Terms of Service

Overview

These Terms, presented by GrowthNext - F.Z.E. (Business Registration No. 28831), with its registered office at Office No. 7, AI Robotics HUB, C1 Building, AFZ, Ajman, UAE, and its subsidiary Incenteco Trading LTD. HE 307114 (referred to as the “Terms”), establish the rules and responsibilities pertaining to you (referred to as a “Counterparty” or the “Customer”) regarding your use of the challenges and services provided by GrowthNext - F.Z.E. (referred to as “FundedNext Challenges”, “Challenges”, “Evaluation”, “Service” or “Services”, and collectively as the “Provider”). These Services are primarily accessible through the website www.fundednext.com (referred to as the “Website”). Incenteco Trading LTD, HE 307114, a subsidiary of GrowthNext - F.Z.E., processes payments in connection with the Services. The Customer is urged to thoroughly review these Terms. The Customer is not obliged to use the Services or engage in FundedNext Challenges if the Customer does not agree with or comprehend any part of these Terms. It is essential that the Customer choose to use the Services only if the Customer understands and consents to these Terms. By engaging in these Services or participating in the FundedNext Challenges we offer, the Customer validates their acceptance of these Terms and their commitment to adhere to them.

By using our site and/or enlisting in a Challenge, the Customer agrees to be bound by the following terms and conditions, as well as any other terms and conditions and policies linked herein and/or accessible through a hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, consumers, merchants, and/or content creators.

Please carefully read these Terms before accessing or using our website. By accessing or using any part of the site, the Customer agrees to be bound by these Terms. If the Customer does not agree to all of the terms and conditions of this agreement, the Customer may not visit the website or use any Services. If these Terms are deemed an offer, acceptance is strictly limited to these Terms. The Services are only available to those over the age of 18 & who reside in countries where the Services are provided. The list of countries the Provider does not provide service to is listed here.

Any additional features or tools added to the existing site (within the given accounts area) will be subject to the Terms as well. The most recent version of the Terms can be seen on this page at any time. By making updates and/or changes to our website, we reserve the right to update, change, or replace any part of these Terms. It is the Customer’s responsibility to check this page periodically for changes. The Customer’s continued use of or access to the website after the posting of any changes constitutes acceptance of those changes.

IN ACCORDANCE WITH APPLICABLE LAWS

NONE OF THE SERVICES PROVIDED TO THE CUSTOMER BY THE PROVIDER CAN BE CONSIDERED INVESTMENT SERVICES. THE PROVIDER DOES NOT GIVE OR PROVIDE TO THE CUSTOMER ANY GUIDANCE, INSTRUCTIONS, OR INFORMATION ABOUT HOW OR IN WHAT MANNER THE CUSTOMER SHOULD PERFORM TRANSACTIONS WHEN USING THE SERVICES OR OTHERWISE, NOR ANY OTHER SIMILAR INFORMATION ABOUT THE INVESTMENT TOOLS TRADED, AND THE PROVIDER DOES NOT ACCEPT ANY SUCH GUIDANCE, INSTRUCTIONS, OR INFORMATION FROM THE CUSTOMER. NEITHER THE SERVICES NOR THE RECOMMENDATIONS CONSTITUTE INVESTMENT ADVICE. THE PROVIDER'S EMPLOYEES, STAFF, AND REPRESENTATIVES ARE NOT AUTHORISED TO GIVE INVESTMENT ADVICE OR RECOMMENDATIONS. IF ANY INFORMATION OR STATEMENT OF THE PROVIDER'S EMPLOYEES, STAFF, OR REPRESENTATIVES IS INTERPRETED AS INVESTMENT ADVICE OR RECOMMENDATIONS, THE PROVIDER EXPLICITLY DISCLAIMS THAT SUCH INFORMATION OR STATEMENT IS INVESTMENT ADVICE OR RECOMMENDATIONS AND SHALL NOT BE RESPONSIBLE FOR THEM.

We may provide third parties access to our website to debug and/or maintain issues with our website, database, or infrastructure. These accesses are monitored and restricted once the scope of work is undertaken.

The Customer must pay registration/onboarding fees to have access to the FundedNext (a brand of GrowthNext-F.Z.E.) Services. If the Service has begun (i.e., the Customer has started trading) and/or the Customer has not successfully completed the Evaluation, the Customer is not entitled to a refund of the registration fee. ALL PAYMENTS ARE FINAL AND ONLY FOR THE PURPOSE OF EVALUATION .

Section 1 - Terms of Online Registration

In signing these Terms, the Customer officially confirms that they are at least 18 years of age or of legal age in their state or province of residence. As a condition of using the Services, the Customer agrees not to engage in any illegal or unauthorized activities (including but not limited to infringement of copyright laws). The Customer’s access to the Services will be terminated immediately if the Customer violates any of these Terms .

Section 2 – General Conditions

The Provider reserves the right to refuse service to anyone at any time for any reason. The Customer acknowledges that their content (except for credit card information), which is not of a sensitive nature, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Without the Provider's express written consent, the Customer agrees not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided. The headings used in this agreement are included for convenience only and will not limit or otherwise affect the Terms .

Section 3 – Information Accuracy, Completeness, and Timeliness

The Customer acknowledges that the services and content are provided "as is" with all faults, defects, or potential shortcomings, and that the use of such services and content is solely at the Customer's own risk. While the Provider endeavors to ensure that all information is accurate and current, it recognizes that technology may have inherent limitations. Consequently, the Customer accepts these potential limitations and agrees to use the services with this understanding. To the maximum extent permitted by applicable law, the Provider disclaims all warranties, whether statutory, express, implied, or otherwise, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, or non-infringement of rights.

Section 4 – Changes to the Service and Prices

Product prices are subject to change without prior notice. The Provider reserves the right to modify or discontinue the Service (including any accounts offered or any part or content thereof) at any time and without prior notice. The Provider shall not be liable to the Customer or to any third-party for any modification, price change, suspension, or discontinuance of the Service .

Section 5 – Products or Services

The Provider retains the right, but not the obligation, to limit the access of their Services to any person, geographic region, or jurisdiction. This discretion may be exercised on a case-by-case basis. Furthermore, the Provider reserves the right to limit the quantities of any products or services that it offers. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of the Provider. The Provider also reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

The Provider does not warrant that the quality of any products, services, information, or other material purchased or obtained by the Customer will meet the Customer's expectations, or that any errors in the Service will be corrected.

Section 6 – Account Information and Billing Accuracy

The Provider reserves the right to refuse any order placed with them. In the Provider's sole discretion, there may be limits or cancellations on the quantity of items purchased per individual, per household, or per order. These restrictions could be applied to orders made by the same Customer’s account, the same credit card, and/or to orders that utilize the same billing and/or shipping address. Should an order be changed or cancelled, the Provider will attempt to notify the Customer by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Additionally, the Provider reserves the right to limit or prohibit orders that, in the Provider's sole judgment, appear to be placed by dealers, resellers, or distributors.

The Customer agrees to provide current, complete, and accurate purchase and account information for all purchases made at the Provider's site. The Customer also agrees to promptly update their account and other information, including email address, credit card numbers, and expiration dates, so that the Provider can complete transactions and contact the Customer as needed.

For any and all withdrawal requests, a processing fee is applied to cover transaction costs and associated charges incurred by the payment provider. These fees are determined by the payment providers and are as follows:

Rise: A processing fee of up to 3%.

These fees are applied regardless of the withdrawal amount and are subject to variation depending on the payment provider and prevailing market conditions. The Provider does not impose or add any additional charges to these fees. By submitting a withdrawal request, the Customer acknowledges and agrees to the application of the processing fee as determined by the payment provider.

Section 7 – Additional Resources

The Provider may provide the Customer with access to third-party tools over which the Provider neither monitors nor has any control nor input. The Customer acknowledges and agrees that the Provider offers access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. The Provider shall have no liability whatsoever arising from or related to the Customer's use of optional third-party tools.

Any use by the Customer of optional tools offered through the site is entirely at the Customer's own risk and discretion, and the Customer should be familiar with and approve of the terms on which tools are provided by the respective third-party provider(s). The Provider may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms .

Section 8 – External Links

Certain content, products, and services available via the Provider's Services may contain materials from third parties. Third-party links on the Provider's site may direct the Customer to third-party websites that are not affiliated with the Provider. The Provider is not responsible for examining or evaluating the content or accuracy, and it does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

The Provider is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. The Customer should review carefully the third-party's policies and practices and make sure they understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 9 – Comments, Feedback, and Other Submissions from Users

The Customer agrees that the Provider may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that the Customer sends to the Provider, whether online, by email, by postal mail, or otherwise. The Provider is not and shall not be under any obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

The Provider may, but has no obligation to, monitor, edit, or remove content that the Provider determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or which violates any party’s intellectual property or these Terms.

The Customer represents and warrants that their comments will not violate any rights of third parties, including copyright, trademark, privacy, personality, or any other personal or proprietary right. The Customer further represents and warrants that their comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. The Customer must not use a false e-mail address, pretend to be someone other than themselves, or otherwise mislead the Provider or third parties as to the origin of any comments. The Customer is solely responsible for any comments they make and their accuracy. The Provider takes no responsibility and assumes no liability for any comments posted by the Customer or any third party.

Both the Customer and the Provider shall conduct all interactions under this agreement with the highest degree of fairness and respect. Any action detrimental to the reputation or legitimate interests of either party is strictly prohibited. This agreement imposes an affirmative duty to refrain from such detrimental conduct both during and after the term of the trading relationship. Disputes should be resolved in accordance with the terms of this agreement and applicable law. Violation of these provisions may result in immediate legal action, including a cease-and-desist notice and other legal remedies to protect the rights and interests of the aggrieved party.

Section 10 – Personal Information

The submission of personal data through the website is governed by The Provider's Privacy Policy.

Section 11 – Errors, Inaccuracies, and Omissions

Section 12 – Restricted Uses

The Customer is prohibited from using the site or its content (a) for any illegal purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet. The Provider reserves the right to terminate the Customer's use of the Service and any related website for any breach of these prohibitions.

Export Restrictions (Terms & Condition): FundedNext, which operates in a different capacity, does not offer its products via MasterCard, Visa, JCI, AMEX or any type of credit cards or card payments to the countries restricted due to the sanctions imposed by the US Government, United Nations, and other jurisdictions. These restricted countries include Russia, Burma (Myanmar), Iran, Sudan, Syria, North Korea, Afghanistan, Albania, Belarus, the Central African Republic, Cuba, the Democratic Republic of the Congo, Ethiopia, Lebanon, Libya, Mali, Nicaragua, Somalia, South Sudan, Ukraine, Venezuela, Yemen, and Zimbabwe. This policy is in line with the efforts to comply with global standards against fraud, money laundering, and terrorism financing as enforced by agencies like the Office of Foreign Assets Control (OFAC) and the Financial Action Task Force (FATF). Beside these list of countries, FundedNext does not offer its products or services to nationals and residents of Bangladesh.

Additionally, the Provider has suspended its FundedNext CFDs Services for the U.S. clients, including both nationals and residents, due to unique market conditions in the United States of America. The Provider assures current clients that services will continue as usual and is looking forward to uphold its commitment to providing value to all the traders worldwide.

Section 13 – Limitation of Liability; Disclaimer of Warranties

The Provider does not promise, represent, or warrant that the Customer's use of the service will be error-free, timely, secure, or uninterrupted. The Provider does not warrant that the results obtained from the use of the Service will be accurate or reliable. The Customer acknowledges that The Provider may suspend the service for indefinite periods or cancel the Service at any time, with or without notice to the Customer. The Customer expressly agrees that their use of, or inability to use, the Service is at their sole risk.

The Service and all products delivered to the Customer through The Provider are provided 'as is' and 'as available' for the Customer's use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event will The Provider and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Customer's use of the Service or any products procured using the Service, or for any other claim related in any way to the Customer's use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, The Provider's liability shall be limited to the maximum extent permitted by law.

Section 14 – Indemnification

The Customer agrees to indemnify, defend, and hold harmless The Provider, along with its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands, including reasonable attorneys' fees, made by any third-party due to or arising from theCustomer's breach of these Terms, the documents incorporated by reference, or theCustomer's violation of any law or the rights of a third-party.

Section 15 – Severability

Should any provision of these Terms be deemed unlawful, void, or unenforceable, such provision will be enforceable to the maximum extent permitted by law. The unenforceable part will be considered severed from these Terms, without affecting the validity and enforceability of the remaining provisions.

Section 16 – Termination

Obligations and liabilities arising before the termination date will survive the termination of these Terms for all purposes. These Terms are effective unless and until terminated by either the Customer or the Provider. The Customer may terminate these Terms at any time by notifying the Provider that they no longer wish to use the Services or when they cease using the site.

The Provider may terminate this agreement at any time without notice if, in the Provider's sole judgment, the Customer fails to comply with any term or provision of these Terms . Upon termination, the Customer will remain liable for all amounts due up to and including the termination date, and the Provider may deny the Customer access to the Services .

Section 17 – Entire Agreement

The Provider's decision not to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of rights under these Terms will be effective only if it is in writing and signed by the Provider .

These Terms, along with any policies or operating rules posted by the Provider on this site or in relation to the Service, constitute the full and exclusive understanding and agreement between the Customer and the Provider. This agreement governs The Customer's use of the Service, overriding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between The Customer and the Provider (including, but not limited to, any prior versions of the Terms).

Should any ambiguity or question regarding intent or interpretation arise, it shall be resolved in a neutral manner and not automatically against the drafting party. This approach does not override any statutory rights the Customer may hold under applicable consumer protection laws that are not subject to contractual waiver.

Section 18 – Governing Law

Section 19 – Local Law

The Customer is advised to be fully aware of and comply with all local laws and regulations pertaining to their participation in the Services .

The Customer acknowledges that they are engaging in the Service at their own risk and assumes all responsibility for their participation. By using the Services, the Customer affirms they are over the age of 18 years and acknowledges that the Provider is not responsible for any actions taken by the Customer that may violate local laws. Any such violations are the sole responsibility of the Customer .

Section 20 – Changes to Terms of Service

The Provider reserves the right to modify, update, or revise these Terms at any time at its sole discretion. Any such changes will be communicated to Customers through appropriate means, including but not limited to notifications on the website or via email. The Customer is responsible for reviewing the Terms regularly to stay informed of any updates.

By continuing to access or use the services after such changes have been notified, the Customer agrees to be bound by the revised Terms. The Customer must acknowledge and accept that these Terms are subject to change. It is the Customer’s responsibility to review and understand the current Terms before engaging in any Challenges or using any of the Services provided.

Section 21 – Contact Information

Office Address:
Office No. 7, AI Robotics HUB, C1 Building, AFZ, Ajman, UAE