Terms of Use
PROFUNDED TERMS OF USE / TERMS AND CONDITIONS
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ProFunded is not a broker, does not trade real funds, and offers simulation-based challenges purely for evaluation and educational purposes.
1. INTRODUCTION.
a) Thank you for choosing ProFunded (“ProFunded” or the company SWISSBULL GROUP – FZCO), a legally recognized Limited Liability proprietary trading firm duly registered and operating in accordance with the rules and regulations of the Dubai Integrated Economic Zones Authority (DEIZA), pursuant to Law no. 16 of 2021 by H.H. Ruler of Dubai, and situated in the Emirate of Dubai in the United Arab Emirates (UAE). The following Terms of Use (“TOU” or “Agreement”) serve as a binding agreement between ProFunded and you, the user (“Trader“). This TOU outlines the guidelines and conditions under which you may access and use offerings and trading challenges (collectively, the “Services”) Provided through our website, https://www.profunded.com/ By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by this TOU. We encourage you to take your time and review this TOU carefully to ensure that you are fully informed about your rights and obligations with respect to using the Services.
b) Should the user find any part of this TOU unacceptable, they are advised not to access the website or utilize any of the Services. If this TOU are Considered as an offer, then the use of the Services is considered acceptance of this TOU.
c) ProFunded does not provide brokerage services, investment advice, or access to real trading accounts. All trading is conducted in a simulated environment using demo accounts. Any fees paid are for evaluation and educational purposes only. No capital is deposited, managed, or invested on behalf of the user.
2. MODIFICATION/CHANGES.
a)The Company reserves the right to suspend, replace, modify, amend, or terminate this TOU at any time and within its sole and absolute discretion. If the Company replaces, modifies, or amends this TOU, your continued use of the Services after the effective date of the said changes will constitute your acceptance to any replacement, modification, or amendment to this TOU.
3. NOT INVESTMENT ADVICE OR SERVICES.
b)The Services offered to Traders by ProFunded should not be regarded as investment services. ProFunded does not provide Traders with any advice, instructions, or information on how to conduct transactions while using the services or on any investment instruments involved, nor does ProFunded accept such advice, instructions, or information from Traders. The Services and any guidance provided do not constitute investment advice. Employees, staff, and representatives of ProFunded are not authorized to offer investment advice or recommendations. Should any communication from ProFunded ‘s employees, staff, or representatives be misconstrued as investment advice or recommendations, ProFunded clearly states that such information does not constitute investment advice or recommendations and is not liable for them.
4. TRADER ELIGIBILITY AND REPRESENTATIONS.
a)When you engage with our Services, you affirm that you are at least eighteen (18) years of age, possess sound judgment, and have the legal capacity to accept and adhere to the terms and conditions of this Agreement. If you are accessing the Services on behalf of a company or another third party, you confirm that you are duly authorized to act on behalf of that entity and have the authority to bind them to this Agreement.
b)You also declare that your use of the Services is in compliance with all applicable laws, regulations, ordinances, statutes, or treaties relevant to individuals or business entities in your jurisdiction. Additionally, you assure that there are no existing agreements that restrict or prohibit you from entering into this Agreement.
5. OUR SERVICES.
a)What we do: ProFunded is a proprietary trading firm that specializes in offering traders the opportunity to access funding for trading through the completion of trading challenges. It provides a unique platform for traders to showcase their skills in the dynamic world of trading (forex, indices, crypto and commodities). Successful participants in these challenges are granted access to demo funded accounts, enabling them to trade using capital from ProFunded. Profits generated from these trades are shared with the traders, allowing them to earn a profit split as a reward for their successful trading strategies, which can reach up to 95% of the total profits.
b)How to join us: To become a part of ProFunded, interested traders are required to select a challenge level (from the PROFUNDED TRADING CHALLENGE (PFTC)) that aligns with their trading experience and expertise. Each challenge level comes with an associated fee, which must be paid upon registration. Upon successful enrollment, traders gain the opportunity to engage in trading activities in accordance with the established rules and guidelines of the selected challenge level. Traders can access these challenges after passing the Verification Process, each with different features. The Evaluation process allows limited use of some Services and is intended to determine the skills and competency of Traders before providing them with a funded live account. Completion of the Evaluation does not automatically grant access to other Services. ProFunded Trading Challenge varies based on the chosen option, including initial capital, acceptable risk level, and other parameters. Detailed information about each option and its fees can be found on our website and in this Agreement. The final fee is based on your selected option when ordering the ProFunded Trading Challenge. We may offer Services under individually negotiated terms, decided at our discretion. Individual discounts and benefits cannot be combined unless explicitly stated by us.
c)Trading Currencies: ProFunded offers its traders the flexibility to trade in a diverse range of assets including but not limited to Forex, Indices, Crypto and Commodities, ensuring that traders have access to a broad spectrum of trading options. The specific markets available for trading are meticulously chosen and regularly updated to reflect the prevailing market trends, ensuring that traders have access to the most relevant and potentially lucrative trading opportunities.
d)Trading Platforms we use: Trading platform operators are separate entities from us, and their terms and privacy policies apply when using their services. You must read these terms and policies before submitting an order form. If you place numerous Service orders within a short period, we may contact you via the Trader’s Portal/Dashboard or email as a precaution against harmful or gambling behavior. Continued unreasonable behavior after notification may lead to suspension of further Service orders. If such behavior is linked to Forbidden Trading Practices, actions as outlined in this Agreement, may be taken. We reserve the right to define and set reasonable boundaries for such behavior.
e) ProFunded is not a broker, does not facilitate real trades, and does not accept investor deposits. All trades take place on demo platforms that simulate real market conditions but may differ in slippage, fills, and latency. Users should not expect real-world execution behavior or outcomes.
f) ProFunded’s Services are not designed to offer or guarantee any financial returns. The Services are structured solely for skills evaluation and educational training purposes.
6. ACCOUNT CREATION OR REGISTRATION.
a) When signing up as a Trader, you will be required to furnish personal details such as, but not limited to, your full name, email address, postal address, contact number, date of birth, along with a unique username and password for your account. The information you provide will be governed by our privacy policy, which can be found on our website. Your account is exclusively yours and is not to be shared with anyone else. Additionally, you are prohibited from acquiring an account for someone else or having a third party purchase an account for you. You are responsible for safeguarding the secrecy of your account credentials. In the event of any suspicion of unauthorized access to your account, it is imperative to inform the Company immediately.
b) Each Trader is permitted to have only one active account per challenge level unless prior written consent is obtained from the Company. It’s crucial that all information you submit through the registration form or Client Section is accurate and up-to-current. You must promptly inform us of any changes or update your details in the Trader Portal. The accuracy and currency of the provided data are your responsibility; we are not obliged to verify this information.
7. PROFUNDED TRADING CHALLENGE (PFTC).
a)ProFunded’s Proprietary Trading Challenge (PFTC) offers a pioneering opportunity in the market. This program is designed for dedicated traders, providing a chance to earn profits using allocated funds while accessing educational resources from the ProFunded Academy. The PFTC is a unique multi-step evaluation system, including Demo stages and a Live stage, aimed at offering additional capital to skilled traders and uncovering their latent trading abilities.
b)The Successful completion of the PFTC qualifies participants to become a ProFunded Trader, entitling them to manage a funded Demo account with up to FIVE HUNDRED THOUSAND DOLLARS ($500,000) and with the option to scale to up to TWO MILLION DOLLARS ($2,000,000). ProFunded Academy supports this journey, offering a wealth of educational tools, courses, lectures, and coaching to guide traders towards financial independence. The PFTC is not just a challenge but a pathway to success in the dynamic world of trading.
8. EVALUATION PROCESS IN THE (PFTC).
a)PFTC Evaluation Phase: The ProFunded Trading Challenge (PFTC) commences with the PFTC Evaluation, serving as the initial demonstration phase. In this phase, participants are required to exhibit their trading proficiency and strict adherence to our predefined Trading Objectives. This stage is crucial as it sets the foundation for participants’ progression in the PFTC program. Only those who successfully meet the criteria of trading expertise and compliance with the Trading Objectives will advance to the subsequent phase of Verification.
b)Verification Phase: Verification constitutes the concluding demonstration phase prior to attaining the status of a PFTC Trader. This phase demands participants to consistently demonstrate their trading acumen. Successful navigation through this phase, marked by consistent and proficient trading results, qualifies participants to progress to the PFTC Live Account stage. The Verification phase is pivotal in ensuring that only those with proven and consistent trading skills are promoted to trade with actual funds.
c)Becoming a ProFunded Trader: Upon successful completion of the Verification phase, participants are elevated to the esteemed role of a ProFunded Trader. As a ProFunded Trader, individuals are entrusted with a funded account to trade as they please. It is imperative for ProFunded Traders to trade judiciously and aim for steady profit generation. As a reward for their skill and discipline, ProFunded Traders are entitled to retain up to NINETY FIVE PERCENT (95%) of the profits earned from their trading activities. This phase underscores the importance of responsible and strategic trading, reflecting the core values and objectives of the ProFunded Trading Challenge.
d)ScaleUp® (Account Scaling):
ProFunded offers its traders unlimited growth potential through its ScaleUp® program, in which ProFunded traders have the opportunity to prove their talent and access larger amounts of capital.
2 and 1 Step Challenges:
After becoming a ProFunded trader, you will have the opportunity to grow and scale your account in increments of 25% of your initial ProFunded account balance, up to a total balance of TWO MILLION DOLLARS ($2,000,000). To be eligible for a ScaleUp®, a ProFunded Trader must have 3 consecutive profitable months, netting a total profit of at least 10% over this 3 month period.
Example:
A $100,000 ProFunded Account, making $10,000 in total profit over 3 months, will be eligible to ScaleUp® for FREE to a $125,000 ProFunded Account, where the same trading rules as in the previous account will apply. This process may be repeated up to a balance of TWO MILLION DOLLARS $2,000,000.
Instant Funding:
With an Instant Funding account, a Profunded Trader will have the option to double their account size every time 10% profits are reached. This process has no time restrictions (minimum or maximum) and can be repeated up to a maximum Instant Funding balance of $1.6M. ScaleUp® on an Instant Funding account will reset the account.
Example:
A $50,000 Instant Funding ProFunded Account, making $5,000 in total profits, will be eligible to ScaleUp® for FREE to a $100,000 ProFunded Account, where the same trading rules as in the previous account will apply. This process may be repeated up to a balance of $1,600,000.
This Evaluation Process is designed to rigorously assess and cultivate trading expertise, ensuring that only the most skilled and disciplined traders are granted the privilege and responsibility of managing a PFTC Live Account.
9. CHALLENGE LEVELS AND ACCOUNT BALANCE.
a)With respect to the PFTC, we offer a tiered approach to suit traders of varying expertise. Our challenge levels are meticulously designed to cater to different stages of trading proficiency, each with its unique set of features and objectives including full (100%) refund if the Trader successfully completes the challenge level and reaches their first profit split day. Below is a detailed overview of each level:
2 STEP CHALLENGE
Features:
- 2 Step Assessment Process
- Refundable Fee
- Unlimited Trading Period
- Up to 95% Profit Split
- Trade Forex, Indices, Crypto and Commodities
- Leverage
- Forex Leverage: 1:100
- Commodities Leverage: 1:50
- Indices Leverage: 1:25
- Crypto Leverage: 1:10
Stage 1 Objectives:
- Profit Target: 8%
- Max Trailing Drawdown: 10%
- Max Daily Drawdown: 5%
- Minimum Trading Days: 0
Stage 2 Objectives:
- Profit Target: 5%
- Max Trailing Drawdown: 8%
- Max Daily Drawdown: 5%
- Minimum Trading Days: 0
Funded Objectives:
- Profit Target: Unlimited
- Max Drawdown: 8%
- Max Daily Drawdown: 5%
- Payout Schedule: 7 or 14 Days
- Profitable Trading Days: 7
1 STEP CHALLENGE
Features:
- 1 Step Assessment Process
- Refundable Fee
- Unlimited Trading Period
- Up to 95% Profit Split
- Trade Forex, Indices, Crypto and Commodities
- Up To 1:100 Leverage
Stage 1 Objectives:
- Profit Target: 8%
- Max Drawdown: 6%
- Max Daily Drawdown: 4%
- Minimum Trading Days: 0
Funded Objectives:
- Profit Target: Unlimited
- Max Drawdown: 6%
- Max Daily Drawdown: 4%
- Payout Schedule: 7 or 14 Days
- Profitable Trading Days: 7
CHALLENGE LEVELS
Prices are the same for 1-Step and 2-Step Challenges
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1) $5,000 Account
Account Balance: $5,000
Challenge Fee: $79
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2) $10,000 Account
Account Balance: $10,000
Challenge Fee: $99
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3) $25,000 Account
Account Balance: $25,000
Challenge Fee: $239
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4) $50,000 Account
Account Balance: $50,000
Challenge Fee: $469
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5) $100,000 Account (Best Seller)
Account Balance: $100,000
Challenge Fee: $549
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6) $200,000 Account
Account Balance: $200,000
Challenge Fee: $1,049
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7) $500,000 Account
Account Balance: $500,000
Challenge Fee: $2,499
b)The above outlines the structure and requirements of the six challenge levels within the ProFunded Trading Challenge (PFTC). Each level is designed to cater to traders of varying experience and skill, with escalating account balances and corresponding objectives. The consistent features across all levels ensure a uniform trading experience, while the specific objectives set clear targets for traders to achieve at each level. The challenge fee for all 1 Step and 2 Step challenges is fully refundable if the Trader successfully completes the level, upon the first payout. The challenge fee will also be applied to subsequent challenge levels.
c) INSTANT FUNDING
Features:
- Instant Access to Funding
- Unlimited Trading Period
- Up to 95% Profit Split
- Trade Forex, Indices, Crypto and Commodities
- Up To 1:100 Leverage
Funded Objectives:
- Profit Target: Unlimited
- Max Drawdown: 6%
- Max Daily Drawdown: 4%
- Payout Schedule: 7 or 14 Days
- Profitable Trading Days: 7
- Payout Threshold: 5%
CHALLENGE LEVELS
Prices are the same for 1-Step and 2-Step Challenges
Instant Funding fees are non-refundable, since there is no trading challenge necessary before accessing the Funded Stage. Minimum withdrawal threshold is 10% for Instant Funding accounts.
10. FEES AND PAYMENT.
a)Fee Structure for Trading Challenges: The fee for participating in ProFunded ‘s Trading Challenges varies based on the selected option. This fee is dependent on factors such as initial capital amount, acceptable risk level, and specific challenge parameters that must be met for successful completion of the Trading Challenge and subsequent Verification. Detailed information about each option and its associated fees is available in this TOU and in the Trader Portal. The final fee is determined at the time of selecting an option on the order form. ProFunded reserves the right to offer Services under individually negotiated conditions, which are determined at our discretion.
b)Challenge Selection and Verification: The option selected for the Trading Challenge applies to the subsequent Verification phase. The parameters and currency used in the Verification will correspond to those chosen for the Trading Challenge. Once an option is selected, it cannot be changed, except when ordering a new Trading Challenge. Upon submitting the order form for the Services and/or the selected challenge level, ProFunded will confirm receipt via email, and the contract shall be executed upon payment of the selected option’s fee.
c)Order Limitations: If a Trader places an excessive number of orders within a short period, ProFunded may issue a warning to mitigate potential harmful behavior. Continued unreasonable behavior may result in suspension of further Service orders. If such behavior is linked to Forbidden Trading Practices, appropriate actions as outlined in this TOU will be taken. ProFunded reserves the right to determine the nature of such behavior and set reasonable boundaries for these determinations.
d)Fee Adjustments: ProFunded maintains the right to unilaterally modify the fees and parameters of the Services at any time. Changes will not affect Services already purchased prior to the notification of such changes.
11. PAYMENT TERMS.
a)Methods of Payment: Traders can pay the fee for their selected Trading Challenge option using various methods, including debit/credit cards, cryptocurrency, or any other payment methods available on the Website. The fees for ProFunded‘s Trading Challenge options are denominated in USD. However, payment can also be made in other currencies not specified on the Website, depending on the region of each Trader. Traders should be aware that if payment is made in a currency different from the one selected on the Website, the amount will be converted based on the current exchange rates at the time of payment.
b)Payment Processing and Obligations: For payments made via visa card or any other express payment method, the transaction is completed immediately. The fee is considered paid when the full amount is credited to ProFunded’s account. If the payment is not made in a timely manner, ProFunded reserves the right to cancel the order. The Trader is responsible for any fees charged by their chosen payment service provider in connection with the transaction. It is the Trader’s duty to ensure that the full fee for the selected Trading Challenge is paid, covering all associated transaction costs.
c)Inclusive Service Charges and Tax Obligations: All service charges are inclusive of applicable taxes. Traders are responsible for fulfilling all tax obligations related to the use of our Services in accordance with the prevailing laws. This includes the proper payment of any taxes or other fees, if applicable. Traders are encouraged to review these terms carefully and ensure they understand their obligations and options when making payments for ProFunded services.
12. TRADER’S PORTAL OR DASHBOARD.
a)Single Client Portal or Dashboard Policy: Each Trader is entitled to only one Trader’s Portal. All services available by the Trader must be consolidated and managed within this singular Trader’s Portal. The number of ProFunded Trading Challenges and Verifications per Trader’s Portal may be subject to limitations. These limitations are based on the cumulative initial capital amounts of the products ordered or other defined parameters. Unless explicitly authorized by ProFunded, Customers are prohibited from transferring or combining initial capital amounts across different products. Similarly, the transfer or amalgamation of performance metrics, service parameters, data, or any other related information between products is not permitted.
b)Security and Usage of Trader’s Portal and Trading Platform: Access to the Trader’s Portal and Trading Platform is secured by login credentials, which must not be disclosed or shared with any third parties. If a Trader registers as a legal entity, they may authorize their employees or representatives to use the Services via their Trader’s Portal. The Trader bears full responsibility for all activities conducted through their Trader’s Portal and/or Trading Platform. ProFunded is not liable for any misuse of the Trader’s Portal, Trading Platform, or any part of the Services, nor for any adverse consequences that arise due to such misuse attributable to the Trader.
c)Service Availability and Data Security: Traders should be aware that the Services, including access to the Trader’s Portal and Trading Platform, may not be available at all times, especially during periods of maintenance, upgrades, or for other reasons. ProFunded is not responsible for, nor owes any compensation for, the unavailability of these services or for any damage or loss of data or content uploaded, transferred, or saved through the Client Section or Trading Platform.
d)Deleting the Dashboard: Traders may request the deletion of their Dashboard at any time by emailing [email protected]. Such a request will be treated as a contract termination initiated by the Trader, resulting in the forfeiture of their right to use the Services, including the Dashboard and Trading Platform. ProFunded will promptly confirm the receipt of the deletion request via email, thereby concluding the contractual relationship. In this event, Traders are not entitled to any refund of previously paid fees or reimbursement of incurred losses or costs, if any.
e)Third-Party Platform Operators: Traders must acknowledge that trading platform operators are separate entities from ProFunded, and their terms, conditions, and privacy policies apply when using their services. Traders are required to review these terms before submitting an order form.
13. PROFUNDED RULES FOR DEMO TRADING.
a)Acceptable Trading Practices: During demo trading on ProFunded’s Trading Platform, you are permitted to conduct various transactions, provided they do not fall under the category of forbidden trading strategies or practices as detailed in this Agreement. You are expected to adhere to standard market practices and rules applicable to financial market trading, such as those pertaining to risk management. Be aware that the Trading Platform you choose may impose its own set of restrictions.
b)Data Handling Consent: You acknowledge that ProFunded has access to the details of your demo trades on the Trading Platform. By engaging in demo trading, you consent to ProFunded sharing this information with affiliated groups or entities and authorize them to manage this information as they see fit. This consent includes automatic handling of your data without the need for additional approval from you, and you will not be entitled to any compensation related to the use of this data. ProFunded understands that your demo trading does not constitute investment advice. You have the right to pause your demo trading at any time. ProFunded is not responsible for the accuracy of information displayed on the Trading Platform, nor for any interruptions, delays, or inaccuracies in the market information provided on your Dashboard.
c)Prohibited Trading Practices: During demo trading, the following practices are strictly prohibited:
- i.Using external or slow data feeds for trading.
- ii.Violating the terms and conditions of ProFunded and the Trading Platform.
- iii.Exploiting service errors, such as incorrect price displays or delayed updates.
- iv.Using software or methods that unfairly manipulate or abuse ProFunded’s systems.
- v.Using VPN, VPS or any other software to conceal IP and/or location, a strategy commonly used to illegally game proprietary trading services
- vi.Engaging in manipulative trades, including opposite positions across connected accounts.
- vii.Trading in ways that contradict standard financial market practices or could harm ProFunded. ProFunded reserves the right to define and identify Forbidden Trading Practices.
- viii. HFT or High Frequency Trading, copy trading.
d)Consequences of Prohibited Practices: Engagement in Forbidden Trading Practices may lead to:
- i.Immediate cancellation of all Services and termination of the Agreement.
- ii.Failure to meet the conditions of ProFunded’s Trading Challenge or Verification.
- iii.Removal of violating transactions from your trading history and exclusion from profit/loss calculations.
e)Trading Account Management & Right of Refusal
The Company has the right to conclude the contract of the ProFunded Trading Evaluation account with the Customer during any part of the Trading Evaluation. Should any concerns about user activity and excessive risks on any account arise, the company will attempt to contact the user immediately to conduct an interview and discuss employed trading practices. The company will attempt to find a remedy for the situation. However, should there be no remedy for concerns, the company reserves the right to terminate this Agreement immediately. Such concerns may include:
The Company’s potential for suffering financial losses;
Investors of the company’s potential for suffering financial losses;
The potential damage to the Company’s reputation due to unreasonable usage of the platform;
Protection of Capital. The evaluator is under a contractual obligation to protect company funds at all times. Should the company suspect that the user’s practices employed on a Demo account would not be replicable in live market conditions, the company reserves the right to terminate a contractual relationship with the user.
Termination of Agreement Due to Concerns, Trading Violations, And Ethics. Any of the following violations will result in immediate termination of our contractual relationship unless you are able to justify the occurrence: Any form of arbitrage performed in your trading account – e.g., usage of specialized software programs that are designed to exploit possible price latencies on a Trading Platform or that allow for the use of technological and/or algorithmic trading patterns that are aimed at exploiting price latency/priced freezes for arbitrage opportunities on a Trading Platform, thus resulting in unrealistic and/or fake profits on a trading account, which would not be possible within the real trading environment. Any form of HFT or HFT-like trading systems are not applicable to live market conditions due to latency, commission, spread, and slippage limitations. Any form of martingale and grid trading strategies is not tolerated due to its nature of high leverage and high risk over a large series of trades. Abuse of technological issues of a broker, intentional or otherwise, where opening and closing prices might be readjusted and users will be able to continue trading, which would decrease the profitability or increase the loss, this data will not be taken into account for ‘passing qualification’. Usage of guaranteed ‘Take Profit’ and ‘Stop Loss’ to trade news/price and weekend gaps, due to its possibility in a demo account.
Difference between Demo and Real Accounts.
The user confirms a good understanding of major differences between Live and Demo trading, which include but are not limited to the following: In most cases – Demo accounts have better prices and abnormal execution behavior relative to the markets. Therefore, a user has to consider that an employed trading system should be able to perform profitably in a real market scenario, even with a slightly less favorable spread. Demo accounts have no or very little (artificial) slippage, due to no real liquidity. Unlike Demo accounts, Real accounts with trades over 1 Standard Lot might not be filled immediately or fully on a Real Account. On a real account ‘Stop Loss’ and ‘Take Profit’ are filled only at the level of the closest available liquidity, not at the level of a set price. Orders on Demo accounts are executed at the quoted price, whereas the quoted price of a Real account displays the last available quote of an instrument, not necessarily the available quote.
e)Enforcement and Third-Party Account Breach: If Forbidden Trading Practices are detected across various accounts or combined trading scenarios, ProFunded may cancel all Services and terminate all related contracts at its discretion. Use of ProFunded Trader accounts in Forbidden Trading Practices may breach third-party terms and lead to account cancellation and termination of agreements by the third-party provider. Repeated engagement in Forbidden Practices, despite prior notification, may result in restricted access to all Services, including the Dashboard and Trading Platform, without compensation or refund of fees paid.
f)External Trading Activities: ProFunded is not liable for any trading or investment activities conducted outside its Services, even if such activities utilize the same Trading Platform as for demo trading.
g)Market Risks and Performance: Financial markets are subject to rapid and significant changes. Trading may not always be profitable and can incur substantial losses. Past performances in demo trading do not guarantee future success or profits.
h)The Provision and Incorporation of Guidelines: ProFunded shall make available the guidelines pertinent to the Services and/or challenges on its website and through electronic mail communication upon an individual’s commencement as a Trader. These guidelines, subject to modification at ProFunded’s exclusive discretion, are hereby fully integrated into this Agreement. ProFunded explicitly disclaims any representations, warranties, or guarantees, whether express or implied, regarding future employment prospects as a Trader, monetary remuneration, or any form of compensation or reward contingent upon a Trader’s performance.
i)Inactivity Rule
If a trader does not place any trades for 30 days, their account will fail. Once the account has failed, it cannot be reactivated. The trader will need to start a new challenge to regain access. Consistency is key to trading success, as regular participation and discipline help traders develop strong strategies and long-term profitability. By ensuring that only active traders maintain access, we can effectively allocate resources to those who are fully engaged in managing their accounts, creating a fair and competitive trading environment. Inactivity Rule applies for Evaluation, Verification and Funded Accounts.
14. PROFUNDED PROHIBITED PRACTICES.
a)Legal and Rights Compliance: Traders are strictly prohibited from using the Services in any manner that violates local, state, provincial, national, or international laws, statutes, ordinances, ordinances, or regulations. Additionally, the use of the Services to infringe upon third-party rights, including but not limited to intellectual property, privacy, publicity, or other personal or proprietary rights, is expressly forbidden.
b)Restrictions on Service Misuse: Traders are expressly forbidden from engaging in activities such as scraping, crawling, framing, unauthorized linking, aggregating, hacking, performing denial of service (DOS) attacks, reverse engineering, or bypassing the technological protection measures of the Services or ProFunded’s website.
c)Spam and Unauthorized Content: Using the Services or ProFunded’s website to send unsolicited commercial emails to third parties or other Traders of ProFunded is prohibited. While ProFunded is not responsible for content posted by its Traders and does not actively monitor such content, it reserves the right to remove any such content.
d)Prohibited Trading Strategies: Traders are prohibited from employing any trading strategy explicitly forbidden by ProFunded or its affiliated trading platforms. Prohibited Trading includes, but is not limited to:
- i.Front-running trades.
- ii.Using non-public or insider information.
- iii.Exploiting pricing or platform errors or latency from the platforms.
- iv.Trading in a manner that creates regulatory issues for the platforms.
- v.Using third-party or marketed strategies to pass assessment challenges.
- vi.Engaging in Equity CFDs at the end of the trading day to profit from market gaps.
- vii.Arbitraging an account with another account within ProFunded or any third-party company.
- viii.Trading in ways that harm ProFunded’s relationships with affiliated platforms or lead to trade cancellations.
- ix.Switching strategies between assessment and funded accounts, as determined by ProFunded.
- x. Using trading strategies that are difficult to replicate in the live market, or come at a heightened risk when attempting to do so. This includes but is not limited to: trades that would risk being auto-deleverage due to Margin Requirements, trades resulting in exceedingly large fluctuations in unrealized gains/losses, and more.
- xi. Account sharing of any nature, including but not limited to sharing credentials with other users and/or trading multiple accounts from the same household, devices, or IP address
e)Consequences of Prohibited Trading: If ProFunded detects Prohibited Trading, the Trader’s participation will be terminated, which may include the forfeiture of any fees paid. Before receiving a funded account, trading activities will be reviewed to identify Prohibited Trading and If any is found, the Trader will not receive a funded account. ProFunded reserves the right to disallow or block any Trader from participating in its program for any reason, at ProFunded’s sole and absolute discretion.
15. INTELLECTUAL PROPERTY RIGHTS (IPRs).
a)Trademark Ownership and Usage Restrictions: You acknowledge that all trademarks, trade names, design marks, or logos displayed on ProFunded’s website are either common law or registered trademarks owned by or licensed to ProFunded. You are strictly prohibited from using ProFunded’s trademarks in a manner that could confuse, mislead, or deceive consumers, or falsely imply endorsement or origin of your products or services. Additionally, the use of ProFunded’s trademarks in domain names, keyword advertisements, trigger keyword advertisements, or meta tags is expressly forbidden. Trademarks not owned by ProFunded are the property of their respective owners.
b)IPRs and Website Use: ProFunded, along with its suppliers and licensors, reserves all intellectual property rights in all text, programs, products, processes, technology, content, and other materials on its website. Access to ProFunded’s website does not grant, nor should it be construed as granting, any license under any of ProFunded’s or any third party’s intellectual property rights. All rights, including copyrights, on the website are owned by or licensed to ProFunded or its third-party suppliers. Any use of the website or its contents, including copying or storing in whole or part, other than for personal, non-commercial use, is prohibited without ProFunded’s explicit permission. Modification, distribution, or reposting of anything on the website for any purpose is not allowed.
c)Trademark and Service Mark License: The names, logos, and all related products, services, and slogans of ProFunded are trademarks or service marks owned by or licensed to ProFunded. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials on ProFunded’s website. Access to the website does not authorize the use of any name, logo, or mark in any manner.
d)Copyrights and Usage of Website Contents: All materials on ProFunded’s website, including images, text, illustrations, designs, icons, photographs, programs, audio clips, video clips, and other materials (collectively, “Contents”) are intended solely for personal, non-commercial use. No right, title, or interest in any downloaded materials or software is transferred to you as a result of downloading or copying. Reproduction, publication, transmission, distribution, display, modification, creation of derivative works, selling, or exploitation of the website’s contents in any way, in whole or in part, is strictly prohibited. All software used on the website is the property of ProFunded or its suppliers and is protected by the laws of the United Arab Emirates (UAE). The compilation of all contents on ProFunded’s website is the exclusive property of ProFunded and is also protected by UAE laws.
16. RISK ACKNOWLEDGMENT AND DISCLAIMER.
a)Investment Considerations: Prior to engaging in financial market activities, it is crucial for you to thoroughly assess your investment goals, experience level, and tolerance for risk. Most importantly, you should only invest funds that you can afford to lose without impacting your financial stability.
b)Risk Exposure in Trading: Participating in trading transactions exposes you to significant risks. These include, but are not limited to, the use of leverage, the credit standing of parties involved, limited regulatory oversight, and market volatility. Such factors can greatly influence the value of the trading products you engage in.
c)Impact of Market Movements: Due to the leveraged nature of trading, any movement in the market can have a proportionally amplified impact on your invested funds. This leverage can result in outcomes that are both advantageous and disadvantageous to your financial position.
d)Risks of Internet-Based Trading: Engaging in an Internet-based trading system carries inherent risks, including failures of hardware, software, and Internet connectivity. ProFunded is not liable for any communication failures or delays experienced while trading over the Internet. Although ProFunded implements backup systems and contingency measures to reduce the risk of system failure, the inherent risks of online trading cannot be eliminated entirely.
17. EDUCATIONAL RESOURCES, TRAINING AND SUPPORT.
a)Access To PROFUNDED ACADEMY: ProFunded is dedicated to fostering the growth and development of talented traders. Unlike traditional models that may not offer direct trader education, ProFunded will soon open the doors to its comprehensive academy. Upon engaging with ProFunded’s Challenges and/or Services, traders will be granted complimentary access to the PROFUNDED ACADEMY. This platform will be a repository of meticulously curated courses, lectures, and news articles, each designed to enhance your trading knowledge and skills. Our aim is not just to identify trading talent but to cultivate it with comprehensive educational resources. Beyond the courses, ProFunded will offer tailored coaching and mentoring sessions, providing personalized guidance to refine your trading strategies and achieve your trading objectives.
b)Educational Content Disclaimer: ProFunded through the PROFUNDED ACADEMY will furnish a variety of educational resources, data, information, and content regarding investment strategies and trading opportunities. It is imperative to understand that such materials are disseminated solely for the purpose of providing general information and education. ProFunded expressly refrains from soliciting Traders to undertake any specific actions based on this content. Consequently, Traders should not interpret the provided data, information, or content as constituting professional advice in the realms of investment, finance, taxation, law, or other specialized fields. As such, you agree not to hold the Company liable for any possible claims of damages that may arise from any decision that you make based upon the use of data, information, and content on the Company website.
c)Accuracy, Completeness, and Liability Limitation: ProFunded does not assert the accuracy or completeness of any data, information, or content presented on its website. The onus of assessing the value and potential risks associated with the utilization of such materials rests solely with the Trader. By accessing and using this content, Traders acknowledge their sole responsibility in this regard. Traders hereby acknowledge and agree that ProFunded shall not be held accountable for any claims of damages that may emerge from decisions made based on the utilization of educational resources, data, information, and content available on ProFunded’s website. Traders assume full responsibility for the consequences of their decisions influenced by ProFunded’s educational materials.
d)Responsibility and Risk Awareness: While ProFunded provides extensive educational content, it is crucial for traders to understand that trading involves significant risks. The decision to trade should be made with a clear understanding of these risks and an assessment of your own investment objectives, experience level, and risk appetite. For those uncertain about their trading decisions, seeking advice from a financial or tax advisor is highly recommended.
18. WITHDRAWALS AND PAYOUTS.
a)Profit Split Ratio and Payout Schedule: At ProFunded, we prioritize payouts, recognizing it as vital for our funded traders. Our pride lies in providing the prop firm industry’s finest reward system. With the best payout time and profit split, we lead in incentivizing and attracting top talent. When our traders succeed, our prop firm prospers, fostering a mutually beneficial partnership. Join us and reap the rewards of success-driven trading. ProFunded offers an initial standard profit split ratio of 80:20 in favor of the traders, which can be upgraded for a fee before purchasing a new ProFunded PFTC (ProFunded Trading Challenge) up to 95:5 in favor of the trader. The default first payout is available 14 days after the first trade on a funded account for the trading period. Subsequent payouts will be available to funded traders every 14 days.
Unlike other prop firms, we want to make sure that you have regular access to the hard earned profits you have made.
Payout is only valid if the trader does not violate any trading rule or go against the signed terms of use agreement.
Any suspicious activities upon review of the account can delay this process. Please cooperate with us in order to receive your profit split quicker if it is a false alert.
b)Withdrawal and Payout Methods: PFTC Traders can request payouts at their discretion, and ProFunded is committed to processing these requests within a fourteen (14) day timeframe. ProFunded prides itself on the swift processing of payouts, ensuring traders receive their earnings within a 14 day timeframe.
c)Withdrawal Options: Traders can withdraw their profits via crypto, bank transfer or any other payment method available specifically to their region. Crypto payment options include BTC, ETH, USDT, XRP and all other available blockchain networks. To accommodate transaction fees, withdrawals are subject to a minimum threshold of USD 100.
d)Reinvestment of Profits: Traders are provided with the opportunity to reinvest their profits to enhance their trading capital, fostering growth and potentially higher future earnings. Reinvestment of profits may be done through compounding of account profits and through our ScaleUp® program.
19. TERM AND TERMINATION.
a)Duration of Agreement: This Agreement shall commence upon your procurement of any Service and/or registration for any of the challenges provided by ProFunded and shall persist until such time as ProFunded elects to terminate your access to the Services, or you elect to cease utilization of the Services.
b)Termination Rights: ProFunded retains the unequivocal right to terminate the Services or your access to the ProFunded challenge and/or website at any time, at its sole discretion, without the requirement of providing the trading any advance notice.
20. FORCE MAJEURE.
ProFunded shall not be held accountable for any claims, losses, damages, costs, or expenses, inclusive of legal fees, that arise directly or indirectly due to circumstances beyond ProFunded’s control. Such circumstances encompass, but are not limited to, civil unrest, warfare, uprisings, international interventions, actions, or inactions by governmental entities (including, but not limited to, the imposition of exchange controls, confiscations, nationalizations, currency devaluations), natural calamities, divine acts, market fluctuations, or the inability to establish communication with pertinent parties. Additionally, any interruption, delay, dysfunction, or failure of transmission, communication systems, or computer facilities, whether owned by ProFunded, the Trader, or any external service providers, falls under this provision.
21. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
a)You, the Trader, expressly acknowledge and accept that the Services and ProFunded’s website are made available on an “As-Is” basis, devoid of any form of warranty, either explicit or implicit. This includes, but is not limited to, the disavowal of warranties of title, merchantability, precision, suitability for a specific purpose, security, and non-infringement. Subject to the provisions permissible under the laws of the United Arab Emirates, ProFunded absolves itself from any responsibility or liability for any claims, damages, judgments, charges, or fees that may arise, either directly or indirectly, from the content presented on the website, or from your engagement with, or access to, the Services or ProFunded’s website. This encompasses, but is not limited to, compensatory, consequential, special, incidental, punitive, and exemplary damages, including costs and legal fees, damages resulting from inaccuracies or omissions, and damages due to the unavailability or downtime of the website.
b)Your engagement with the Services and/or ProFunded’s website is undertaken at your own discretion and risk. It is hereby clarified that ProFunded’s liability, should it be established by a competent authority, shall be confined to the maximum extent permissible under UAE law, and shall not exceed the total amount you have paid for the Services, or the sum of ONE THOUSAND DOLLARS ($1,000), whichever is lower.
22. INDEMNIFICATION
a)Commitment to Indemnification: You hereby covenant to indemnify, defend, and exonerate ProFunded, along with its executives, shareholders, directors, employees, subsidiaries, affiliates, partners, and agents, from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable legal fees, that arise directly or indirectly from your utilization of ProFunded’s website; any breach by you of any provision of this Agreement; your infringement upon the rights of any third party, including but not limited to intellectual property rights or other personal or proprietary rights; and your contravention of any applicable laws, statutes, ordinances, regulations, or treaties, irrespective of their jurisdictional scope.
b)Defense and Control of Litigation: Your obligation to provide defense for ProFunded under this indemnification clause shall not bestow upon you the right to direct or oversee ProFunded’s legal defense strategy. ProFunded retains the sole prerogative to manage its defense as it deems appropriate, including the selection of legal counsel and the decision to litigate or settle any claim for which indemnification is sought under this clause.
23. DISPUTE RESOLUTION
a)Negotiation: In the event of any dispute or disagreement arising out of or in connection with this Agreement, the Parties shall first attempt to resolve the dispute amicably through good-faith negotiations. If the Parties are unable to reach a resolution through negotiations within thirty (30) days from the date a dispute arises, either Party may initiate conciliation by providing written notice to the other Party.
b)Mediation: Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall initially be referred to the Dubai International Arbitration Centre (DIAC) and attempted to be settled by mediation under the Dubai Arbitration Rules in force on the date of the submission of the application for Mediation (“the Rules”), which Rules are deemed to be incorporated by reference into this clause. The language of the conciliation shall be the English Language.
c)Arbitration: If the Parties fail to resolve the dispute through Negotiation or Mediation any unresolved dispute, controversy, or claim arising out of or relating to this Agreement, including its breach, termination, or validity, shall be referred to and finally resolved by arbitration under the DIAC Arbitration Rules (“the Rules”) in force on the date of the submission of the request for arbitration, which Rules are deemed to be incorporated by reference into this clause. Only one (1) arbitrator will be appointed in accordance with the Rules. The arbitration shall take place at the Dubai International Arbitration Centre in the Emirates of Dubai, United Arab Emirates (UAE), at the sole expense of the Trader involved. The arbitration proceedings shall be conducted in the English language and governed by the laws of the jurisdiction specified in this Agreement. The arbitral award rendered by the arbitrator shall be final and binding upon the Parties. The Parties agree to abide by and comply with the arbitral award without delay.
24. MISCELLANEOUS
a)Modification of the Terms. ProFunded may amend the content of these TOU from time to time for the purposes of:
- a)adapting the TOU to any regulatory or legislative provisions in force or in the process of being adopted;
- b)adapting the TOU to any decision of a judicial body, a consumer agency or body, or of any other competent authority, which affects the Platform, its content or the Courses offered therein;
- c)preventing abuses or damages or for security reasons;
- d)reflecting any legal changes, updates, improvements, or changes to the services, the Platform and/or to its content.
ProFunded will provide prior notice of any amendment to these TOU before they become applicable via a general notice on the Platform, unless ProFunded is legally obliged to make the amendments immediately or within a shorter term. If Traders do not accept the new conditions, they may terminate the Agreement or stop using the Services. The amendments made to these TOU shall not apply retroactively and shall not affect the purchases previously made by you on the Platform, unless such amendments must be retroactive in accordance with the applicable laws or a decision of governmental or judicial body, in which case, the amendments shall also apply retroactively to the purchases previously made. Traders will be bound by the version of the TOU which is in force at the time the purchases are made.
b)Severability: If, in any jurisdiction, any provision of these TOU or their application to any party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective without invalidating the remaining provisions of these TOU and without affecting the validity or enforceability of such provisions in any other jurisdiction or without affecting its application to other parties or circumstances. Where possible, any such provision shall apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent, where necessary to be valid.
c)Assignment: Traders are expressly prohibited from assigning their rights and duties under this TOU or Agreement. The Company reserves the right to assign its rights and duties under this Agreement, including in a sale of the Company and/or its Services.
d)Waiver: No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to, unless the said waiver is in writing and signed by the party to be charged.
e)Entire Agreement: This Agreement contains the entire agreement between the Company and the Traders regarding the use of the Services provided by the Company, and supersedes all prior understandings, agreements, or representations between the Company and the Traders, whether written or oral.
f)Governing Law and Jurisdiction: This Agreement or TOU shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the applicable laws of the United Arab Emirates (UAE), without regard to conflict of laws principles. The Parties agree that any legal action, suit, or proceeding arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Dubai in the UAE.
g)Survival: Any provisions of this Agreement that, by their nature, are intended to survive the termination or expiration of this Agreement shall continue to be binding upon the Parties.
25. DEFINITION OF TERMS
- “Agreement”: Refers to this Terms of Use (TOU)between ProFunded and the trader outlining the terms and conditions of the use of ProFunded Services and the Platform.
- “Trader”: Refers to an individual who participates in ProFunded’s trading challenges and uses the Services and the platform.
- “Services”: Refers to the range of offerings provided by ProFunded, including trading challenges, access to the ProFunded Academy, and trading platforms.
- “ProFunded Academy”: Refers to an educational platform provided by ProFunded that provides traders with courses, lectures, and other learning materials related to trading Forex, Stocks, Indices, Crypto, Gold (and other commodities) and other assets.
- “Profit Split”: Refers to the division of profits earned from trading between ProFunded and the trader, according to a predetermined ratio.
- “Payout Schedule”: Refers to the timeline within which traders can withdraw their share of profits.
- “Withdrawal Methods”: Refers to the various channels through which traders can receive their payouts, such as bank transfers, electronic wallets, or cryptocurrencies.
- “Minimum Withdrawal Amount”: Refers to the lowest amount of profit that a trader can request to withdraw from their trading account.
- “Scaling Plan”: Refers to a program that allows traders to increase their profit split ratio and trading capital based on their trading performance.
- “Indemnification”: Refers to the trader’s obligation to protect ProFunded against any losses, damages, or expenses arising from their wrongful use of the Services or violation of the TOU.
- “Force Majeure”: Refers to the exemption of ProFunded from liability for any failure to perform its obligations due to events beyond its control, such as natural disasters or governmental actions.
- “Affiliate Partnership (AP) Program”: Refers to a program that allows individuals to earn commissions by referring new traders to ProFunded.
- “Commission Rate:” Refers to the percentage of registration fees that affiliates earn from traders they refer to ProFunded.
- “Intellectual Property”: Refers to the legal rights to inventions, literary and artistic works, symbols, names, images, and designs used in commerce, owned, or licensed by ProFunded.
- “Prohibited Trading Practices”: Specific trading behaviors or strategies that are not allowed on ProFunded’s platform, such as exploiting platform errors or engaging in manipulative trading.
- “Registration Fees”: Refers to the charges that traders must pay to participate in ProFunded’s trading challenges.
- “Demo Funded Account”: Refers to an account provided to successful traders post-challenge, allowing them to trade with ProFunded’s capital in a simulated environment.
- “Challenge Level”: Refers to the tier or stage of a trading challenge designed to match a trader’s experience and skill level.
- “Profit Split Day”: Refers to the designated day each month when profits are calculated and the trader’s share is determined for payout.
- “Virtual Profit Split Day”: Refers to a flexible date chosen by the trader for the calculation of their profit share, adjustable up to three times for alignment with personal financial planning.
- “Payout Rebate System”: Refers to ProFunded’s mechanism for processing and disbursing trader earnings.
- “Eligibility Criteria”: Refers to the set of requirements that traders must meet to participate in ProFunded’s programs and challenges.
- Enrollment Process: Refers to the steps a trader must follow to register for ProFunded’s services, including challenge participation.“Commission Structure”: Refers to the framework outlining how affiliate commissions are calculated and disbursed based on referred trader registrations.
- “Payout Frequency”: Refers to the regular intervals at which ProFunded processes and disburses payouts to traders and affiliates.
- “Deceptive Practices”: Refers to any fraudulent or misleading actions by traders or affiliates aimed at manipulating trading outcomes or referral commissions.
- “Spamming”: Refers to the act of sending unsolicited or irrelevant messages, particularly in large quantities, which is prohibited for affiliates in promoting ProFunded’s services.
- “Ethical Promotion”: Refers to the requirement for affiliates to use honest and responsible methods in advertising ProFunded’s services, adhering to legal and moral standards.
CFTC Rules 4.41
Hypothetical or Simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, because the trades have not actually been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated 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 profit or losses similar to those shown.
