being simulated. This includes but is not limited to latency arbitrage, exploiting stale or delayed quotes, quote stuffing, and any strategy whose profitability relies on fills that would not be achievable in a live market.
We may void trades, and end an account, where we reasonably determine such a strategy has been used.
Evaluation fees are one-time charges. There is no recurring subscription and no activation fee on passing.
A breached account may be reset for a fee, where the plan permits it. A reset restores the account to its starting balance and clears its trading history.
Refunds. Because access to the evaluation and its associated market data is provided immediately on purchase, fees are generally non-refundable once the trading account has been created. We will refund in full where:
Refund requests should be sent to support within 14 days of purchase.
Passing an evaluation makes you eligible for a funded account. Funded accounts are also simulated.
Where you generate profit on a funded account, you may request a payout of your share, as stated in your plan's profit split. The remainder is retained by the Company.
Profit is not a debt owed to you until a payout request has been approved. We may decline a request as set out below.
Before your first payout you must complete:
We cannot release funds to an unverified identity, and we are required to collect tax documentation before paying US persons. Requests are reviewed within two business days.
We may decline or delay a payout where:
You are responsible for any tax arising on amounts paid to you. Where required, we will issue the appropriate tax reporting.
The following will result in an account being closed, and may forfeit any unpaid profit share:
Where conduct under this section is found after a payout has been made, we reserve the right to recover the amount paid.
We may suspend or close an account where we reasonably believe these Terms have been breached, where required by law, or where continuing would expose us to legal or financial risk.
You may close your account at any time by contacting support. Closing an account does not entitle you to a refund of fees already paid.
We aim to keep the platform available continuously but do not guarantee it. Access may be interrupted by maintenance, third-party outages including our broker and data providers, or events outside our control.
We are not liable for trading outcomes arising from an interruption, and an interruption does not extend or suspend the rules attached to your account. Where an outage is material and attributable to us, we may at our discretion reset or extend affected accounts.
The platform, its content, branding and software are owned by the Company. You may not copy, reproduce or redistribute any part of it without written permission.
Data relating to your own trading remains available to you through your dashboard.
The platform is provided "as is". To the fullest extent permitted by law we disclaim all warranties, express or implied, including fitness for a particular purpose and uninterrupted availability.
Trading involves risk. Simulated performance does not indicate future results, and nothing here should be taken as a representation that you will pass an evaluation, receive a funded account, or earn anything at all.
To the fullest extent permitted by law, our total liability to you for any claim arising out of or relating to this agreement is limited to the total fees you have paid to us in the twelve months preceding the claim.
We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost opportunity or lost data, whether or not we were advised such damages were possible.
Nothing in these Terms excludes liability that cannot lawfully be excluded.
You agree to indemnify the Company against any claim, loss or expense arising from your breach of these Terms, your misuse of the platform, or your violation of any law or third-party right.
We may revise these Terms. The current version and its effective date are always published on this page, and previous versions are retained.
Where a change materially affects your rights, we will notify you by email and, where appropriate, ask you to accept the revised Terms before continuing to use the platform. Continued use after the effective date constitutes acceptance.
These Terms are governed by the laws of the State of Michigan, United States, without regard to its conflict of law rules.
Before commencing formal proceedings, you agree to contact us and attempt in good faith to resolve the dispute informally for a period of thirty days.
If any provision is found unenforceable, the remainder continues in effect. Our failure to enforce a provision is not a waiver of it. You may not assign this agreement; we may assign it to a successor in connection with a merger or sale of the business.
Questions about these Terms should go to support@blackopsfunding.com.
