Terms and Conditions

DeiFunded Terms and Conditions

These Terms and Conditions (T&Cs) set forth the legal obligations and rights pertaining to the use of our services (the “Services”) offered by DeiFunded Pty Ltd, primarily accessible via the website https://deifunded.com/ (the “Website”). We encourage you to read these T&Cs thoroughly. Should you disagree with, or not fully comprehend, any part of these Terms and Conditions it is advisable not to utilise Our Services and you are under no obligation to do so.

1. Introduction
   1. These T&Cs govern your (“you”, “your”, or the “Customer”) rights and obligations in connection with the use of the Services provided by DeiFunded.
   2. By initiating registration on the Website, or upon first accessing the Services where no registration is required, you enter a binding agreement with the Provider to avail of the chosen Services. These T&Cs are an integral component of this agreement, and by accepting the agreement with the Provider, you signify your acceptance of these T&Cs.
   3. Our Services are explicitly designed for individuals over the age of 18 residing in countries where these Services are available. By registering, you confirm that you meet this age requirement. If you are below 18, you are not eligible to use the Services. You commit to accessing the Services only from countries where they are permitted, and you acknowledge the possibility of certain legal restrictions or prohibitions in some jurisdictions.
   4. The Provider will not offer Services to any Customer who: (i) holds nationality or resides in Restricted Jurisdictions; (ii) is established, incorporated, or has a registered office in Restricted Jurisdictions; (iii) falls under relevant international sanctions; or (iv) has been convicted of financial crimes or terrorism-related offences. Restricted Jurisdictions refer to countries identified as such by the Provider and listed on the Website. The Provider reserves the right to deny, limit, or discontinue any Services to such Customers, which includes access to the Client Section and/or Trading Platform.
   5. The Services consist of the provision of tools for simulated foreign exchange trading on the FOREX market or simulated trading with other instruments on other financial markets, provision of analytical tools, training and educational materials, the access to the challenge portal, and other ancillary services, in particular through the challenge portal or by the provision of access to applications provided by the Provider or third parties. Financial market information is used in the simulated trading; however, you acknowledge that any trading that you perform through the Services is not real. You also acknowledge that the funds provided to you for demo trading are fictitious and that you have no right to possess those fictitious funds beyond the scope of their use within the Services, and in particular that they may not be used for any actual trading and that you are not entitled to the payment of those funds. Unless expressly agreed otherwise, you will not be paid any remuneration or profits based on the results of your simulated trading, nor will you be required to pay any losses.
   6. None of the services provided to you by the provider can be considered investment services in accordance with applicable laws. The provider does not give or provide to you any guidance, instructions, or information about how or in which manner you should perform transactions when using the services or otherwise, or any other similar information about the investment tools traded, nor does the provider accept any such guidance, instructions, or information from you. None of the services constitute investment advice or recommendations. No employees, staff, or representatives of the provider are authorised to provide investment advice or recommendations. Should any information or statement of any employee, staff, or representatives of the provider be interpreted as investment advice or recommendations, the provider explicitly disclaims that the same is investment advice or recommendations and shall not be responsible for them.

2. Our Services
   1. You may request the Services via the DeiFunded Website by completing the relevant registration or order form. Upon registration, DeiFunded will send you the login credentials for the Client Section and/or Trading Platform, granting you access.
   2. Our Services encompass a variety of offerings, including the DeiFunded Challenge, and Verification stages, each differing in the range of available Services (e.g., access to specific analytical tools). The DeiFunded Challenge allows you to experience a subset of our Services for a limited period without charge. Completion of the DeiFunded Trial does not grant access to other Services.
   3. It is crucial that all information you provide through the registration or order form, within the Client Section, or in any other manner, is complete, accurate, and current. You are obliged to promptly inform us of any changes to your details or update them in the Client Section. Responsibility for the accuracy and currency of all submitted data rests with you, and DeiFunded is not required to verify this information.
   4. If you provide an identification or tax number, or indicate your status as a legal entity during registration or within the Client Section, you will be regarded as a business entity in the context of these T&Cs and when using our Services. Thus, consumer rights outlined in these T&Cs or applicable law may not apply to you.
   5. The fee for the DeiFunded Challenge varies based on the selected option and depends on factors like initial capital, risk tolerance, and the criteria to be met for the Challenge and subsequent Verification, among other factors. Detailed information about different options and associated fees is available on our Website. The final fee is determined when you select an option on the order form for the DeiFunded Challenge. DeiFunded retains the right to offer Services under individually negotiated conditions, which are determined at our discretion. Individual discounts and benefits cannot be combined unless explicitly stated otherwise by DeiFunded.
   6. The fee is charged for access to the DeiFunded Challenge and the Services it encompasses. The Customer is not eligible for a refund of the fee, for instance, if they cancel their Client Section, request cancellation via email, terminate use of the Services or the contract (e.g., by not completing the Trading Challenge or Verification), fail to meet the Challenge or Verification conditions, or violate these T&Cs.
   7. In cases where the Customer unjustly disputes the fee paid with their bank or payment service provider (such as through chargeback or dispute services), resulting in a request for annulment, cancellation, or refund of the fee or any part thereof, DeiFunded reserves the right to cease providing any services and refuse future service provision at its discretion.
   8. 2.8. The choice of the DeiFunded Challenge option made during your order will also apply to the subsequent Verification. You will commence the Verification, and any related products, with the same parameters and currency as chosen for the Trading Challenge. Once a selection is made, it cannot be altered. This restriction does not apply to new orders of the DeiFunded Challenge.
   9. DeiFunded reserves the right to unilaterally modify the fees and parameters of the Services at any time, including the criteria for successful completion. These changes will not affect Services purchased prior to the announcement of the changes.
   10. Any data entered on the order form can be reviewed, corrected, and amended until the Services are bindingly ordered. The order is placed by submitting the form. DeiFunded will immediately confirm receipt of your order via email. For the Free Trial, the contract is formed when the email confirmation is sent. For the DeiFunded Challenge, the contract is executed upon fee payment for the chosen option. The contract is concluded in English and stored electronically by DeiFunded, without public access.
   11. To use our Services, appropriate technical equipment and software, including third-party software (e.g., for the Trading Platform), are required at your own risk and expense. The Website is compatible with common web browsers. The costs for internet access, equipment, and browser purchases and updates are your responsibility. DeiFunded does not guarantee compatibility with specific equipment or software and does not impose additional fees for internet connectivity.
   12. You acknowledge that trading platform operators are distinct from DeiFunded and their own terms and conditions, and privacy policies apply when you use their services and products. You must read these terms and privacy policies before submitting an order form.
   13. If DeiFunded observes an unusually high volume of Service orders from a Customer within a short timeframe, we may issue a notice via the Client Section as a protective measure against potential harmful activities. Continuation of such behaviour after notice may lead to suspension of further Service orders. If such behaviour is related to Forbidden Trading Practices as outlined in Section 5 of these T&Cs, DeiFunded reserves the right to take appropriate actions. DeiFunded, at its discretion, will define what constitutes unusual behaviour and establish reasonable limits for this determination.
3. Payments
   1. The fees for the DeiFunded Challenge options are listed in USD. The fee may also be paid in other currencies displayed on the Website. If you  pay with a currency other than USD, the fee for your selected Trading Challenge option will be converted using our exchange rates. This conversion will be clearly shown in your chosen currency before you confirm the order, ensuring you are aware of the exact payment amount. The Customer acknowledges that payments made in a different currency from the one selected on the Website will be subject to the prevailing exchange rates at the time of the transaction.
   2. Service fees are comprehensive of all applicable taxes. If the Customer is conducting business as an entrepreneur, they are responsible for fulfilling all tax obligations related to the use of our Services as per relevant laws. This includes the payment of any applicable taxes or fees as required.
   3. Payment for the chosen DeiFunded Challenge can be made using a credit card, or other payment methods currently available on the Website.
   4. For payments made via credit card or any other instant payment method, the transaction will be processed immediately. The Customer is responsible for any fees charged by the chosen payment service provider (as per their current fee schedule) related to the transaction. It is the Customer’s responsibility to ensure that the fee for the selected Trading Challenge is paid in full.
4. Client portal / account dashboard
   1. Each Customer is entitled to only one Client Portal / Account Dashboard, and all Services availed by the Customer must be managed within this dashboard. This consolidation ensures streamlined access and management of all DeiFunded Services by the Customer.
   2. The aggregate number of DeiFunded Challenges and Verifications allowed per Client Portal / Account Dashboard might be subject to limitations. These limits are based on the cumulative initial capital amounts of the products the Customer has ordered or other specific parameters. Unless expressly permitted by DeiFunded, the initial capital amounts from different products cannot be transferred or merged. Additionally, you are prohibited from transferring or amalgamating your performance metrics, Service parameters, data, or any other relevant information across different products or services.
   3. Access to the DeiFunded Client Portal / Account Dashboard is secured through unique login credentials, which must not be disclosed or shared with any third party. If registered as a legal entity, the Customer may permit authorised employees and representatives to use the Services via the Client Portal / Account Dashboard. The Customer bears full responsibility for all activities conducted through their Client Portal / Account Dashboard or on the Trading Platform. DeiFunded assumes no liability, and no compensation is owed to the Customer, for any misuse of the Client Portal / Account Dashboard, Trading Platform, or any Service component, especially if such misuse arises due to the Customer’s actions.
   4. The Customer understands that Service availability is not guaranteed 24/7, particularly during periods of maintenance, updates, or for other reasons. DeiFunded is not liable, nor is any compensation due to the Customer, for any periods of unavailability of the Client Portal / Account Dashboard or Trading Platform, or for any loss or damage of data or other information uploaded, transmitted, or stored by the Customer through these platforms.
   5. Customers can request to cancel their Client Portal / Account Dashboard at any time by emailing support@deifunded.com. Submitting a cancellation request for the Client Portal / Account Dashboard will be treated as the Customer’s intention to terminate the contract, subsequently revoking their right to use any Services, including the Client Portal / Account Dashboard and Trading Platform. DeiFunded will promptly acknowledge receipt of this request via email, which will mark the termination of the contractual relationship between the Customer and DeiFunded. Following this termination, the Customer is not eligible for a refund of any fees paid or other incurred costs.
5. Rules of using a demo account
   1. During your demo trading on the Trading Platform, you are allowed to conduct various transactions, provided they do not fall under prohibited trading strategies or practices as outlined in clause 5.4. You also agree to adhere to standard market rules and best practices for trading on financial markets, including but not limited to risk management protocols. Additional restrictions may be imposed by the specific trading conditions of the Trading Platform you have chosen.
   2. You understand that DeiFunded has access to information regarding your demo trades on the Trading Platform. By using our Services, you consent to DeiFunded sharing this information with affiliated groups or entities and grant both DeiFunded and these entities the right to handle this information at their discretion. These actions may be conducted automatically without requiring further consent, consultation, or approval from you, and you acknowledge that you will not receive any remuneration or revenue from the use of this data by DeiFunded. It is acknowledged that your demo trading does not constitute investment advice or recommendations to DeiFunded. You also recognize your right to pause your demo trading at any point.
   3. DeiFunded is not responsible for the accuracy or reliability of the information displayed on the Trading Platform, nor for any interruptions, delays, or inaccuracies in the market information accessed through your Client Portal / Account Dashboard.
   4. Prohibited Trading Practices:
      1. While engaging in demo trading, the following practices are strictly forbidden:
         – Exploiting service errors, such as price display errors or delays in updates;
         – Using external or delayed data feeds for trades;
         – Manipulating trading, including using connected or different accounts to enter into opposite positions;
         – Violating the terms of DeiFunded or the Trading Platform;
         – Employing software, AI, ultra-high-speed, or mass data entry that manipulates or abuses our systems;
         – Engaging in gap trading close to major global events, macroeconomic announcements, or before prolonged market closures;
         – Any trading that contradicts standard financial market practices, causing potential harm to DeiFunded.
      2. As a DeiFunded Customer, you agree to use our Services for personal trading only. Therefore, you must not:
         – Allow third parties to access or trade on your DeiFunded accounts;
         – Share the same device or IP address across multiple user accounts
         – Hedge between different accounts whether in same name or different names
         – Access or manage accounts on behalf of others, whether as a professional service or not.

         Contradicting these terms will be deemed as engaging in Prohibited Trading Practices.

      3. Additionally, you must not exploit the Services by disregarding standard market risk management rules, including:
         – Opening disproportionately large or small positions compared to your usual trading patterns;
         – Engaging in trading behaviours that could be detrimental to DeiFunded’s financial or operational integrity.

         DeiFunded reserves the right to define what constitutes Prohibited Trading Practices.

5. If you engage in any Prohibited Trading Practices, DeiFunded may:
   1. Fail your participation in the relevant Trading Challenge or Verification;
   2. Remove violating trades from your history and disregard their results in demo trading profits/losses;
   3. Immediately cancel all Services and terminate your contract;
   4. Reduce the leverage offered on products to 1:5 across all your accounts.
6. If Prohibited Trading Practices are detected across multiple accounts or combined across different DeiFunded accounts, we reserve the right to cancel all Services and terminate all related contracts, applying measures as stated in Clause 5.5.
7. Engagement in Prohibited Trading Practices using any DeiFunded Trader accounts may breach the terms with third-party providers, potentially leading to the cancellation of such accounts and termination of respective agreements by the third-party provider.
8. Repeated engagement in practices outlined in clause 5.4, after prior notification from DeiFunded, may result in the prevention of access to all Services or specific parts, including the Client Portal / Account Dashboard, without compensation. In such cases, there is no entitlement to a refund of fees paid.
9. DeiFunded is not liable for any trading or investment activities conducted by you outside of our Services, such as using data or information from the Client Portal / Account Dashboard or Trading Platform in real-market trading. This holds even if you use the same Trading Platform for your actual trading as used in demo trading.
10. Market Volatility Warning: Financial market conditions are often subject to rapid and significant changes. Trading on financial markets may result in substantial losses and is not always profitable. Past performance in demo trading is not indicative of future results and should not be seen as a guarantee of future performance or profits.

6. Entering the DeiFunded Challenge and verification stages
   1. After remitting the fee for the chosen DeiFunded Challenge, the Customer will receive relevant login details for the Trading Platform via the email provided or through the Client Portal / Account Dashboard. The DeiFunded Challenge is activated by executing the first demo trade on the Trading Platform. By initiating this first demo trade, you are requesting DeiFunded to fully provide the services. For consumers, this means you are waiving your right to withdraw from the contract once the services commence, as outlined in detail in Clause 12. Failure to activate the Challenge within 30 calendar days from its availability will lead to suspension of access, which can be renewed upon request via the Client Portal / Account Dashboard or email to support@deifunded.com within 6 months of the initial suspension, or else the provision of Services will be terminated without a fee refund.
   2. To meet the DeiFunded Challenge criteria, the Customer must simultaneously achieve all the following:
      1. Execute at least one demo trade on four different calendar days;
      2. Avoid losses on any day of the Challenge that exceed a specific percentage of the initial capital.
      3. Not report a cumulative loss on closed demo transactions exceeding the respective option’s initial capital percentage.
         Achieve a total profit from all closed demo trades meeting a minimum percentage of the initial capital for the respective option.
      4. More details on these parameters can be found on the Website.
   3. If the Customer meets the Trading Challenge criteria outlined in clause 6.2, without breaching these T&Cs, especially the demo trading rules in clause 5.4, DeiFunded will declare the Challenge successful and offer the Verification stage free of charge. This will be done by sending new login details to the Customer’s email or Client Portal / Account Dashboard. DeiFunded reserves the right not to evaluate the Challenge if not all trades are closed.
   4. 6.4. The Verification stage is activated by the Customer’s first demo trade on the Trading Platform. If this is not done within 30 days of receiving new login data, access to Verification will be suspended. Renewal can be requested via the Client Portal / Account Dashboard or email within 6 months, or else the provision of Services will be terminated without a refund.
   5. To successfully complete Verification, the Customer must:
      1. Open at least one demo trade on four different calendar days during Verification;
      2. Not exceed a specified loss percentage of the initial capital on any day during Verification;
      3. Keep total losses from opened and closed demo trades below a certain percentage of the initial capital for the chosen option.
      4. Detailed criteria for Verification are available on the Website.
   6. To be recommended for the DeiFunded Trader program, the Customer must:
      1. Fulfil all conditions of Verification as specified in clause 6.5;
      2. Adhere to the T&Cs, particularly the demo trading rules under clause 5.4;
      3. Not exceed the maximum total capital allocation specified in applicable agreements, if already participating in the DeiFunded Trader Program.
      4. Compliance will lead to a recommendation for the DeiFunded Trader program, subject to all transactions being closed.
   7. Failure to meet any condition in clause 6.2.2. or 6.2.3. during the Challenge, or in clause 6.5.2. or 6.5.3. during Verification, will result in an unsuccessful evaluation, denying access to subsequent stages and leading to cancellation of the account and Services without a fee refund.
   8. Being recommended as a candidate for the DeiFunded Trader Program does not guarantee acceptance. DeiFunded is not liable if a Customer is rejected from the Program for any reason.
7. Becoming a DeiFunded Trader
   1. Upon successful completion of both the DeiFunded Challenge and Verification stages, Deifunded reserves the right to copy trade positions to a brokerage account under DeiFunded management. DeiFunded retains the sole discretion in the execution and management of these agreements. Additionally, the Customer agrees that their personal data may be used by DeiFunded to facilitate account management and related activities.
8. Use of the website and other services
   1. The Website and all Services, including the Client Portal / Account Dashboard, their visual design, applications, data, multimedia elements like texts, graphics, icons, images, audio, and video, as well as any other content forming the Website and Services (“Content”), are legally protected and owned by DeiFunded or its licensors. DeiFunded grants you a limited, non-exclusive, non-transferable, and revocable license to use this Content for personal use in line with the Services’ objectives. This Content is not sold or transferred to you and remains the property of DeiFunded or its licensors.
   2. All trademarks, logos, and trade names on the Website are owned by DeiFunded or its licensors. You are not granted any rights to use these marks.
   3. The Customer and DeiFunded commit to fair and equitable conduct in their contractual and negotiation practices, ensuring neither party’s reputation or interests are harmed. Disputes or disagreements shall be resolved in line with these T&Cs and applicable laws.
   4. Beyond the rights explicitly granted in these T&Cs, no additional rights related to the Services or Content are conferred to you. You are permitted to use the Services and Content only as specified in these T&Cs.
   5. Prohibited actions when using the Services and Content include:
      1. Using tools that negatively impact the Website or Services, or exploit any faults;
      2. Circumventing any geographical or technical restrictions;
      3. Creating copies or backups of the Website or Content;
      4. Reverse-engineering or altering the Website or Content;
      5. Unauthorised selling, renting, distributing, or broadcasting of the Services or Content;
      6. Using automated means to access information on the Website or Services;
      7. Utilising tools or methods that could cause damage to DeiFunded.
   6. Clause 8 does not intend to deprive the Customer of any non-excludable consumer rights.
9. General disclaimer
   1. DeiFunded provides its Services and Content “as is”, including all existing errors, defects, and limitations. The use of these Services and Content is entirely at your own risk. To the fullest extent allowed by applicable law, DeiFunded disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of quality, merchantability, fitness for a particular purpose, or non-infringement of rights.
   2. Within the limits of mandatory legal provisions, DeiFunded shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from the use of its Services or reliance on any tools, functionalities, information, or other Content provided as part of the Services or available on its Website. This includes, but is not limited to, loss of profits, data loss, personal injury, property damage, or other non-monetary damages. DeiFunded is also not responsible for any third-party products, services, applications, or content that Customers may use in conjunction with our Services. In the event that DeiFunded is found liable by a court of justice or other competent authority in relation to the operation of the Website or the provision of Services, such liability will be limited to the amount of the fee paid by the Customer for the Services in connection with which the loss occurred.
   3. DeiFunded reserves the right to alter, modify, replace, add, or remove any aspects or functionalities of the Services at any time without providing compensation.
   4. DeiFunded shall not be held accountable for failing to provide Services due to severe technical or operational reasons beyond its control, such as crises, natural disasters, war, uprisings, pandemics, threats to public safety, force majeure events, or legal or authoritative obligations that hinder the provision of Services.
   5. The provisions of this Clause 9 do not aim to deprive Customers of their consumer rights or other rights that are non-excludable under the law.
10. Violation of terms
    1. If a Customer breaches any terms of these Terms and Conditions (T&Cs) in a way that could potentially harm DeiFunded, especially if the Customer uses the Services contrary to the stipulations of Clause 1.3 or 1.4, provides inaccurate, false, or outdated information as outlined in Clause 2.3, engages in conduct that could tarnish DeiFunded’s reputation, violates demo trading rules as per Clause 5.4, contravenes the principles of fair dealing in Clause 8.3, or partakes in any prohibited activities specified in Clause 8.5, DeiFunded reserves the right to bar the Customer from availing of any further Services. This action may include complete or partial restriction of the Customer’s access to various Services, encompassing but not limited to the Client Portal / Account Dashboard and the Trading Platform, and may be implemented without prior notice or compensation to the Customer.
11. Contact
    1. You recognise that all communications regarding the Services from DeiFunded or its affiliated partners will be conducted either via your registered email address or through the Client Portal / Account Dashboard. Any communication sent electronically, either through email or the Client Portal / Account Dashboard, is acknowledged as official written communication.
    2. For any queries or communication, you can reach DeiFunded at our dedicated support email address: support@deifunded.com.
12. Right to Withdraw from a Contract
    1. As a consumer, you are granted the right to withdraw from a contract with DeiFunded without stating a reason, within 14 days from the contract’s execution (for specific details on the execution timeline, refer to clause 2.10). It is important to note that starting demo trades before the end of this 14-day period results in forfeiting your right to withdraw from the contract.
    2. To withdraw from the contract, you must notify DeiFunded via the designated email address, support@deifunded.com, within the 14-day timeframe. A withdrawal template form, available on our website, may be used for this process. Upon receiving your notification, DeiFunded will acknowledge its receipt promptly in writing. In the event of withdrawal, we will refund all fees received from you, using the same payment method you originally employed, within a maximum of 14 days from your withdrawal notice.
    3. DeiFunded reserves the right to withdraw from the contract if the Customer breaches any terms specified in Clause 10. This withdrawal becomes effective from the day it is communicated to the Customer via email or through the Client Portal / Account Dashboard.
13. Addressing Defective Services
    1. If the Services received do not match the agreed specifications or are not provided as expected, you have the right to address these as defective performance. DeiFunded does not guarantee the quality of services. Any issues should be reported to us immediately at support@deifunded.com, or via our contact details provided in clause 11.2. In such cases, you may request a remedy for the defect or a reasonable discount. If the issue cannot be resolved, you have the option to withdraw from the contract or request a discount.
    2. DeiFunded commits to addressing any complaints promptly, aiming to resolve them within 30 calendar days. We will confirm receipt and resolution of your complaint in writing. Should we fail to address your complaint within this period, you reserve the right to withdraw from the contract. Complaints can be submitted via email to support@deifunded.com.
14. Changes to Terms & Conditions
    1. DeiFunded reserves the right to modify these Terms and Conditions periodically, affecting contracts already entered into with Customers. Customers will be notified of any changes to the Terms and Conditions at least 7 days before their effective date, either through the Client Portal / Account Dashboard or via email. If a Customer disagrees with the proposed changes, they have the right to reject them. This rejection must be communicated to DeiFunded no later than the last business day before the changes take effect, sent to support@deifunded.com. Rejection of the changes will result in the termination of the contract. If the Customer does not express rejection, it will be assumed that they have accepted the new version of the Terms and Conditions.
    2. If changes to the Terms and Conditions introduce new services, additional functionalities, or are solely beneficial to the Customer, DeiFunded may notify the Customer of these changes in a shorter timeframe, but not later than the day before their implementation.
    3. Reasons for changing the Terms and Conditions may include, but are not limited to:
       1. Introduction or amendment of services or products;
       2. Compliance with legal or regulatory requirements;
       3. Enhancements to the clarity and utility of the Terms and Conditions for Customers;
       4. Adjustments in service delivery due to technological changes or process updates;
       5. Reflections of changes in the operational costs of the business.
15. Out-of-Court Consumer Dispute Settlement
    1. DeiFunded is committed to customer satisfaction. Should you have any complaints or suggestions regarding our services, we encourage direct communication for resolution. You can contact us at the email address provided in clause 11.2.
16. Governing Law and Jurisdiction
    1. All legal relations established by these General Terms and Conditions (Terms and Conditions), or related to them, including non-contractual legal relations, shall be governed by the laws of the jurisdiction where DeiFunded is registered. Any disputes arising in connection with these Terms and Conditions or related agreements will fall within the jurisdiction of the courts located in the area of DeiFunded’s registered office.
    2. The stipulations of clause 16.1 do not negate the protections granted to consumers under the mandatory laws of the Member States of the European Union or any other applicable jurisdiction.
17. US Customers – Arbitration, Jurisdiction, Choice of Law, Class Action Waiver, and Jury Trial Waiver
    1. Any disagreements, claims, or disputes resulting from or related to this Agreement, including its termination, execution, interpretation, or its legal validity, as well as determining the extent to which this Agreement is subject to arbitration, will be resolved through arbitration in New York, New York by a single arbitrator. This arbitration will be conducted under the administration of JAMS, adhering to its Comprehensive Arbitration Rules and Procedures, along with the application of the Expedited Procedures specified in those rules. Any decision or award from the arbitration can be officially recognized and enforced by any court that has the appropriate legal authority. The costs associated with the arbitration will be shared equally between the Parties. This provision does not restrict the Parties from seeking interim relief from a competent court to support the arbitration process. Should there be any litigation or arbitration regarding the contents of this Agreement, the Party that prevails will have the right to reclaim all associated costs, including reasonable legal fees. The Parties consent to:
       1. No arbitration process under this agreement, whether it involves a consumer or business dispute, shall be recognized or conducted as a class action. Nor shall it proceed on a basis that involves claims presented in a supposed representative capacity on behalf of the general public, other clients, potential clients, or individuals in similar circumstances, and
       2. No arbitration proceeding under this agreement shall be combined or associated in any manner with any other arbitration process. The parties agree to resolve any consumer dispute or business dispute through arbitration on an individual basis, with each party expressly waiving the right to participate in a class action.
       3. This Agreement and any breach or alleged breach thereof shall be interpreted and governed in accordance with the laws of Australia, without regard to its conflict of laws provisions.
       4. The parties waive any right to bring claims against the other as a representative or member in any class or representative action, except where such waiver is prohibited by law or judged by a court to be against public policy. In cases where either party is permitted by law or court to engage in a class or representative action against the other, it is agreed that: (i) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with the class or representative action (notwithstanding any other provision in this Agreement); and (ii) the party who initiates or participates as a member of the class shall not submit a claim or participate in any recovery obtained through the class or representative act
       5. Each party to this Agreement hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal proceeding directly or indirectly arising from or related to this Agreement or the transactions it contemplates (whether based on contract, tort, or any other theory). Each party (a) certifies that no representative, agent, or attorney of any other party has stated, expressly or otherwise, that such other party would not enforce this waiver in the event of litigation; and (b) acknowledges that it and the other parties have been induced to enter into this Agreement, among other things, by the mutual waivers and certifications in this section. This paragraph does not apply to Parties located in either California or Georgia.
18. Duration and Termination of the Contract
    1. This contract is established for a definite period, remaining valid until the DeiFunded Challenge or Verification is either passed or failed, as defined in clauses 6.2 and 6.5.
    2. The contract may be terminated earlier by either party in accordance with the stipulations of these Terms and Conditions. The contract automatically and immediately terminates if the Customer does not initiate at least one demo trade within 30 consecutive days during the Challenge or Verification period.
    3. Notwithstanding clause 17.2, DeiFunded reserves the right to terminate this contract with immediate effect and cause if fulfilling the contract compromises DeiFunded’s ability to adhere to legal obligations, governmental orders, or decisions of regulatory authorities.
    4. Either party may terminate the contract without cause by providing written notice at least 7 days in advance, in accordance with the communication guidelines outlined in Clause 11.
19. How does the profit split work?
    • At DeiFunded, we believe in rewarding talent and dedication. Our profit split structure for challenge accounts commences at a favourable 80/20 split, with traders retaining the larger portion.
    • Once the first 2 phases (with minimum 4 days of trades each) has been completed and you are trading in the Payout Phase, a 14 day waiting period is required before your first withdrawal. Please note that all phases use demo / simulated accounts and payouts are provisioned from company profits.
    • For those traders who stand out and demonstrate exceptional performance, the DeiFunded team may select them for entry into a scaling plan. Upon selection and subsequent successful verification by our team, these traders will receive an increased profit split of 90/10, in the trader’s favour.
20. Final Provisions
    1. DeiFunded has not adopted any specific consumer codes of conduct.
    2. These Terms and Conditions represent the complete agreement between you and DeiFunded, superseding all prior discussions, arrangements, or agreements related to the Terms and Conditions, whether verbal or written.
    3. Nothing within these Terms and Conditions is intended to limit any legal rights or claims outlined in these Terms and Conditions or arising from applicable law. Non-enforcement of these Terms and Conditions by DeiFunded or any authorized third party does not constitute a waiver of any rights or claims.
    4. DeiFunded may assign any claims arising from these Terms and Conditions or related agreements to a third party without your consent. You acknowledge that DeiFunded, as the assignor, may transfer its rights and obligations under these Terms and Conditions or parts thereof to a third party. Customers are not authorised to transfer or assign their rights and obligations under these Terms and Conditions, any parts thereof, or any receivables arising from them, in whole or in part, to any third party.
    5. Should any provision of these Terms and Conditions be found invalid or ineffective, it will be replaced by a provision that most closely matches the intent of the original provision. The invalidity of one provision does not affect the validity of the remaining provisions. Practices established between the parties, or customs in the industry not explicitly referred to in these Terms and Conditions, will not be applied, nor will rights or obligations be derived from them; nor will they be considered in interpreting the parties’ intentions.
    6. Information provided on social media platforms is not binding and does not supersede the parameters set in our terms and conditions. We disclaim responsibility for any assertions made by moderators or other external parties, regarding the status of your compliance, payout or account status, unless such assertions are validated at the completion of the compliance assessment process completed by DeiFunded internally.
    7. Both parties acknowledge having carefully evaluated and accepted the potential risks associated with these Terms and Conditions before their mutual acceptance.

Zero Tolerance Abuse Policy

Overview

We are committed to creating a safe and respectful environment for all our staff and community members. To ensure this, we have established a zero-tolerance policy towards any form of abuse, harassment, or misconduct. This policy applies to interactions on our Discord server, via email, and any other platforms or communication channels associated with our community.

Scope

This policy applies to all users, members, and participants within our community, including but not limited to Discord users, email correspondents, and members of any external groups associated with our platform.

Prohibited Behavior

The following behaviours are strictly prohibited under this policy and will result in immediate action:

• Sharing Personal Details of Staff (Doxxing): Revealing private or identifying information about our staff without their explicit consent is strictly forbidden. This includes, but is not limited to, personal addresses, phone numbers, email addresses, and social media profiles.
• Threatening Violence or Harm: Any threats of violence, harm, or actions that pose a direct threat to the safety and well-being of our staff or community members will not be tolerated.
• Abusive Language and Harassment: The use of abusive language, harassment, or any form of verbal or written abuse directed towards our staff or community members is unacceptable. This includes derogatory comments, bullying, and unwelcome advances or remarks.

Enforcement

Upon identification of any prohibited behaviour as outlined above, the following actions will be taken:

• Immediate Termination of Account: The offender’s account will be terminated immediately without prior warning.
• Permanent Ban: The individual will be permanently banned from all platforms, including but not limited to Discord, email communications.
• Reporting to Authorities: Depending on the severity of the offence, we reserve the right to report the individual to the appropriate law enforcement authorities for further action.

Reporting 

If you witness or are subject to any form of abuse, harassment, or violation of this policy, please report it immediately to our designated support or moderation team. We encourage our community to come forward with reports to ensure our environment remains safe and respectful for everyone.

Commitment to Safety

We are deeply committed to the safety and dignity of our staff and community members. This policy is in place to ensure that our values of respect, integrity, and professionalism are upheld across all interactions and platforms. We appreciate your cooperation in maintaining a safe and welcoming environment for everyone.

By participating in our evaluations, you agree to abide by this Zero Tolerance Abuse Policy. We reserve the right to modify this policy at any time to better protect our staff and community members. Your continued use of our platforms signifies your agreement to these terms.

Important DeiFunded Details:

DeiFunded is a trading name of DeiMarkets and is not a broker, does not accept deposits for brokers, and does not provide any investment services. DeiFunded does not act as or conduct services as a custodian. Purchases of programs should not be considered as deposits. All program fees are used for operating costs including, but not limited to, staff, technology, and other business-related expenses.

Company registration:

To view a copy of our company registration click here.