ARTICLE 1: SCOPE OF THE AGREEMENT AND ACCEPTANCE OF TERMS
1.1 This Program Agreement ("Agreement") is a legally binding contract between you, the Customer, and UCAPITAL FCZO ("UCAPITAL FCZO," "we," or "us"). It governs your use of our Services, including but not limited to, account registration, demo trading activities, rewards, payouts, and other related matters. By using our Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.
1.2 By using our Services, you represent and warrant that you are at least 18 years of age, which is the legal age to enter into a binding contract and that you have the authority to enter into this Agreement on behalf of yourself or the entity that you represent. If you do not agree with any part of this Agreement, you must not use our Services.
1.3 This Agreement applies to all aspects of your relationship with UCAPITAL FCZO, including your use of a demo trading platform, your participation in demo trading activities, your entitlement to rewards and payouts, and your obligations regarding tax compliance and other legal requirements.
1.4 We reserve the right to modify or update this Agreement at any time without prior notice. We will notify you of any changes by posting the updated Agreement on our website or by sending a notification to your registered email address. Your continued use of our Services following the notification of any changes constitutes your acceptance of those changes.
1.5 It is your responsibility to review the Agreement periodically to ensure that you are aware of any changes or updates. If you have any questions or concerns regarding the Agreement, please do not hesitate to contact our customer support team. We are committed to providing you with the necessary information and assistance to help you understand and comply with the terms and conditions of this Agreement.
1.6 The Agreement is divided into several Articles that cover various aspects of our Services. Each Article provides detailed information on the specific topic it addresses, including your rights and obligations, the parameters for demo trading activities, the reward and payout system, and the procedures for dispute resolution. Please read each Article carefully and ensure that you understand the terms and conditions contained therein.
ARTICLE 2: DEFINITIONS AND INTERPRETATIONS
2.1 In this Agreement, unless the context requires otherwise, the following terms shall have the meanings assigned to them below:
(a) “Demo Capital” refers to the virtual funds allocated to your UCAPITAL FCZO Account exclusively for the purpose of engaging in simulated demo trading activities. It is imperative to understand that this capital is fictional and does not represent real currency or assets.
(b) "Demo trading" refers to the simulated demo trading activities conducted on the Demo trading Platform using the demo Capital provided in your UCAPITAL FCZO Account.
(c) "UCAPITAL FCZO Account" means the account created and maintained by UCAPITAL FCZO for you to access and use our Services, including demo trading activities and participation in our reward and payout system.
(d) "Reward" refers to the amount you are entitled to receive based on your demo trading performance and the fulfillment of the parameters set by UCAPITAL FCZO, as described in this Agreement.
(e) "Roll-over Reward" means the unpaid portion of the Reward, which remains available in the form of demo capital for further demo trading in the next Reference Period.
(f) "Services" refers to the various services offered by UCAPITAL FCZO, including but not limited to, providing access to the Demo trading Platform, facilitating demo trading activities, and administering the reward and payout system.
(g) "Demo trading Platform" means the electronic demo trading platform provided by UCAPITAL FCZO or a third-party platform provider, where you can conduct demo trading activities using your UCAPITAL FCZO Account.
2.2 In this Agreement, unless the context requires otherwise:
(a) Words denoting the singular include the plural and vice versa.
(b) Words denoting one gender include all genders.
(c) Any reference to a person includes individuals, partnerships, corporations, and any other legal entities.
(d) Any reference to a statute, regulation, or other legal provisions includes any amendments, modifications, or replacements thereof.
(e) Headings and subheadings are for ease of reference only and shall not affect the interpretation of the Agreement.
(f) Any reference to an Article or a Schedule is a reference to an Article or a schedule of this Agreement.
ARTICLE 3: SERVICES AND SCOPE
3.1 This Agreement governs the relationship between the Customer and UCAPITAL FCZO, outlining the terms and conditions under which the Services are provided. By using our Services, the Customer agrees to be bound by this Agreement, as well as any other relevant policies, guidelines, or terms and conditions referenced herein.
3.2 The primary Services offered by UCAPITAL FCZO include providing access to a Demo trading Platform for the purpose of Demo trading, monitoring the Customer's demo trading performance during the Reference Period, and administering the Reward and payout system in accordance with the terms and conditions set forth in this Agreement.
3.3 UCAPITAL FCZO reserves the right to add, modify, or remove any features, functions, or components of the Services, as well as update, amend, or replace any part of this Agreement without prior notice. Any such changes will be communicated to the Customer via appropriate means, and continued use of the Services will be deemed as acceptance of such changes.
3.4 The Customer acknowledges that the demo Services are intended for demo trading purposes only and do not involve any real-world financial transactions. Furthermore, the Customer understands that the Reward and payout system is based solely on the performance of their demo trading activities and does not depend on developments in the real financial markets or the value that the demo trades would have in the real financial markets.
3.5 The Customer is responsible for providing accurate and up-to-date personal and financial information when opening and maintaining their UCAPITAL FCZO Account. UCAPITAL FCZO reserves the right to request additional information, documents, or verifications to ensure the Customer's identity, eligibility, and compliance with this Agreement.
3.6 The Customer agrees to use the Services only for lawful purposes and in compliance with all applicable laws and regulations. The Customer is responsible for their demo trading activities and decisions and acknowledges that UCAPITAL FCZO does not provide investment advice or recommendations.
3.7 UCAPITAL FCZO is not responsible for any loss or damage resulting from the Customer's use of the Services, including but not limited to any technical issues, operational disruptions, or force majeure events that may affect the availability or performance of the Demo trading Platform or other components of the Services.
3.8 Business Customer Notification and Pre-Approval Process: Should a Customer have the intention to enter into this Agreement or utilize the Services within the ambit of their business or entrepreneurial activities, in conformity with relevant laws, it is incumbent upon the Customer to first notify UCAPITAL FCZO of their intent and furnish UCAPITAL FCZO with the requisite business identifiers as part of a pre-approval process. It is crucial to understand that expressing interest does not guarantee approval; all applications are evaluated, and acceptance is contingent upon UCAPITAL FCZO’s final discretion. Until such approval is granted, the Customer's engagement with this Agreement and Services shall be regarded as personal in nature.
3.9 UCAPITAL FCZO shall not provide Services to any Customer who: (i) holds nationality or resides in Restricted Jurisdictions; (ii) is established, incorporated, or maintains a registered office in Restricted Jurisdictions; (iii) is subject to relevant international sanctions; or (iv) has a criminal record related to financial crime or terrorism. Restricted Jurisdictions include Iran, North Korea, Syria, and any other country determined as such by UCAPITAL FCZO and published on the Website.
3.10 UCAPITAL FCZO reserves the right to refuse, restrict, or terminate the provision of any Services to any Customer. Such Customers are prohibited from using the Services, including the Demo trading Platform.
ARTICLE 4: DEMO TRADING PLATFORM AND DEMO TRADING
4.1 The Customer will be provided access to a Demo trading Platform selected by UCAPITAL FCZO. The Demo trading Platform will be used for the sole purpose of demo trading within the scope of the Services offered by UCAPITAL FCZO.
4.2 The Customer acknowledges that the Demo trading Platform is a third-party service, and UCAPITAL FCZO cannot guarantee the uninterrupted availability, accuracy, or reliability of the platform. UCAPITAL FCZO disclaims any responsibility for the performance, operation, or any issues arising from the use of the Demo trading Platform.
4.3 Demo trading involves the use of virtual, non-real funds for the purpose of simulating demo trading activities within a risk-free environment. The Customer understands that their demo trading activities, including profits, losses, and other results, have no real-world financial implications and are solely for the purpose of evaluating their demo trading performance under the terms and conditions of this Agreement.
4.4 The Customer is responsible for managing their demo trading activities, including placing trades, monitoring positions, and adjusting strategies as needed. The Customer acknowledges that they are solely responsible for their demo trading decisions and that UCAPITAL FCZO does not provide any investment advice, recommendations, or guarantees regarding the outcome of the Customer's demo trading activities.
4.5 The Customer agrees to comply with the parameters set forth in Article 5.2 of this Agreement, which outline the specific requirements and conditions for their demo trading activities during the Reference Period. Failure to meet these parameters may result in the Customer not being eligible for the Reward.
4.6 UCAPITAL FCZO reserves the right to monitor the Customer's demo trading activities and to analyze their performance in order to determine their eligibility for the Reward. The Customer consents to this monitoring and agrees to provide any additional information or cooperation requested by UCAPITAL FCZO in relation to their demo trading activities.
4.7 In the event of any suspected or actual violations of this Agreement, UCAPITAL FCZO may, at its sole discretion, take appropriate action, including but not limited to terminating the Customer's access to the Demo trading Platform, withholding or adjusting the Reward, or pursuing legal remedies.
UCAPITAL FCZO offers different packages for Customers to choose from, each having distinct account size, Performance Payout arrangement, and maximum drawdown limit. The packages are as follows:
1. "Sailor" Package:
Virtual Account size: $45,000
Performance Reward: 70% Customer - 30% UCAPITAL FCZO
Maximum Drawdown: $2,000
2. "Commander" Package:
Virtual Account size: $90,000
Performance Reward: 75% Customer - 25% UCAPITAL FCZO
Maximum Drawdown: $4,000
3. "Captain" Package:
Funded Account size: $180,000
Performance Reward: 80% Customer - 20% UCAPITAL FCZO
Maximum Drawdown: $8,000
The Customer can select the package best suited for their objectives. The specifics of each package apply in addition to the other terms and conditions of this Agreement.
4.9 Explicit Clarification
The Demo trading Platform provided by UCAPITAL FCZO is solely for simulated demo trading activities using virtual funds. Under no circumstances should the platform be mistaken for a real-time trading platform involving real financial transactions. UCAPITAL FCZO does not engage in any real-world financial trading, nor does it facilitate the use of actual capital for trading. Any and all activities within the demo trading platform are purely educational and illustrative in nature, and have no financial value.
ARTICLE 5: DEMO TRADING PARAMETERS AND CONDITIONS
5.1 The Customer must adhere to the specific demo trading parameters and conditions outlined in this Article 5 during their demo trading activities. Failure to meet these requirements may result in the Customer being ineligible for the Reward or other consequences as determined by UCAPITAL FCZO.
5.2 The following parameters must be met by the Customer during the demo trading activities:
5.2.1 Maximum Loss: The Customer must not exceed the maximum loss limit set by UCAPITAL FCZO, which is calculated as a percentage of the initial demo Capital. This maximum loss limit applies to both individual trades and the cumulative loss on the Customer's UCAPITAL FCZO Account.
5.2.2. Limitation on Overnight Positions: The Customer agrees that no more than twenty percent (20%) of the account's virtual balance may be used for holding positions overnight. In the event that this limitation is exceeded, UCAPITAL FCZO reserves the right to adjust the Customer's position back to twenty percent (20%) of the virtual balance, effectively removing the excess.
5.3 UCAPITAL FCZO will monitor the Customer's compliance with the parameters and conditions set forth in Article 5.2 and may, at its sole discretion, disqualify the Customer from the Reward or take other appropriate actions in the event of non-compliance.
5.4 The Customer acknowledges that the demo trading parameters and conditions may be subject to change at any time at the discretion of UCAPITAL FCZO. The Customer agrees to be bound by any such changes and will be notified of any modifications in a timely manner.
5.5 It is the Customer's responsibility to regularly review the demo trading parameters and conditions and ensure compliance with them throughout the duration of their demo trading activities. The Customer must promptly notify UCAPITAL FCZO of any instances of non-compliance or potential issues that may affect their eligibility for the Reward.
5.6 In the event that the Customer disputes any determinations made by UCAPITAL FCZO regarding their compliance with the demo trading parameters and conditions, the Customer must provide sufficient evidence to support their claim. UCAPITAL FCZO will review the provided evidence and make a final decision at its sole discretion.
ARTICLE 6: DEMO TRADING PLATFORM, TECHNICAL SUPPORT AND COMMISSION SYSTEM
6.1 The Customer must use our supported Demo trading Platform provided by UCAPITAL FCZO for conducting their demo trading activities.
6.2 UCAPITAL FCZO will provide the Customer with login credentials for accessing the Demo trading Platform, as well as any necessary instructions and guidelines for its use. The Customer must safeguard these credentials and not share them with any third parties.
6.3 The Customer is responsible for familiarizing themselves with the functionality and operation of the Demo trading Platform, including but not limited to, order placement, risk management features, and technical analysis tools. The Customer acknowledges that any errors or omissions made in using the Demo trading Platform are their sole responsibility and may affect their eligibility for the Reward.
6.4 UCAPITAL FCZO will provide the Customer with technical support related to the operation of the Demo trading Platform, including troubleshooting, assistance with software installation and configuration, and addressing any connectivity issues. The Customer must promptly report any technical issues to UCAPITAL FCZO, and UCAPITAL FCZO will endeavor to resolve the issues in a timely manner. However, UCAPITAL FCZO does not guarantee uninterrupted access to the Demo trading Platform and shall not be held liable for any losses or damages incurred by the Customer as a result of technical issues or downtime.
6.5 The Customer acknowledges that demo trading on a demo account may not fully replicate the conditions of live demo trading, including factors such as latency, slippage, and liquidity. The Customer understands that their demo trading results may not be indicative of their potential performance in live demo trading scenarios.
6.6 UCAPITAL FCZO may, at its sole discretion, impose limitations on the Customer's use of the Demo trading Platform, including but not limited to restrictions on the number of open positions, demo trading volume, or use of certain demo trading instruments. The Customer must comply with these limitations and any other applicable terms and conditions imposed by UCAPITAL FCZO.
6.7 The Customer acknowledges and agrees that their account incorporates a built-in commissions system.
6.8 This commissions system will charge a commission of $0.007 per share traded on the Demo trading Platform. This commission is deducted directly from the Customer's UCAPITAL FCZO Account at the time of the trade execution.
6.9 Regardless of the number of shares traded in a single transaction, the minimum commission per buy or sell transaction is set at $1.5. This minimum commission applies to each separate buy or sell transaction executed by the Customer.
6.10 The Customer understands and agrees that the commission fees will be applied automatically and are non-refundable.
6.11 The Customer accepts that the purpose of the commission is to cover part of the operational costs associated with the execution and management of their trades, and that the commission rates are subject to change at the discretion of UCAPITAL FCZO.
6.12 UCAPITAL FCZO will notify the Customer of any changes to the commission rates in a timely manner. Continued use of the Services following the notification of such changes will be deemed as acceptance of the new rates.
ARTICLE 7: REWARD, PAYOUTS, AND INVOICING
7.1 UCAPITAL FCZO will pay out the Reward to the Customer based on their demo trading performance and compliance with the terms and conditions of this Agreement. The payout percentage ranges from 70% to 80% of the Profit generated, depending on the Customer's account type.
7.2 Payout requests must be made between the 1st and the 9th of the month, and the minimum payout request amount is $500.
7.3 Payouts are only available for the previous calendar month's Profit. For example, if the Customer made $4,000 in Profit in April 2023, they can request April's Profit in the following month's payout. If they made an additional $500 between the 1st and 5th of May, they must wait until June to request that amount.
7.4 UCAPITAL FCZO will verify the legitimacy of the Customer's entitlement to the Reward, calculate the Reward amount, and communicate the result to the Customer. The Customer must then provide the necessary information regarding their preferred payout method and other mandatory details using the prescribed form.
7.5 If the Customer chooses to extract only a portion of the Performance Payout, the residual balance will persist as a component of their demo capital in the account, available for additional simulated demo trading endeavors in the ensuing Reference Period. For instance, if the Customer has accrued $1,000 in Performance Payouts and opts to extract $500, the remaining $500 will not be freshly added but will simply remain in the account as part of the demo capital for subsequent simulated demo trading.
7.6 The Reward will be paid on the basis of a tax document – invoice. The Customer is responsible for providing accurate invoice information and ensuring its compliance with relevant legal regulations. UCAPITAL FCZO may issue invoices on behalf of the Customer (self-billing mechanism) or directly by the Customer, based on the authorization status as detailed in Articles 7.7.1 and 7.7.2.
7.7 UCAPITAL FCZO will pay the Reward(s) using the payment method specified by the Customer, which may include wire transfer, electronic payment, or other accepted methods. The Customer is responsible for all fees and costs associated with the payment, such as charges by payment providers.
7.8 UCAPITAL FCZO reserves the right to modify, change, replace, add, or remove any elements and functions of the Services at any time without any compensation.
ARTICLE 8: LIMITATION OF LIABILITY AND FORCE MAJEURE EVENTS
8.1 UCAPITAL FCZO is not responsible for any failure to provide the Services due to serious technical or operational reasons beyond its control, including but not limited to force majeure events such as crises, natural disasters, wars, insurrections, pandemics, threats to a large number of people, or any obligations imposed by legal regulations or decisions made by public authorities.
8.2 Should any information or statement made by an employee, staff member, or representative of UCAPITAL FCZO be interpreted as investment advice or recommendation, UCAPITAL FCZO is not responsible for the consequences of such interpretation. Customers are responsible for their own investment decisions and the risk associated with their demo trading activities.
8.3 UCAPITAL FCZO bears no responsibility for demo trading or other investment activities performed by the Customer outside of their relationship with UCAPITAL FCZO. This includes instances where the Customer uses data, information, or the Demo trading Platform related to the Services for real demo trading in financial markets or uses the same Demo trading Platform for demo trading with another provider.
8.4 Customers acknowledge and agree that demo trading in financial markets involves a risk of loss and that they should not invest more demo capital than they can afford to lose. UCAPITAL FCZO is not liable for any losses or damages incurred by the Customer as a result of their demo trading activities.
8.5 UCAPITAL FCZO is not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft or destruction, unauthorized access to, or alteration of any data, information, or other materials related to the Services.
8.6 UCAPITAL FCZO's total liability to the Customer for any claim arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the amount paid by the Customer for the Services.
8.7 The Customer shall not share or provide the login data for the UCAPITAL FCZO Account and Demo trading Platform with any third party. If the Customer is a legal entity, the Customer may permit its employees or other authorized staff and representatives to access and use the Services. The Customer is responsible for protecting login data and the UCAPITAL FCZO Account, and for all activities conducted through the UCAPITAL FCZO Account or Demo trading Platform. UCAPITAL FCZO shall not be liable, nor shall the Customer be entitled to any compensation, for any misuse of the UCAPITAL FCZO Account, Demo trading Platform, or any part of the Services, or for any negative consequences thereof for the Customer if such misuse occurs for reasons beyond UCAPITAL FCZO's control.
8.8 Any advertisements or promotions provided by UCAPITAL FCZO are not to be interpreted as financial advice or representations of potential results. They do not guarantee or promise any particular outcomes and should be perceived as for entertainment purposes only. UCAPITAL FCZO will not be held responsible for any interpretation, decision or action taken based on these advertisements or promotions.
ARTICLE 9: FORBIDDEN DEMO TRADING PRACTICES
9.1 The Customer agrees not to knowingly or unknowingly engage in demo trading strategies that exploit errors in the Services, such as errors in the display of prices or delays in their updates.
9.2 The Customer agrees not to perform trades using an external or slow data feed.
9.3 The Customer agrees not to perform, alone or in concert with any other persons, including between connected accounts or accounts held with different UCAPITAL FCZO entities, trades or combinations of trades the purpose of which is to manipulate demo trading, for example by simultaneously entering into opposite positions.
9.4 The Customer agrees not to perform trades in conflict with the terms and conditions of the provider and the terms and conditions of the Demo trading Platform.
9.5 The Customer agrees not to use any software, artificial intelligence, ultra-high speed, or mass data entry that might manipulate, abuse, or provide an unfair advantage when using UCAPITAL FCZO's systems or Services.
9.6 The Customer acknowledges that all Services are for their personal use only and agrees not to allow access to or demo trading on their UCAPITAL FCZO Account by any third party, nor engage or cooperate with any third party to perform trades on their behalf. The Customer also agrees not to access any third-party UCAPITAL FCZO Account, trade on behalf of any third party, or perform any account management or similar services.
9.7 The Customer agrees not to exploit the Services by performing trades without applying market standard risk management rules for demo trading on financial markets. This includes, among others, opening substantially larger position sizes compared to other trades or opening a substantially smaller or larger number of positions compared to other trades, whether on the Customer's account or any other account.
9.8 UCAPITAL FCZO reserves the right to determine, at its own discretion, whether certain trades, practices, strategies, or situations constitute Forbidden Demo trading Practices.
ARTICLE 10: CONSEQUENCES OF FORBIDDEN DEMO TRADING PRACTICES
10.1 If the Customer engages in any of the Forbidden Demo trading Practices described in Article 9, the Customer will lose the right to a Reward for the given Reference Period and, in addition:
(i) UCAPITAL FCZO may remove those trades that violate the prohibition from the Customer's demo trading history and/or
(ii) not count their results in the profits and/or losses achieved by the demo trading,
(iii) and/or immediately cancel the Customer's UCAPITAL FCZO Account and subsequently terminate this Agreement, and/or
10.2 UCAPITAL FCZO may exercise any and all actions at its own discretion.
ARTICLE 11: AMENDMENTS, MODIFICATIONS, AND TERMINATION
11.1 UCAPITAL FCZO reserves the right to amend, modify, replace, add, or remove any elements, functions, or terms of this Agreement at any time without prior notice. Any changes to the Agreement will be communicated to the Customer via email, or any other method deemed appropriate by UCAPITAL FCZO. The Customer's continued use of the Services following such notification shall constitute their acceptance of the amended Agreement.
11.2 UCAPITAL FCZO may also, at its sole discretion, terminate this Agreement or suspend the Customer's access to the Services, with or without cause, and without prior notice. Reasons for termination or suspension may include, but are not limited to, a breach of this Agreement, engagement in fraudulent or illegal activities, or any action that UCAPITAL FCZO considers to be harmful to its interests or reputation.
11.3 The Customer may terminate this Agreement at any time by providing written notice to UCAPITAL FCZO via email. Upon termination, the Customer's access to the Services will cease, and any outstanding payouts or obligations will be settled in accordance with the terms of this Agreement.
11.4 Upon termination of this Agreement for any reason, the Customer's right to access and use the Services will immediately cease. The Customer must promptly delete or destroy all copies of any materials related to the Services in their possession or control.
11.5 Any provisions of this Agreement that, by their nature, are intended to survive termination shall remain in effect, including but not limited to confidentiality, limitation of liability, dispute resolution, and governing law provisions.
11.6 UCAPITAL FCZO is not liable for any damages, losses, or expenses incurred by the Customer as a result of the termination or suspension of this Agreement or the Customer's access to the Services, regardless of the reason for such termination or suspension.
11.7. UCAPITAL FCZO acknowledges that all sales of purchased packages are final and non-refundable. In exceptional cases, UCAPITAL FCZO reserves the right to proceed with a refund, only if the purchased account has not been engaged or accessed by the customer. UCAPITAL FCZO will make a determination on the eligibility of the refund request in its sole discretion. By completing the purchase, the customer agrees to abide by this Refund Policy and acknowledges that they have read and understood its terms.
ARTICLE 12: CONFIDENTIALITY AND DATA PROTECTION
12.1 Both UCAPITAL FCZO and the Customer acknowledge and agree to maintain the confidentiality of all confidential and proprietary information received from the other party in connection with this Agreement. Confidential information includes, but is not limited to, trade secrets, strategies, techniques, software, systems, algorithms, data, financial information, and any other non-public information of a sensitive nature.
12.2 The Customer agrees to use the confidential information of UCAPITAL FCZO solely for the purpose of utilizing the Services under this Agreement and shall not disclose, share, or otherwise make such information available to any third party without the prior written consent of UCAPITAL FCZO.
12.3 UCAPITAL FCZO shall handle the Customer's personal information in accordance with applicable data protection laws and regulations. UCAPITAL FCZO shall implement appropriate technical and organizational measures to protect the Customer's personal data against unauthorized access, disclosure, alteration, or destruction.
12.4 The Customer authorizes UCAPITAL FCZO to collect, process, store, and share their personal information with its affiliated entities, service providers, or any other third parties as necessary for the purpose of providing the Services, complying with legal obligations, or safeguarding the legitimate interests of UCAPITAL FCZO.
12.5 UCAPITAL FCZO may monitor and record any communication between the Customer and UCAPITAL FCZO, including telephone calls, emails, and chat messages, for the purposes of quality assurance, training, and compliance with applicable laws and regulations.
12.6 The Customer has the right to access, rectify, or erase their personal data held by UCAPITAL FCZO, subject to applicable legal exceptions. The Customer may exercise these rights by contacting UCAPITAL FCZO via email. UCAPITAL FCZO shall respond to such requests within a reasonable time frame and in accordance with applicable laws and regulations.
ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS
13.1 All intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, patents, and other proprietary rights, in and to the Services, Demo trading Platform, UCAPITAL FCZO Account, software, systems, algorithms, data, materials, and any other information or technology provided by UCAPITAL FCZO under this Agreement, shall at all times remain the exclusive property of UCAPITAL FCZO or its licensors.
13.2 The Customer acknowledges that they are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Demo Trading Platform solely for educational and practice purposes, and that no ownership or other rights in any intellectual property are transferred to the Customer.
13.3 The Customer shall not, and shall not attempt to, reverse-engineer, decompile, disassemble, create derivative works from, or otherwise exploit any software, systems, algorithms, data, or other proprietary information provided by UCAPITAL FCZO under this Agreement, except as expressly permitted by applicable law or with the prior written consent of UCAPITAL FCZO.
13.4 The Customer shall not use UCAPITAL FCZO's trademarks, trade names, logos, or other intellectual property without the prior written consent of UCAPITAL FCZO, and shall not represent themselves as being affiliated with, endorsed by, or acting on behalf of UCAPITAL FCZO, unless expressly authorized to do so in writing by UCAPITAL FCZO.
13.5 The Customer agrees to promptly notify UCAPITAL FCZO in writing of any actual or suspected infringement, misappropriation, or violation of UCAPITAL FCZO's intellectual property rights that they become aware of, and to cooperate with UCAPITAL FCZO, at UCAPITAL FCZO's expense, in the enforcement and protection of such rights.
13.6 UCAPITAL FCZO reserves the right to make modifications, updates, or improvements to the Services, Demo trading Platform, UCAPITAL FCZO Account, or any other aspect of its intellectual property, at its sole discretion and without prior notice or liability to the Customer. The Customer acknowledges and agrees that any such modifications, updates, or improvements may result in changes to the performance, functionality, or features of the Services, and that UCAPITAL FCZO shall not be responsible for any losses or damages arising from such changes.
ARTICLE 14: CONFIDENTIALITY AND DATA PROTECTION
14.1 Both Parties agree to maintain the confidentiality of any information or data received from the other Party in connection with this Agreement, including but not limited to, the Customer's personal and financial data, demo trading strategies, algorithms, and other proprietary information (collectively, "Confidential Information"), and to use such Confidential Information only for the purposes of this Agreement.
14.2 Each Party shall take all reasonable steps to protect the confidentiality of the other Party's Confidential Information, including implementing and maintaining appropriate technical and organizational measures to safeguard the Confidential Information against unauthorized access, disclosure, alteration, or destruction.
14.4 The Customer agrees to provide UCAPITAL FCZO with accurate, complete, and up-to-date information as required for the provision of the Services, and to promptly inform UCAPITAL FCZO of any changes to such information.
ARTICLE 15: LIMITATION OF LIABILITY
15.1 To the maximum extent permitted by applicable law, UCAPITAL FCZO and its directors, officers, employees, agents, and licensors shall not be liable to the Customer or any third party for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, loss of data, or loss of goodwill, arising out of or in connection with this Agreement, the Services, or the Demo trading Platform, even if UCAPITAL FCZO has been advised of the possibility of such damages.
15.2 UCAPITAL FCZO's total aggregate liability to the Customer under this Agreement shall not exceed the amount of fees paid by the Customer to UCAPITAL FCZO for the use of the Services in the twelve (12) months immediately preceding the event giving rise to the claim for liability.
15.3 The limitations and exclusions of liability set out in this Article 15 shall not apply to any liability arising from fraud, gross negligence, or willful misconduct on the part of UCAPITAL FCZO, or to any liability which cannot be excluded or limited under applicable law.
ARTICLE 16: INDEMNITY
16.1 The Customer agrees to indemnify, defend, and hold harmless UCAPITAL FCZO and its directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Customer's breach of this Agreement, the Customer's use of the Services or Demo trading Platform, or any violation of applicable laws or regulations by the Customer.
16.2 UCAPITAL FCZO reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the Customer, and the Customer agrees to cooperate with UCAPITAL FCZO's defense of such claims.
ARTICLE 17: TERMINATION
17.1 Either Party may terminate this Agreement at any time by providing written notice to the other Party. Upon receipt of the termination notice, the terminating Party shall specify the effective date of termination, which shall not be less than thirty (30) days from the date of the notice, unless a shorter period is agreed upon by both Parties in writing.
17.2 Upon termination, all simulated open positions in the Customer's Demo Trading Account will be deemed closed and no real financial transactions or settlements will occur as the Demo Trading Platform is for educational and practice purposes only.
17.3 UCAPITAL FCZO reserves the right to unilaterally terminate this Agreement, at its sole discretion and without prior notice, if it determines that it is necessary for internal risk management or regulatory compliance. This termination can result in the suspension of the Customer's demo trading activities. Upon termination, UCAPITAL FCZO will notify the Customer, and the Customer's Demo trading Account will be closed. Any open positions may be liquidated, and any remaining balance, including potential profits, will be returned to the Customer, subject to applicable legal and regulatory provisions. The specific circumstances leading to such a termination need not be disclosed to the Customer.
17.4 The termination of this Agreement shall be without prejudice to the rights and obligations of the Parties accrued up to the date of termination, including but not limited to any rights or obligations under Articles 6 (Intellectual Property Rights), 12 (Confidentiality and Data Protection), 15 (Limitation of Liability), 16 (Indemnity), and any other provisions that, by their nature, should survive termination of this Agreement.
ARTICLE 18: GOVERNING LAW AND DISPUTE RESOLUTION
18.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which UCAPITAL FCZO is registered, without regard to its conflict of law principles.
18.2 Any disputes arising out of or in connection with this Agreement, including any disputes regarding its validity, interpretation, performance, or termination, shall be resolved through good faith negotiations between the Parties. If such negotiations do not result in a mutually satisfactory resolution within thirty (30) days from the date the dispute was raised, either Party may submit the dispute to binding arbitration in accordance with the rules and procedures of the applicable arbitration body in the jurisdiction of UCAPITAL FCZO's registration. The decision of the arbitrator(s) shall be final and binding on the Parties, and any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
18.3 Notwithstanding the foregoing, UCAPITAL FCZO reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction in order to protect its intellectual property rights, Confidential Information, or other proprietary interests.
ARTICLE 19: ASSIGNMENT
19.1 The Customer may not assign, transfer, or sublicense any of its rights or obligations under this Agreement without the prior written consent of UCAPITAL FCZO. UCAPITAL FCZO may assign, transfer, or sublicense its rights and obligations under this Agreement without the Customer's consent, provided that such assignment, transfer, or sublicense does not materially prejudice the Customer's rights under this Agreement.
ARTICLE 20: AMENDMENTS
20.1 UCAPITAL FCZO reserves the right to amend or modify this Agreement at any time, in its sole discretion, by posting the revised Agreement on its website or by providing written notice to the Customer. The Customer's continued use of the Services and/or Demo trading Platform following the posting of the revised Agreement or receipt of such notice shall constitute acceptance of the revised Agreement.
ARTICLE 21: NOTICES
21.1 All notices, requests, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered by hand, sent by registered mail, or sent by email to the respective Party at the addresses specified in this Agreement or such other addresses as the Parties may designate in writing.
ARTICLE 22: SEVERABILITY
22.1 If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed amended to the minimum extent necessary to render it valid, legal, and enforceable.
ARTICLE 23: WAIVER
23.1 No failure or delay by either Party in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.
This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, discussions, representations, and proposals, whether oral or written. Any amendments or modifications to this Agreement must be in writing and signed by both Parties.
By signing up for and using the Services provided by UCAPITAL FCZO, the Customer acknowledges that they have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement. The Customer also represents and warrants that they have the legal authority and capacity to enter into and be bound by this Agreement.
In closing this Agreement, it is imperative and obligatory for you to peruse and assimilate the complete contents of this document in their entirety. Be cognizant that this conclusion is not exhaustive and does not encapsulate the full spectrum of terms and stipulations delineated in the Agreement. It is incumbent upon you to exercise due diligence in reviewing the full text to avert any inadvertent misinterpretations or omissions. By affixing your consent to this Agreement, you are unequivocally acceding to all the provisions and conditions as articulated within the entire document.
Having emphasized the necessity for a comprehensive review of this Agreement, it is incumbent upon us to express gratitude for your association with UCAPITAL FCZO, a distinguished entity solely dedicated to providing simulated demo trading experiences via demo accounts. Such accounts, predicated on virtual capital, are strategically fashioned for educational purposes, aiding individuals in cultivating and refining their trading acumen in the absence of actual financial liabilities. The Program Agreement (“Agreement”) herein delineates the terms and conditions presiding over the utilization of our Services and establishes the contractual nexus between you, hereinafter referred to as the “Customer”, and UCAPITAL FCZO. By partaking in the Services extended by UCAPITAL FCZO, you signify that you have engaged in a scrupulous perusal, achieved understanding, and conferred your assent to the terms contained within this Agreement. With this fundamental understanding as a cornerstone, you are now positioned to avail yourself of the invaluable offerings of UCAPITAL FCZO as you traverse the simulated environs of demo trading.
For the sake of clarity, UCAPITAL FCZO does not constitute a financial broker, a real trading platform, or an entity engaged in transactions with actual capital. Our sole provision is the facilitation of simulated demo trading experiences via demo accounts, and we emphasize that such engagements do not encompass any actual financial risk or real monetary transactions.
Demo trading, as facilitated by UCAPITAL FCZO, serves as a means through which individuals can immerse themselves in the realm of trading without employing real capital. It accurately simulates the mechanics and environment intrinsic to real trading platforms. Participants employ virtual funds in a risk-averse environment to garner insights into market movements, construct strategies, and cultivate an in-depth understanding of trading operations, all without financial liabilities.
Additionally, demo trading is an invaluable resource for both budding and seasoned traders. For novices, it functions as an introduction to the fundamental principles and functionalities of trading. For experienced traders, it offers a platform for skills development and experimentation with new strategies. Importantly, transactions executed within demo accounts are purely hypothetical and do not engage with real markets or exchanges; thus, they are strictly educational and void of financial ramifications.
This Agreement serves as a legally binding contract between you and UCAPITAL FCZO, encompassing various facets of our Services, including account registration, simulated demo trading activities, rewards, and related concerns. By entering into this Agreement, you affirm that you have attained the legal age of 18 and possess the requisite legal capacity to do so, whether as an individual or as a representative of a legal entity.
Please note, UCAPITAL FCZO may engage the services of a third-party entity for the processing of payments on our behalf. This is to ensure seamless transactions and customer experience.
We strongly encourage Customers to periodically revisit this Agreement to remain abreast of any modifications. UCAPITAL FCZO reserves the right to unilaterally amend or update this Agreement at its sole discretion, without an obligation to furnish prior notification. Such modifications will be communicated through the Company’s website or via electronic communication. Continued engagement with the Services following alterations to the Agreement signifies your unequivocal acceptance of such changes.
In closing, it is of paramount importance to exercise diligence in reviewing this Agreement to ensure comprehensive understanding of your rights, responsibilities, and the spectrum of Services extended by UCAPITAL FCZO under this Agreement.
For queries, clarifications, or assistance regarding any aspect of this Agreement or the Services offered by UCAPITAL FCZO, please do not hesitate to contact our Customer Support Team. Our unwavering commitment is towards transparency and the provision of an enriching simulated demo trading experience for our esteemed Customers.
If you have any questions or concerns regarding this Agreement or any aspect of our Services, please do not hesitate to contact us at support@Ufunded.com. Our dedicated support team will be happy to assist you and address any inquiries you may have.