1.Introduction

1.1 Welcome to BrightFunded Futures. These Terms and Conditions ("Terms") govern your access to and use of the simulated futures trading evaluation services offered under the BrightFunded Futures brand on www.brightfunded.com (the "Website"), the Client Section and any related applications (collectively, the "Services"). The Services are provided by BrightFunded LLC, a Wyoming limited liability company operating under the brand name BrightFunded Futures ("BrightFunded Futures", "we", "us" or "our").

1.2 Please read these Terms carefully. By accessing or using the Services, you confirm that you have read, understood and agreed to be bound by these Terms, as they may be amended from time to time. These Terms affect your legal rights and obligations. Section 20 contains a binding arbitration agreement and a waiver of class actions and jury trials. If you do not agree with these Terms, do not access or use the Services.

1.3 BrightFunded Futures may revise or update these Terms at any time, as described in Section 19. We encourage you to review these Terms periodically.

1.4 The Services are provided solely for educational and evaluation purposes related to trading on futures markets. BrightFunded Futures does not provide financial advice, investment recommendations, brokerage services or any other regulated financial activity, and does not act as a broker, advisor or fiduciary. The Services consist solely of simulated futures trading evaluation services provided through simulated accounts with Simulated Funds. No real money is deposited, invested or traded through the Services, and no order placed through the Services is ever executed in a real market.

1.5 Unless expressly stated otherwise, every reference on the Website, in the Client Section, on the Trading Platform and in any communication from BrightFunded Futures to trading, trades, orders, positions, accounts, account size, capital, funding, funded, balance, equity, profit, loss, drawdown, payout or similar terms refers only to simulated trading activity and Simulated Funds, and never to real money or to trading in real markets.

2. Definitions

In these Terms, the following terms have the meanings below:

• "BrightFunded Account" means an Evaluation Account or a SIM Funded Account.

• "Client Section" means the password protected user area of the Website through which you order and manage the Services.

• "Evaluation" means the simulated trading assessment you purchase from BrightFunded Futures, governed by these Terms and the Product Specifications.

• "Evaluation Account" means the simulated trading account used during the Evaluation.

• "Evaluation Fee" means the fee paid for an Evaluation.

• "Forbidden Trading Practices" means the practices described in Clauses 6.4 to 6.8.

• "Futures Evaluation Services Agreement" means the separate agreement you must enter into with BrightFunded Futures before you receive access to a SIM Funded Account.

• "Product" means each configuration of the Evaluation offered on the Website.

• "Product Specifications" means the rules, parameters and conditions of each Product published on the Website, which form part of these Terms.

• "Reward" means a discretionary performance reward that may be paid in connection with a SIM Funded Account under the Futures Evaluation Services Agreement, calculated on the basis of simulated trading results. A Reward is not a share of profits from trading in any real market.

• "SIM Funded Account" means a simulated trading account made available after a successful Evaluation, subject to the Futures Evaluation Services Agreement. A SIM Funded Account is not funded with real money.

• "Simulated Funds" means the virtual balance shown in a BrightFunded Account. Simulated Funds are fictitious, have no monetary value, are not legal tender, cannot be withdrawn, transferred or used for any real trading, and remain at all times the property of BrightFunded Futures.

• "Trading Platform" means the third party trading software and market data services through which you place simulated trades.

• "you", "your" and "Customer" mean the person who accesses or uses the Services.

References in these Terms to the affiliates of BrightFunded Futures mean any company that directly or indirectly controls, is controlled by or is under common control with BrightFunded LLC, including its parent companies, subsidiaries and sister companies. Other capitalized terms, such as Content, User Content, Trade2Earn Program and BrightTokens, have the meaning given where they are first used in these Terms.

3. Acceptance of Terms and Eligibility

3.1 By accessing, browsing or using the Services, you signify your explicit acceptance of these Terms. If you do not agree to these Terms, you must not use the Services.

3.2 The Services are available only to individuals who are at least 18 years of age, or the age of majority in their jurisdiction of residence if higher. By accepting these Terms, you confirm that you meet this requirement and are fully capable of entering into the terms, conditions, obligations, representations and warranties set out in these Terms.

3.3 If you access or use the Services on behalf of a business, company or other legal entity, you declare that you are authorized to bind that entity to these Terms. In that case, "you" and "your" refer to that entity.

3.4 Your continued use of the Services signifies your acceptance of these Terms. If you disagree with any part of these Terms, you must stop using the Services.

3.5 The Services are not available to residents, citizens or persons located in: (a) any jurisdiction subject to comprehensive U.S. economic sanctions, including Cuba, Iran, North Korea and the Crimea, so called Donetsk People's Republic and so called Luhansk People's Republic regions of Ukraine; (b) any jurisdiction included on the Restricted Jurisdictions list published on the Website, as updated by BrightFunded Futures from time to time without prior notice; or (c) any jurisdiction where the Services would be unlawful. BrightFunded Futures may restrict access to the Services, or to specific Products or Trading Platforms, in any additional jurisdiction at any time. By using the Services, you represent and warrant that you are not a resident, citizen or person located in any such jurisdiction, that you are not identified on any list of sanctioned or prohibited persons maintained by the U.S. government or any other competent authority, and that you will comply with all applicable export control and sanctions laws. You must not use a VPN, proxy, virtual private server or any other means to hide your location or identity. Any misrepresentation or attempt to circumvent these restrictions entitles BrightFunded Futures to deny the Services, withhold any Reward and terminate your access without refund.

3.6 By using the Services, you further represent and warrant that: (a) you have never been disciplined by, or been the subject of an action by, the U.S. Commodity Futures Trading Commission ("CFTC"), the National Futures Association ("NFA"), any exchange or any other governmental or self regulatory organization; (b) you have never been convicted of a felony or of any crime involving fraud or dishonesty; (c) you have no outstanding debt with any clearing firm, broker or other trading firm; (d) all information you provide to BrightFunded Futures is true, complete and accurate; and (e) you understand English well enough to understand and perform these Terms.

4. Use of the Services

4.1 Ordering and Registration. Services can be ordered through the Website by completing the relevant registration or order form. Upon successful registration, you will receive your login details for the Client Section and the Trading Platform by email or in the Client Section. The data you provide during registration or through the Client Section must be complete, accurate and current. Inaccurate, incomplete or outdated information may result in your inability to use the Services and our inability to contact you.

4.2 Service Offering. The Services consist of the BrightFunded Futures Evaluation and, for Customers who successfully complete it and meet all eligibility requirements, access to a SIM Funded Account. BrightFunded Futures offers multiple Products, which may differ in simulated account size, trading parameters, loss limits and fees. Each Product has its own rules, profit targets, loss limits and conditions as set out in the Product Specifications. By purchasing a Product, you agree to be bound by the applicable Product Specifications. BrightFunded Futures may introduce new Products, modify existing Products or discontinue any Product at any time.

4.3 Fees and Payments. The Evaluation Fee depends on factors including the Product, the simulated account size and its trading parameters, and covers access to the Evaluation and related Services, including the technology and market data costs that BrightFunded Futures pays to third parties to provide the Services. Subject to Section 18, the Services are deemed delivered in full when your login details for the Evaluation Account are issued. All fees, including Evaluation Fees, reset fees and any other fees, are nonrefundable, including where you cancel your Client Section, stop using the Services, fail to meet the conditions of a Product or violate these Terms, except where a refund is required by mandatory applicable law. You may only use a payment method held in your own name. BrightFunded Futures may correct any pricing or ordering error at any time, including after payment, and may cancel any order affected by such an error.

4.4 Payment Processing. Payments may be collected and processed by third party payment service providers or payment agents acting on behalf of BrightFunded Futures. These providers act only as technical and financial intermediaries, do not provide the Services and are not parties to these Terms. The name that appears on your card or bank statement may differ from BrightFunded LLC or BrightFunded Futures. This does not create any contractual relationship between you and that provider. BrightFunded Futures may change its payment providers at any time without amending these Terms.

4.5 Chargebacks and Payment Disputes. Before disputing any payment, you must first contact [email protected] and give us a genuine opportunity to resolve the matter. Initiating a chargeback, payment dispute or reversal of any fee paid to BrightFunded Futures without doing so constitutes a material breach of these Terms. In that case, BrightFunded Futures may, in its sole discretion: (a) immediately suspend or permanently close any or all of your BrightFunded Accounts; (b) revoke any accrued or future Reward; (c) permanently refuse any future provision of the Services; (d) recover all costs, fees and damages incurred, including chargeback fees imposed by payment processors, administrative costs and reasonable legal fees; and (e) report the conduct to payment providers and fraud prevention databases.

4.6 Promotions, Discount Codes and Referral Programs. Discount codes and promotions are personal, may be used only once unless stated otherwise, have no cash value, cannot be sold, shared or combined with other offers unless expressly allowed, and may be changed or withdrawn at any time. BrightFunded Futures may cancel any discount, order or benefit obtained through the abuse of a promotion. Any affiliate or referral program is governed by its own terms published on the Website.

4.7 Change of Service Parameters. Once a Product has been purchased, you cannot change the Product selected. To use a different Product, you must order a new Evaluation. BrightFunded Futures may unilaterally change the fees and parameters of the Services at any time, without affecting Services purchased before notification of the change.

4.8 Technical Requirements. You are responsible for obtaining the technical equipment and software needed to use the Services, including any third party software, at your own risk and expense.

4.9 Trading Platforms and Market Data. The operators of Trading Platforms and providers of market data are distinct from BrightFunded Futures, and their terms and conditions and privacy policies apply to your use of their platforms and data. A Trading Platform operator or market data provider may require you to accept its terms, including exchange market data agreements and a declaration of your status as a nonprofessional user. You must provide accurate information in those declarations.

4.10 Ordering Practices. If you place an unusually large number of orders in a short period, BrightFunded Futures may issue a warning or suspend your ability to order Services. If such behavior is related to Forbidden Trading Practices, BrightFunded Futures may take action under Section 6. All data entered in the order form can be checked and corrected until the order is submitted. An order is complete when the order form is submitted and confirmed by email. Please review all information carefully before submitting your order.

5. Client Section Management and Responsibility

5.1 Every Customer may maintain only one Client Section, which must contain all of their Services, including all Evaluation Accounts and SIM Funded Accounts. Creating multiple Client Sections, using false or misleading identities or otherwise circumventing this rule is a material breach of these Terms and may result in the immediate termination of all Services without refund.

5.2 BrightFunded Futures may limit the number of Evaluation Accounts and SIM Funded Accounts that can be held per Client Section, per individual and per household, as set out in the Product Specifications. BrightFunded Futures may also restrict the transfer or combination of Simulated Funds and performance data between different accounts, Products, Services or Customers.

5.3 You are responsible for keeping your login data, including your username and password, confidential and secure. Any activity under your Client Section or Trading Platform credentials, including any transactions or changes, is considered to be performed by you and is your sole responsibility.

5.4 You must promptly notify BrightFunded Futures of any unauthorized access to or use of your Client Section or Trading Platform, or any other breach of security.

5.5 BrightFunded Futures disclaims all liability for service unavailability, data loss or other technical issues that may arise during the use of the Services. While BrightFunded Futures will make reasonable efforts to keep the Services running smoothly, the Services may at times be temporarily unavailable. You accept this risk and agree that you are not entitled to compensation in such cases.

5.6 You may cancel your Client Section at any time by sending an email to [email protected]. Cancellation of the Client Section terminates the contract and ends your access to the Services. Upon cancellation, you are not entitled to a refund of any fees paid, even if the Services have not been fully used, except as provided in Section 18.

5.7 BrightFunded Futures may require you to complete identity verification, including "know your customer" and sanctions screening, at registration, before granting access to a SIM Funded Account, before paying any Reward, or at any other time it considers necessary. Verification is performed through a third party identity verification provider engaged by BrightFunded Futures (currently Sumsub) and may include a photo or video of your face for liveness and document matching checks, as described in the Privacy Policy. You agree to provide accurate and truthful identification documents and personal information when requested. BrightFunded Futures may refuse, suspend or terminate any BrightFunded Account, or deny access to a SIM Funded Account, if identity verification cannot be satisfactorily completed or if there is a reasonable suspicion of fraud, impersonation or other illicit activity. Successful completion of an Evaluation does not guarantee access to a SIM Funded Account if identity verification requirements have not been met.

5.8 All BrightFunded Accounts, including all Simulated Funds, positions, trading data and credentials, are and remain the property of BrightFunded Futures. You receive only a limited, personal, nontransferable and revocable license to access and use the BrightFunded Accounts made available to you, in accordance with these Terms. You have no ownership, custodial or beneficial interest in any BrightFunded Account or its Simulated Funds, and no right to withdraw any amount from it.

5.9 BrightFunded Futures may monitor and record your use of the Services, including your IP addresses, device and browser identifiers, approximate location, login activity and trading activity, to operate the Services, enforce these Terms and detect fraud and abuse. You consent to this monitoring.

6. Simulated Trading Conditions and Limitations

6.1 All trading activity under the Services takes place solely in simulated accounts with Simulated Funds within a simulated environment. No real futures contracts are bought or sold, no order is sent to any exchange and no real money is at risk. You may perform any simulated transaction unless it is a Forbidden Trading Practice. You must follow the Product Specifications, the rules of the Trading Platform and the rules of the relevant exchange as they would apply to real trading, including general rules of risk management. To enforce the Product Specifications, BrightFunded Futures may automatically close any or all open positions at any time. You remain solely responsible for managing your open positions.

6.2 By using the Services, you expressly consent to BrightFunded Futures accessing and using your simulated trade data for any purpose, including the replication of simulated trades in real markets, and to sharing it with its affiliates and partners. Any such activity is carried out solely by BrightFunded Futures or its affiliates for their own account, is not trading by you or on your behalf, and does not affect your BrightFunded Accounts or any Reward. This may happen automatically and does not require any further approval from you. You are not entitled to any compensation, profit or benefit from any such use. You may stop simulated trading at any time.

6.3 BrightFunded Futures makes no guarantees about the accuracy or availability of the information displayed on the Trading Platform. You rely on that information at your own risk.

6.4 The following trading practices are strictly forbidden:

a. Exploiting errors in the Services, whether intentional or not, including delays in price display or updates, or simulated prices, fills or slippage that differ from real markets.

b. Trading with an external, delayed or lagging data feed, or on delayed charts.

c. Acting alone or together with others (including across multiple accounts, Customer identities, other users or other trading firms) to manipulate trading conditions, such as opening opposite or hedged positions at the same time.

d. Latency arbitrage, data feed arbitrage, or exploiting the order book, market depth or any simulated execution mechanism.

e. Placing orders without the intention of having them executed (such as spoofing or layering), or trading at prices outside the best bid and offer.

f. Using software, artificial intelligence, high frequency trading or mass data entry that could manipulate or abuse the system or give an unfair advantage.

g. Trading in a way that breaches these Terms, the Product Specifications, the terms of the Trading Platform or the rules of the relevant exchange.

h. Trading in a way that contradicts standard practice in the futures markets, or that abuses the simulated environment, such as grossly overleveraged positions, one sided bets or account rolling.

6.5 You must not use any trading strategy that is exploitative, including high frequency trading, tick scalping, latency or arbitrage strategies, or any strategy that does not reflect real market conditions. All trading activity must closely replicate genuine trading in the relevant futures markets. These practices are prohibited because they do not reflect real trading and undermine the integrity of the Evaluation and the Services.

6.6 If you use any custom, algorithmic or automated trading software, including trade copiers, you are fully responsible for it and must be able to show that you are its sole author and that no other person or entity has access to or uses it. Using the same automated trading software across multiple evaluation or trading firms is prohibited. "Black box" software, and any software using a direct exchange or clearing house connection, are prohibited. BrightFunded Futures may run scans and audits and may require a review of the source code to confirm compliance.

6.7 The Services are intended solely for your personal use. You must not allow any third party to access your BrightFunded Accounts, trade on your behalf or trade on behalf of third parties. Copy trading is permitted only between BrightFunded Accounts held in your own Client Section.

6.8 You must not exploit the Services by trading without standard risk management, including by opening positions that are significantly larger or smaller, or more or fewer in number, than your other trades on the same or a different BrightFunded Account. BrightFunded Futures has the sole right to decide what constitutes a Forbidden Trading Practice.

6.9 If you engage in Forbidden Trading Practices, BrightFunded Futures may treat this as a failure to meet the conditions of the Evaluation or of the SIM Funded Account. BrightFunded Futures may remove the violating trades from your trading history, delete the affected trading days, reset or close any or all of your BrightFunded Accounts, cancel all Services, terminate the contract, or impose additional trading restrictions on any or all of your accounts (including lower loss limits, smaller position or contract limits or other modified trading parameters).

6.10 Where Forbidden Trading Practices are carried out on one or more BrightFunded Accounts, on accounts of different users, or through a combination of Evaluation Accounts and SIM Funded Accounts, BrightFunded Futures may cancel all Services, terminate all related contracts or take any of the other measures in Clause 6.9.

6.11 Forbidden Trading Practices may also breach the terms of third party providers and may lead to the cancellation of all of your accounts and the termination of the related agreements.

6.12 Repeating any Forbidden Trading Practice after a notice from BrightFunded Futures may lead BrightFunded Futures to restrict your access to all or part of the Services, including the Client Section and the Trading Platform, without any compensation or refund of fees paid.

6.13 BrightFunded Futures is not responsible for any trading or investment activity you carry out outside your relationship with BrightFunded Futures, even if you use the same Trading Platform, or information from the Services, for real trading.

6.14 Trading futures in real markets involves substantial risk of loss and is not suitable for everyone. Past performance and simulated profits do not guarantee future results. Simulated trading involves no financial risk to you and is provided for educational and evaluation purposes only.

6.15 The simulated environment uses third party Trading Platforms and market data intended to closely mirror real market conditions. However, because of the limits of any simulation and the unpredictable nature of financial markets, BrightFunded Futures cannot guarantee that simulated orders will be filled at the price or time you expect.

Market volatility, liquidity, latency or technical constraints may cause simulated orders to be filled at less favorable prices, cause slippage or prevent orders from being filled. Stop and limit orders may not trigger at the chosen level, or may be filled at the next available price during fast moves or market gaps. Delays, partial fills or rejections may occur based on market conditions as determined by the Trading Platform. These outcomes reflect realistic trading conditions and are not errors or service failures.

Your internet connection, device or system setup can also affect platform response and execution. You are responsible for ensuring suitable technical conditions on your side. BrightFunded Futures neither operates nor controls the Trading Platform or the data feed, and is not liable for any disruption, delay or error caused by third party systems or infrastructure.

BrightFunded Futures is not responsible for execution quality, data latency or price accuracy, or for the performance or reliability of any Trading Platform. By using the Services, you accept all risks related to the Trading Platform and its technical constraints. Claims or disputes about platform execution, pricing, data delays or slippage do not qualify for refunds, chargebacks or compensation.

7. Evaluation Terms and Activation

7.1 After payment of the Evaluation Fee, BrightFunded Futures will provide your login details by email or in the Client Section. The Evaluation is activated when you place your first simulated trade.

7.2 By starting the Evaluation, you expressly request that BrightFunded Futures begin providing the Services, and you give up any right to withdraw from the contract under Section 18.

7.3 If an Evaluation Account is not activated, or shows no simulated trading activity, within the period set out in the Product Specifications, BrightFunded Futures may suspend or close it without refund.

7.4 The Evaluation has no maximum duration unless otherwise stated in the Product Specifications.

7.5 BrightFunded Futures offers multiple Products, each with its own simulated account size, profit target, loss limits and conditions. The specific parameters of each Product are set out in the Product Specifications. By purchasing a Product, you agree to be bound by those Product Specifications.

7.6 To pass the Evaluation, you must meet all conditions set out in the applicable Product Specifications, which may include profit targets, loss limits, consistency requirements, position and contract limits, permitted instruments and trading hours, and any other trading rules.

7.7 If you meet the conditions of the Evaluation and have not violated these Terms, in particular the rules on simulated trading, BrightFunded Futures will consider the Evaluation successful.

7.8 If you breach any condition of the Product Specifications, the Evaluation is unsuccessful and the Evaluation Account may be closed immediately. No refund of fees will be provided. Where the Product Specifications allow it, you may purchase a reset of the Evaluation Account. Reset fees are nonrefundable.

7.9 You may request a review of your Evaluation results at any time through the Client Section or by email. BrightFunded Futures may decline to review the Evaluation while any positions remain open.

7.10 After a successful Evaluation, you may become eligible for a SIM Funded Account, subject to identity verification, the eligibility requirements in these Terms and the Product Specifications, and the conclusion of the Futures Evaluation Services Agreement. A successful Evaluation does not guarantee access to a SIM Funded Account.

8. SIM Funded Stage

8.1 If you successfully complete the Evaluation as described in Section 7, you may become eligible for an offer to access a SIM Funded Account.

8.2 Any offer to access a SIM Funded Account is made at the sole discretion of BrightFunded Futures, based on its internal criteria, which may change without prior notice.

8.3 Access to a SIM Funded Account requires you to enter into the Futures Evaluation Services Agreement with BrightFunded Futures. You agree to comply with all conditions and obligations of that agreement.

8.4 BrightFunded Futures has no obligation to maintain your access to a SIM Funded Account if you fail to comply with the Futures Evaluation Services Agreement or breach these Terms.

8.5 A SIM Funded Account is a simulated account with Simulated Funds. It is not funded with real money, and you do not trade with real capital or have access to, custody of or control over any real funds. Any Reward is calculated solely on the basis of the simulated performance of your SIM Funded Account, as set out in the Futures Evaluation Services Agreement and the Product Specifications, and is not a profit from trading in any real market.

8.6 If you violate any trading objective set out in the Product Specifications or the Futures Evaluation Services Agreement, your SIM Funded Account may be suspended or closed immediately. In that case, you lose any right to any unpaid Reward and no fee will be refunded.

8.7 All Rewards are processed in accordance with the Futures Evaluation Services Agreement. Every payment is subject to successful identity verification, the provision of any tax documentation BrightFunded Futures reasonably requests and full compliance with these Terms. BrightFunded Futures may pay Rewards through third party payout providers. Rewards are discretionary and are not a guaranteed right or entitlement.

9. Trade2Earn Program

9.1 BrightFunded Futures operates the Trade2Earn Program, a loyalty and rewards program through which eligible Customers earn BrightTokens based on their simulated trading activity.

9.2 BrightTokens are earned automatically based on simulated trading activity. The earning rates, eligible account types and any minimum thresholds are set by BrightFunded Futures and published on the Website. BrightFunded Futures may change the earning rates, eligible activities and program mechanics at any time without prior notice.

9.3 BrightTokens may be redeemed for perks and benefits described on the Website, which may include trading advantages, free Evaluations and other promotional offers. Availability, value and redemption conditions are determined by BrightFunded Futures at its sole discretion.

9.4 BrightTokens have no cash value and cannot be sold, transferred or exchanged for money. BrightTokens are not property and do not confer any ownership, financial or legal rights. BrightFunded Futures may expire, void or adjust BrightToken balances in case of program abuse, account termination or violation of these Terms.

9.5 BrightFunded Futures may modify, suspend or terminate the Trade2Earn Program at any time, with or without notice. If the program is terminated, any unredeemed BrightTokens may be forfeited.

10. Intellectual Property Rights and Use of Content

10.1 All elements of the Website and the Services, including texts, images, graphics, layout, software, databases, logos and design (collectively, "Content"), are protected by national and international copyright and intellectual property laws. These rights belong to BrightFunded Futures or its licensors.

10.2 BrightFunded Futures grants you a limited, nonexclusive and revocable license to access and use the Content solely for your personal, noncommercial use, consistent with the intended purpose of the Services. This license does not transfer or change the ownership of the Content.

10.3 All trade names, trademarks, logos and other brand features on the Website are owned by BrightFunded Futures or its licensors. Any unauthorized use is strictly prohibited.

10.4 Except for the usage rights expressly granted in these Terms, no other rights, including copyright, patent, trademark, trade secret or other proprietary rights in the Services and Content, are transferred or granted to you. All rights not expressly granted are reserved.

10.5 You must use the Services and Content only in the manner set out in these Terms. You must not use malicious software or tools, circumvent or attempt to circumvent any restriction on access to or use of the Website, copy, modify, frame or reverse engineer the Website, the Services or the Content, distribute or share the Content without authorization, use automated means to extract or scrape data, use the Services to build or benchmark a competing product, or take any action that may disrupt the Website, harm BrightFunded Futures or other users, or otherwise infringe the rights of BrightFunded Futures.

11. User Content, Feedback and Publicity

11.1 If you submit or post any content in connection with the Services, including reviews, testimonials, comments, messages in our community channels, trading screenshots or social media posts that tag BrightFunded Futures ("User Content"), you grant BrightFunded Futures a worldwide, perpetual, irrevocable, royalty free and sublicensable license to use, reproduce, modify, publish and display that User Content in any media. You confirm that you own or have the right to share your User Content and that it does not infringe any third party right.

11.2 Any ideas, suggestions or feedback you give us about the Services may be used by BrightFunded Futures freely and without any obligation or compensation to you.

11.3 You agree that BrightFunded Futures may publish your first name only (never your last name), together with your country, the Products you use, your simulated trading statistics, your Rewards and any certificates issued to you, on the Website, leaderboards, social media and other marketing materials, without compensation.

11.4 When using our community channels, support channels or social media, you must treat other users and our staff with respect. Harassment, threats, abusive language, spam, impersonation, false statements of fact and sharing of other people's personal data are not allowed. BrightFunded Futures may remove any User Content and restrict your access to these channels or to the Services at its discretion.

11.5 If you believe that any content on the Website infringes your copyright, please send a notice to [email protected] with the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)). BrightFunded Futures may terminate the access of users who repeatedly infringe the rights of others.

12. Third Party Services and Links

12.1 The Services depend on third party providers, including Trading Platforms, market data providers, payment and payout providers and identity verification providers. Your use of their services is subject to their own terms and privacy policies, and BrightFunded Futures is not responsible for their acts, omissions, availability or content.

12.2 The Website may contain links to third party websites. These links are provided for convenience only and do not mean that BrightFunded Futures endorses those websites. The names and logos of third parties shown on the Website belong to their owners and do not imply any partnership or affiliation beyond the provision of services.

13. Limitation of Liability and Disclaimers

13.1 You use the Services and Content as provided, with all their defects or shortcomings, entirely at your own risk. BrightFunded Futures expressly disclaims all warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, noninfringement, compatibility, security or accuracy. No advice or information obtained from BrightFunded Futures or through the Services creates any warranty not expressly stated in these Terms.

13.2 BrightFunded Futures, its affiliates and their directors, officers, employees and agents are not liable, to the fullest extent permitted by law, for any indirect, incidental, consequential, special or exemplary damages, including loss of profits, goodwill, use, data or other intangible losses (even if BrightFunded Futures has been advised of the possibility of such damages), arising out of or in connection with the use of, or inability to use, the Services or the Content.

13.3 BrightFunded Futures is not responsible or liable for any damage or loss caused by third party products or services used together with the Services, or by any content, information, materials or products made available through such third party services.

13.4 If BrightFunded Futures is found liable for any loss or damage, its liability is limited to the amount of the fee you paid for the Services directly related to that loss or damage.

13.5 BrightFunded Futures may modify, replace or remove any feature of the Services without any obligation to compensate you for any loss or inconvenience caused.

13.6 BrightFunded Futures is not responsible for any failure or delay in providing the Services caused by major technical or operational disruptions, crises, natural disasters, wars, pandemics, legal obligations, decisions of public authorities, exchange or market data interruptions, or any other circumstances beyond its reasonable control.

13.7 Nothing in these Terms deprives you of your statutory rights as a consumer, to the extent those rights cannot be changed or waived by contract.

13.8 Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct or any other liability that cannot be limited by law.

14. Violations, Suspension and Termination

14.1 If you breach any part of these Terms in a way that, in the judgment of BrightFunded Futures, could harm BrightFunded Futures, BrightFunded Futures may take remedial action. Violations include unauthorized access to the Services, providing false, incomplete or outdated information, damaging the reputation of BrightFunded Futures, breaching the simulated trading rules, or any activity that contradicts our guidelines or interferes with the Services.

14.2 Depending on the severity and nature of the violation, BrightFunded Futures may prevent you from ordering further Services, or partly or fully restrict your access to the Services, including the Client Section, the Trading Platform and any other facility or service provided by BrightFunded Futures.

14.3 BrightFunded Futures may also suspend or terminate your access to the Services at any time and for any reason, with or without notice. If your access is terminated because of a breach of these Terms, you may not register again or use the Services under any other name, identity or account.

14.4 BrightFunded Futures is not obliged to give you prior notice before taking any measure under this Section and will not provide compensation or a refund for any inconvenience or loss that may result.

14.5 Any action taken under this Section does not waive any other legal or contractual remedy available to BrightFunded Futures. BrightFunded Futures reserves all rights and remedies under these Terms, at law and in equity.

15. Communication and Electronic Records

15.1 All communication about the Services from BrightFunded Futures or its partners will be made through the Client Section or the email address you registered with us. This is your primary method of receiving communication from us, and you agree to check your Client Section and registered email regularly.

15.2 You consent to receive these Terms, all agreements, notices and other communications from BrightFunded Futures in electronic form, and to the use of electronic signatures and electronic records. Electronic communications have the same legal validity and enforceability as communications on paper.

15.3 BrightFunded Futures will try to respond to your queries in a timely and efficient manner. Response times may vary depending on the nature and complexity of the issue. BrightFunded Futures communicates only in English.

15.4 Any communication from BrightFunded Futures is deemed received when it is made available in the Client Section or sent to your registered email, whether or not you have opened it.

15.5 Notices to BrightFunded Futures may be sent to [email protected] or to the mailing address published on the Website.

16. Indemnification

16.1 You agree to indemnify, defend and hold harmless BrightFunded Futures, its affiliates and their respective directors, officers, employees, agents and representatives from and against all claims, demands, actions, damages, losses, costs, liabilities and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of any applicable law, regulation or exchange rule, or of any third party right; (d) any User Content you submit; (e) any dispute between you and any third party relating to the Services; or (f) any fraudulent, dishonest or negligent act or omission on your part.

17. Simulated Trading Disclaimer and Regulatory Status

17.1 ALL TRADING THROUGH THE SERVICES IS SIMULATED AND IS NOT REAL. ALL BRIGHTFUNDED ACCOUNTS, INCLUDING EVALUATION ACCOUNTS AND SIM FUNDED ACCOUNTS, ARE SIMULATED ACCOUNTS. SIMULATED FUNDS ARE FICTITIOUS, HAVE NO MONETARY VALUE AND MAY NOT BE USED FOR ANY ACTUAL TRADING. NO REAL MONEY IS DEPOSITED, INVESTED OR AT RISK, AND NO ORDER IS SENT TO ANY EXCHANGE OR EXECUTED IN ANY REAL MARKET. EXCEPT FOR ANY REWARD EXPRESSLY PROVIDED UNDER THE FUTURES EVALUATION SERVICES AGREEMENT, YOU WILL NOT BE PAID ANY REMUNERATION OR PROFITS BASED ON THE RESULTS OF YOUR SIMULATED TRADING, AND YOU WILL NOT BE REQUIRED TO PAY ANY SIMULATED LOSSES. PERFORMANCE IN A SIMULATED ACCOUNT DOES NOT GUARANTEE OR PREDICT RESULTS IN REAL TRADING.

17.2 BrightFunded Futures is not a futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator, broker dealer, investment adviser, exchange or designated contract market, and is not registered with, licensed by or a member of the CFTC, the NFA or any other regulatory authority. These Terms and the Services have not been reviewed, approved or endorsed by the CFTC, the NFA or any other regulatory authority. BrightFunded Futures does not accept client funds, does not hold or manage assets on your behalf and does not execute trades in any real market on your behalf.

17.3 The information provided on the Website and through the Services is general and educational. It does not constitute investment, financial, legal or tax advice, a recommendation, or an offer or solicitation to buy or sell any financial instrument. You should not rely on it to make any investment decision. All trading decisions in your BrightFunded Accounts are made by you alone.

17.4 Nothing in these Terms or in the provision of the Services creates a relationship of employer and employee, principal and agent, partnership, joint venture or any fiduciary relationship between BrightFunded Futures and you.

17.5 Any Reward is a discretionary reward based on simulated trading performance. It does not constitute wages, salary, commissions, dividends, interest, investment returns or any form of financial instrument. You are solely responsible for any tax obligations arising from the receipt of a Reward in your jurisdiction of residence.

17.6 The following statement is provided in accordance with CFTC Rule 4.41 and applies to any simulated or hypothetical performance presented on the Website or through the Services:

These results are based on simulated or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Also, because these trades have not actually been executed, these results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.

17.7 Testimonials, trader stories, statistics and Reward amounts shown on the Website or in our communications relate to simulated trading only. They are not representative of the experience of all Customers, individual results vary, and they do not guarantee any future result.

18. Right to Withdraw and Contract Termination

18.1 Where required by applicable consumer law, you may withdraw from the contract without giving any reason within 14 days of its conclusion. This right is lost if you place any simulated trade before the end of that period, because by doing so you expressly request that BrightFunded Futures begin providing the Services.

18.2 To exercise the right to withdraw, you must inform BrightFunded Futures of your decision by a clear statement sent to [email protected] within the withdrawal period.

18.3 BrightFunded Futures will confirm receipt of your withdrawal notice by email.

18.4 If you validly withdraw from the contract, BrightFunded Futures will refund all payments received from you without undue delay and in any event no later than 14 days from the day it is informed of your decision. The refund will be made using the same means of payment you used for the original transaction, unless you have expressly agreed otherwise, and you will not incur any fees as a result.

18.5 BrightFunded Futures may terminate the contract immediately if you breach these Terms, as described in Section 14. In that case, any fees paid are forfeited and no refund will be issued. BrightFunded Futures also reserves the right to pursue any other remedy available under law.

19. Modifications to these Terms

19.1 BrightFunded Futures may, at its sole discretion, revise, update, change, add or remove parts of these Terms at any time. Changes take effect immediately when the revised Terms are posted on the Website or when you are notified by email or through the Client Section. Changes apply only going forward.

19.2 You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. By continuing to access or use the Services after the revised Terms take effect, you agree to be bound by them. If you do not agree with the revised Terms, you must stop using the Services.

20. Complaints, Governing Law and Dispute Resolution

20.1 If you have any complaint, feedback, inquiry or issue related to the Services or these Terms, please contact BrightFunded Futures by email at [email protected].

20.2 When contacting BrightFunded Futures, please provide your name, email address and any other information that helps us identify you and address your concern. If you do not respond to a request for additional information within a reasonable time, your complaint or inquiry may not be processed further.

20.3 BrightFunded Futures will work diligently and cooperatively with you to address your concerns and reach a mutually satisfactory resolution.

20.4 Governing Law. These Terms, and any relationship arising from or related to them (including noncontractual relationships), are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws rules. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of Clause 20.5.

20.5 Binding Individual Arbitration. Except as provided in Clause 20.6 and in paragraphs (a) and (b) of this Clause 20.5, any dispute, controversy or claim arising out of or relating to these Terms or the Services, including their validity, breach or termination, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, before a single arbitrator. The arbitration shall be seated in the State of Wyoming, United States, and may be conducted by videoconference or, where an in person hearing is required under the AAA rules, at a location reasonably convenient to you. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability or enforceability of this arbitration agreement, except that the enforceability of the class action waiver in Clause 20.8 shall be decided by a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction. Each party remains free to: (a) bring an individual claim in small claims court where the claim qualifies; and (b) seek injunctive or other equitable relief from a court for the actual or threatened infringement or misappropriation of intellectual property rights or the misuse of the Services.

20.6 Arbitration Opt Out. You may opt out of Clause 20.5 by sending written notice to [email protected] within thirty (30) days of first accepting these Terms, stating your full name, the email address of your Client Section and a clear statement that you wish to opt out of arbitration. Opting out has no adverse effect on your relationship with BrightFunded Futures. If you validly opt out, or if Clause 20.5 is found inapplicable or unenforceable as to a particular claim, the parties submit to the exclusive jurisdiction of the state and federal courts located in the State of Wyoming for that claim and waive any objection to venue or to the convenience of that forum.

20.7 Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

20.8 Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding. If this waiver is found unenforceable as to a particular claim or jurisdiction, it shall be enforced to the maximum extent permitted, and the affected claim shall proceed on an individual basis in the courts specified in Clause 20.6, without affecting the rest of this Section 20.

20.9 Time Limit on Claims. To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, the claim is permanently barred.

20.10 Nothing in this Section deprives you of any mandatory protection granted to you by the consumer protection laws of your place of residence, where applicable.

21. Data Protection, Privacy and Cookies

21.1 The collection, use, storage and disclosure of your personal data are governed by the BrightFunded Futures Privacy Policy, available on the Website.

21.2 The use of cookies and similar tracking technologies on the Website is governed by our Cookie Policy, which forms part of our Privacy Policy.

21.3 Personal data, account data and identity verification data may be shared between BrightFunded Futures, its affiliates and their service providers for verification, compliance, fraud prevention, support and operational purposes, as described in the Privacy Policy.

21.4 By using the Services, you confirm that you have read and understood our Privacy Policy and Cookie Policy.

22. General Provisions

22.1 These Terms, together with the Privacy Policy, the Cookie Policy, the applicable Product Specifications, the rules and policies published on the Website and any separate agreement referred to in these Terms, form the entire agreement between you and BrightFunded Futures regarding the Services and replace all prior agreements, representations and understandings.

22.2 If there is any conflict between these Terms and the Futures Evaluation Services Agreement in relation to a SIM Funded Account, the Futures Evaluation Services Agreement prevails. The trading parameters of each Product are governed by the Product Specifications.

22.3 If any provision of these Terms is held invalid, illegal or unenforceable by a competent court, arbitrator or authority, that provision shall be modified to the minimum extent necessary to make it enforceable or, if that is not possible, shall be deemed removed, and the remaining provisions shall continue in full force and effect.

22.4 No failure or delay by BrightFunded Futures in exercising any right under these Terms operates as a waiver of that right.

22.5 You may not assign or transfer your rights or obligations under these Terms without the prior written consent of BrightFunded Futures. BrightFunded Futures may assign or transfer its rights and obligations at any time, including to an affiliate, without your consent.

22.6 Any provision of these Terms which by its nature should survive termination shall survive, including Clauses 4.3 to 4.5, 5.8, 5.9, 6.2 and 14.3 and Sections 10, 11, 13, 16, 17, 20 and 22.

22.7 Except for the affiliates and persons protected by Sections 13 and 16, no third party has any right to enforce these Terms.

22.8 These Terms are drafted in English. If there is any conflict between the English version and any translation, the English version prevails.

22.9 Nothing in these Terms is intended to deprive you of any statutory rights as a consumer, to the extent those rights cannot be changed or waived by contract under applicable law.

Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT NO ACTUAL TRADING OF ACTUAL FUTURES CONTRACTS IN ACTUAL MARKETS OCCURS THROUGH THE SERVICES. ALL TRADING IS SIMULATED. YOU ARE NOT REQUIRED TO DEPOSIT ANY FUNDS TO ENGAGE IN SIMULATED TRADING, AND THE FEES YOU PAY ARE FEES FOR THE SERVICES, NOT DEPOSITS OR INVESTMENTS. YOU MAY, IN THE CIRCUMSTANCES SET OUT IN THESE TERMS AND IN THE FUTURES EVALUATION SERVICES AGREEMENT, BE REQUIRED TO RETURN OR FORFEIT REWARDS.