Terms & Conditions

1. DEFINITIONS

For the purposes of these Terms and Conditions ("Terms," "Agreement," or "T&Cs"), the following definitions shall apply throughout:

1.1 "Leverage UP," "Company," "we," "us," or "our" refers to Leverage UP, LL, a limited liability company, which operates solely as a marketing partner and authorized reseller facilitating access to the Services provided by the Capital Provider. Leverage UP does not provide trading services, capital, platform operation, or payout processing of any kind.

1.2 "Capital Provider" refers to the independent third-party entity that owns, operates, and controls the Trading Platform, provides all simulated and/or live trading capital, establishes and enforces all Trading Rules, makes all Payout determinations, and is the actual provider of all Trading Services.

1.3 "User," "Trader," "you," or "your" refers to any individual or entity that accesses, registers for, purchases, or uses any Services offered through the Leverage UP website or platform.

1.4 "Services" refers collectively to all simulated trading evaluation programs, challenge programs, funded account programs, educational content, and any related products or services made available through the Leverage UP website, all of which are operated, managed, and provided by the Capital Provider.

1.5 "Trading Platform" refers to the electronic trading simulation platform owned, operated, maintained, and controlled exclusively by the Capital Provider, through which Users access simulated trading environments.

1.6 "Challenge" or "Evaluation" refers to any simulated trading evaluation program offered through Leverage UP's website, the rules, parameters, and outcomes of which are determined exclusively by the Capital Provider.

1.7 "Funded Account" or "Simulated Funded Account" refers to a simulated trading account provided by the Capital Provider to Users who have successfully completed the applicable Challenge, subject to the Capital Provider's sole discretion and ongoing evaluation.

1.8 "Payout" refers to any disbursement of funds from the Capital Provider to a User based on the User's simulated trading performance, subject to the Capital Provider's absolute and sole discretion.

1.9 "Trading Rules" refers to all rules, parameters, restrictions, limits, guidelines, and requirements governing the use of the Trading Platform and any Challenge or Funded Account, as established, interpreted, and enforced exclusively by the Capital Provider, and which may be amended by the Capital Provider at any time without notice.

1.10 "Violation" refers to any breach of Trading Rules, these Terms, or any other applicable policies, as determined solely and exclusively by the Capital Provider.

1.11 "Acceptance" refers to the act of clicking "I Agree," checking the acceptance checkbox, creating an account, making a purchase, or otherwise indicating assent to these Terms through electronic means.

1.12 "Fees" refers to all amounts paid by the User for access to any Challenge, Evaluation, or Service.

1.13 "Intellectual Property" refers to all trademarks, trade names, logos, designs, content, text, graphics, images, software, code, and all other proprietary materials owned by or licensed to Leverage UP.

1.14 "Prohibited Activities" refers to any conduct described in Section 9 of these Terms.

1.15 "Effective Date" refers to the date on which these Terms become effective, as indicated at the top of this document.

2. SERVICE DESCRIPTION & AGENCY RELATIONSHIP

2.1 Nature of Leverage UP's Role

LEVERAGE UP, LL ACTS SOLELY AND EXCLUSIVELY AS A MARKETING AGENT, AUTHORIZED RESELLER, AND REFERRAL PARTNER.

Leverage UP's role is limited to: (a) Marketing and promoting the Capital Provider's simulated trading evaluation services; (b) Facilitating User registration and purchase processing; (c) Providing customer-facing branding and marketing materials; and (d) Serving as a point of initial customer contact.

LEVERAGE UP DOES NOT, AND SHALL NOT:

• Provide, operate, maintain, or control the Trading Platform or any aspect thereof;
• Hold, manage, allocate, or provide any trading capital, whether real or simulated;
• Make, influence, participate in, or have any authority over any Payout decisions, approvals, denials, or processing;
• Establish, interpret, enforce, or adjudicate any Trading Rules or Violation determinations;
• Execute, manage, monitor, or control any trades or trading activity;
• Provide investment advice, trading recommendations, or financial guidance of any kind;
• Guarantee any outcomes, profits, Payouts, or results; or
• Exercise any control, authority, or discretion over any aspect of the trading services provided by the Capital Provider.

2.2 Capital Provider as Sole Service Provider

The User acknowledges and agrees that: (a) All trading services are provided exclusively by the Capital Provider; (b) The Capital Provider is an independent third-party entity, not owned, controlled, managed, or affiliated with Leverage UP beyond the scope of their marketing and reseller arrangement; (c) Any and all disputes arising from trading activity, Payout decisions, or rule interpretations shall be directed exclusively to the Capital Provider; (d) Leverage UP has no obligation or ability to intervene in any dispute between the User and the Capital Provider; (e) The User's contractual relationship for trading services is with the Capital Provider, and the User agrees to be bound by the Capital Provider's terms of service.

2.3 No Partnership or Joint Venture

Nothing in these Terms shall be construed to create any partnership, joint venture, employment relationship, or agency relationship (other than as expressly described herein) between Leverage UP and the Capital Provider, or between Leverage UP and the User.

2.4 No Fiduciary Duty

Leverage UP owes no fiduciary duty to any User. The relationship between Leverage UP and the User is solely a commercial transaction governed by these Terms.

2.5 Simulation Disclosure

THE SERVICES OFFERED THROUGH LEVERAGE UP ARE SIMULATED TRADING EVALUATION SERVICES.

The User acknowledges and agrees that: (a) No real money, securities, commodities, futures, options, forex, cryptocurrencies, or other financial instruments are being traded; (b) All trading activity occurs in a simulated environment controlled by the Capital Provider; (c) "Profits," "losses," "gains," and "account balances" are simulated figures; (d) The Services do not constitute investment advice, brokerage services, or any regulated financial service; (e) Leverage UP is not a broker-dealer, investment adviser, or any type of regulated financial entity; and (f) No regulatory authority has reviewed, approved, or endorsed the Services.

3. USER ELIGIBILITY & ACCOUNT REGISTRATION

3.1 Age Requirement

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (whichever is greater), to create an account, purchase any Service, or use the Trading Platform. Any account registered by a minor is void and subject to immediate termination without refund.

3.2 Legal Capacity

You represent and warrant that you have the full legal capacity and authority to enter into this Agreement. If accepting on behalf of a legal entity, you represent that you have the authority to bind such entity.

3.3 Jurisdictional Restrictions

You represent that your use of the Services does not violate any applicable law in your jurisdiction. Leverage UP and/or the Capital Provider reserve the right to restrict access from any jurisdiction at any time.

3.4 Account Registration

You agree to provide accurate, current, and complete information during registration. You are solely responsible for maintaining the confidentiality of your account credentials. One person may maintain only one (1) account unless otherwise authorized in writing by the Capital Provider. Multiple accounts may result in termination of all accounts without refund.

3.5 Identity Verification

You agree to provide any and all identity verification documentation requested, including government-issued identification, proof of address, and tax identification information. Failure to provide requested documentation may result in account suspension, termination, or Payout withholding.

4. CLICKWRAP AGREEMENT & ACCEPTANCE

4.1 Formation of Agreement

This Agreement is formed when you perform any of the following: (a) Clicking "I Agree," "I Accept," "Submit," or "Purchase"; (b) Checking the acceptance checkbox; (c) Creating an account; (d) Purchasing any Challenge or Service; (e) Accessing or using the Trading Platform; or (f) Continuing to use the Services after any modification.

4.2 Electronic Acceptance

You acknowledge that your electronic Acceptance constitutes a legally binding agreement equivalent to a handwritten signature under the E-SIGN Act (15 U.S.C. §§ 7001–7006), the Uniform Electronic Transactions Act (UETA), and applicable laws. Your Acceptance is knowing, voluntary, and informed.

4.3 Record of Acceptance

Leverage UP maintains records of your Acceptance, including IP address, timestamp, browser and device information, and the version of Terms accepted. These records constitute prima facie evidence of your agreement.

4.4 Ongoing Obligation to Review

It is your ongoing responsibility to review these Terms periodically. Continued use following modification constitutes binding acceptance of the modified Terms.

5. TRADING RULES & CHALLENGE PROGRAMS

5.1 All Trading Rules, Challenge parameters, evaluation criteria, profit targets, drawdown limits, and any other rules are established, interpreted, and enforced exclusively and solely by the Capital Provider.

5.2 The Capital Provider's terms of service and Trading Rules are incorporated into these Terms by reference.

5.3 The Capital Provider reserves the right to modify any Trading Rules or Challenge parameters at any time, with or without notice.

5.4 All Violation determinations are made exclusively and finally by the Capital Provider. The Capital Provider may use automated systems, algorithms, or manual review.

5.5 Leverage UP makes no guarantee that any User will pass or complete any Challenge, that rules will remain unchanged, or that any particular trading strategy will be permitted.

6. FEES & PAYMENTS

6.1 Challenge Fees. All Fees are listed on the website and subject to change without notice. All Fees are payable in United States Dollars (USD) unless otherwise specified.

6.2 Taxes. You are solely responsible for all applicable taxes, duties, levies, and assessments arising from your purchase and use of the Services.

6.3 Refund Policy. All sales are final. No refunds, credits, or exchanges will be issued once a Challenge account has been provisioned or trading activity has commenced. Chargebacks or payment disputes may result in immediate account termination, forfeiture of all account balances, and permanent ban.

6.4 Payment Processing. Payment processing is handled by third-party processors. Leverage UP is not responsible for any errors or security breaches by third-party processors.

6.5 Promotional Offers & Discounts. Any promotional pricing or discounts are subject to specific terms and may be withdrawn at any time without notice.

7. PAYOUTS & WITHDRAWALS

7.2 No Guarantee of Payout. LEVERAGE UP MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY THAT ANY USER WILL RECEIVE ANY PAYOUT AT ANY TIME. The User understands that: (a) Payouts are not guaranteed under any circumstances; (b) The Capital Provider may approve, deny, delay, modify, reduce, reverse, or withhold any Payout for any reason; (c) Historical Payouts do not create entitlement or precedent; (d) Marketing materials referencing Payouts do not constitute guarantees; (e) Payout schedules are estimates only.

7.3 Payout Eligibility. Determined exclusively by the Capital Provider based on compliance with Trading Rules, KYC/AML requirements, absence of Violations, and any other criteria.

7.4 Payout Denial. If denied, the User's exclusive remedy is against the Capital Provider. Leverage UP bears absolutely no responsibility for any denied, delayed, reduced, reversed, or withheld Payout.

7.5 Tax Obligations. The User is solely responsible for all tax obligations arising from any Payout received. Neither Leverage UP nor the Capital Provider provides tax advice.

8. ACCOUNT TERMINATION & SUSPENSION

8.1 Leverage UP reserves the right to suspend, restrict, or terminate your account at any time, for any reason or no reason, including: Violation of Terms, fraudulent activity, failure to provide identity verification, chargeback initiation, threatening behavior, or Prohibited Activities.

8.2 The Capital Provider independently reserves the right to suspend or terminate any User's access at any time.

8.3 Effect of Termination. All rights and licenses immediately cease; no refunds will be issued; any pending Payouts may be forfeited; surviving provisions include Sections 11–16, 18, and 20–21.

8.4 Account Abandonment. Accounts inactive for sixty (60) days or more may be deemed abandoned and terminated without notice. Any remaining balances may be forfeited.

9. PROHIBITED ACTIVITIES

9.1 General Prohibitions

You agree that you shall not, directly or indirectly:

• Use the Services for any unlawful purpose;
• Provide false, misleading, or inaccurate information;
• Create multiple accounts without written authorization;
• Share, transfer, sell, lease, or sublicense your account;
• Use automated trading systems, bots, or scripts unless expressly permitted;
• Exploit, manipulate, or abuse any platform feature, data feed, pricing error, or system vulnerability;
• Engage in market manipulation, spoofing, layering, or wash trading;
• Attempt to circumvent security features or risk management systems;
• Reverse engineer, decompile, or disassemble any software;
• Interfere with or disrupt the Services, servers, or networks;
• Use the Services to facilitate money laundering, terrorist financing, or sanctions evasion;
• Harass, threaten, defame, or abuse any staff or representatives;
• Attempt to manipulate or game the evaluation system;
• Collude with other Users to exploit the Services; or
• Engage in any activity deemed harmful by Leverage UP or the Capital Provider.

9.2 Consequences

Engagement in any Prohibited Activity may result in immediate account termination, forfeiture of all account balances and pending Payouts, permanent ban, and/or legal action. No refund will be issued.

10. RISK DISCLOSURES

10.1 General Risk Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING RISKS:

• Simulation Risk: Simulated results do not guarantee or predict real-world trading performance.
• No Investment Advice: Nothing provided constitutes investment, trading, financial, tax, or legal advice.
• Trading Risk: Trading involves substantial risk of loss. Past performance is not indicative of future results.
• Platform Risk: Subject to technical failures, system errors, data inaccuracies, and connectivity issues.
• Payout Risk: No guarantee of any Payout regardless of simulated performance.
• Rule Change Risk: Trading Rules may change at any time without notice.
• Third-Party Risk: Services depend on third-party infrastructure, data feeds, and payment processors.
• Business Continuity Risk: No guarantee that Services will continue indefinitely.
• Regulatory Risk: The regulatory environment is evolving.
• Capital Provider Risk: Leverage UP has no control over the Capital Provider's financial condition or operations.

10.2 Acknowledgment of Risk

By using the Services, you represent that you have read all risk disclosures, are willing to accept all risks, have not relied on any representation not stated in these Terms, and are financially capable of absorbing the loss of all Fees paid.

11. DISCLAIMERS OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEVERAGE UP EXPRESSLY DISCLAIMS ALL WARRANTIES, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; warranties that the Services will be uninterrupted, timely, secure, or error-free; warranties that results will be accurate or reliable; warranties that Payouts will be approved or received; and warranties that the Services are free of viruses or harmful components.

12. LIMITATION OF LIABILITY

12.2 Maximum Liability Cap. IN NO EVENT SHALL LEVERAGE UP'S TOTAL AGGREGATE LIABILITY EXCEED THE LESSER OF: (A) THE TOTAL FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

12.3 No Liability for Capital Provider Actions. LEVERAGE UP SHALL HAVE ABSOLUTELY NO LIABILITY FOR ANY ACT, OMISSION, DECISION, POLICY, OR CONDUCT OF THE CAPITAL PROVIDER, including denial of Payouts, Violation determinations, account terminations, platform failures, or data breaches.

12.4 You acknowledge that these limitations reflect a reasonable allocation of risk and are an essential basis of the bargain between you and Leverage UP.

13. INDEMNIFICATION

13.1 YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LEVERAGE UP AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: your use of the Services; breach of these Terms; violation of any law; any claim by the Capital Provider; negligence or fraud; chargeback or payment dispute; or any Prohibited Activity.

13.2 Leverage UP reserves the right, at its sole discretion and at your expense, to assume the exclusive defense and control of any matter subject to indemnification. You shall not settle any claim imposing obligations on Leverage UP without prior written consent.

13.3 These indemnification obligations survive the termination of these Terms.

14. DISPUTE RESOLUTION & BINDING ARBITRATION

14.1 Informal Resolution. Before initiating any formal proceeding, you agree to first contact Leverage UP in writing and attempt to resolve the dispute informally for at least sixty (60) days.

14.2 Binding Arbitration. IF NOT RESOLVED INFORMALLY, ALL DISPUTES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than in court.

14.3 Arbitration Rules. Administered by the American Arbitration Association (AAA) or JAMS, conducted by a single neutral arbitrator, in the English language, with the seat of arbitration in Wilmington, Delaware. The arbitrator shall apply the substantive law of the State of Delaware.

14.4 Individual Claims Only. All Disputes shall be resolved on an individual basis. The arbitrator may not consolidate or join claims. The arbitrator's award shall be final and binding.

14.5 Costs and Fees. Each party bears its own costs. The prevailing party may recover reasonable attorneys' fees. Frivolous claims may result in the claimant bearing all arbitration fees.

14.6 Exceptions. Either party may bring individual action in small claims court or seek injunctive relief for intellectual property rights.

14.7 Opt-Out Right. You may opt out of arbitration by sending written notice within thirty (30) days of initial Acceptance to the address in Section 22.

14.8 Waiver of Jury Trial. YOU AND LEVERAGE UP EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY.

14.9 Statute of Limitations. ANY CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, IT IS PERMANENTLY BARRED.

15. CLASS ACTION WAIVER

YOU AND LEVERAGE UP AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, CONSOLIDATED ACTION, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS IN A REPRESENTATIVE CAPACITY.

The arbitrator may not award relief on a class-wide, collective, consolidated, or representative basis. If the class action waiver is found unenforceable as to any particular claim, that claim shall proceed in court and be severed from remaining claims.

16. GOVERNING LAW & JURISDICTION

16.1 These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

16.2 For Disputes not subject to arbitration, exclusive jurisdiction and venue shall be in the state and federal courts located in New Castle County, Delaware.

16.3 The Federal Arbitration Act (9 U.S.C. §§ 1–16) shall govern interpretation and enforcement of the arbitration and class action waiver provisions.

17. MODIFICATIONS TO TERMS

Leverage UP reserves the right to modify these Terms at any time. Notice of material modifications will be provided via the website, email, or in-app notice. YOUR CONTINUED USE OF THE SERVICES AFTER ANY MODIFICATION CONSTITUTES YOUR BINDING ACCEPTANCE. If you do not agree, your sole remedy is to discontinue use.

18. INTELLECTUAL PROPERTY

18.1 Ownership. All Intellectual Property is the exclusive property of Leverage UP or its licensors.

18.2 Limited License. Subject to compliance with these Terms, Leverage UP grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial use only.

18.3 Restrictions. Without express written consent, you shall not screenshot, capture, record, or stream any portion of the Trading Platform; reverse engineer any software; remove proprietary notices; or use Leverage UP's Intellectual Property in any manner that could damage its reputation.

18.4 User Content. By submitting any content to Leverage UP, you grant a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, transferable, sublicensable license to use, reproduce, modify, and distribute such content.

19. DATA, PRIVACY & COMMUNICATIONS

19.1 By using the Services, you consent to the collection, processing, and sharing of your data with the Capital Provider and third-party service providers as necessary.

19.2 Leverage UP's Privacy Policy is incorporated by reference.

19.3 By creating an account, you consent to receive communications from Leverage UP by email, SMS, or push notification. You may opt out of marketing communications but not transactional communications.

19.4 If you are a resident of the EEA, UK, or California, you may have certain data protection rights under GDPR or CCPA. Contact Leverage UP at the address in Section 22 to exercise these rights.

19.5 The website and Services use cookies, pixels, and other tracking technologies in accordance with the Privacy Policy.

20. SEVERABILITY

If any provision is held to be invalid or unenforceable, it shall be modified to the minimum extent necessary to make it valid, or severed without affecting the remaining provisions. Overbroad provisions shall be reformed to the maximum extent permitted by law.

21. ENTIRE AGREEMENT & GENERAL PROVISIONS

21.1 Entire Agreement. These Terms, together with the Privacy Policy and all incorporated policies, constitute the entire agreement and supersede all prior agreements.

21.2 No Waiver. Failure to enforce any provision shall not constitute a waiver.

21.3 Assignment. You may not assign your rights without written consent. Leverage UP may freely assign its rights.

21.4 Force Majeure. Leverage UP shall not be liable for failure or delay due to causes beyond reasonable control.

21.5 Section headings are for convenience only.

21.6 Third-Party Beneficiaries. The Capital Provider is an intended third-party beneficiary of Sections 2, 7, 11, 12, and 13 and may enforce such provisions directly against the User.

21.7 Rights and remedies under these Terms are cumulative.

21.8 These Terms shall not be construed against Leverage UP solely because Leverage UP drafted them.

21.9 Notices. All notices to Leverage UP must be sent to the address in Section 22. Notices to you may be sent to your account email or posted on the website.

21.10 Nothing in these Terms creates any partnership, joint venture, or employment relationship between you and Leverage UP.

22. CONTACT INFORMATION