Terms of Service

1. Acceptance of Terms

By accessing or using any service, website, platform, portal, or program operated by The Black Vault Funding, Inc. ("Company," "we," "us," or "our"), you ("Trader," "User," or "you") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, Risk Disclosure, Trader Agreement, and all other policies published on this platform. If you do not agree to these Terms in their entirety, you must immediately cease all use of the platform. Use of the platform after the effective date of any revision constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the State of Minnesota, consistent with the Minnesota Consumer Protection Statutes (Minn. Stat. Chapter 325F) and the Minnesota Deceptive Trade Practices Act (Minn. Stat. § 325D.44). The Company does not engage in deceptive trade practices and represents the nature of its services accurately and transparently.

2. Nature of Services

The Black Vault Funding, Inc. operates a simulated trading evaluation platform ("Platform"). All accounts, trades, positions, and financial activity conducted through the Platform are simulated and do not involve real money, real securities, real futures contracts, or real brokerage accounts. The Company is not a registered broker-dealer, futures commission merchant, commodity pool operator, commodity trading advisor, investment adviser, or money transmitter. Nothing on this Platform constitutes investment advice, a solicitation to trade, or an offer to buy or sell any security or futures contract.

The designation of an account as "funded" or any equivalent terminology refers solely to a program status within the Company's simulated evaluation framework. It does not constitute the establishment of a real brokerage or trading account with any regulated entity.

3. Eligibility

You must be at least 18 years of age and legally capable of entering into binding contracts under the laws of your jurisdiction. Access to the Platform may be restricted in certain jurisdictions. By using the Platform, you represent and warrant that your use does not violate any applicable law or regulation in your jurisdiction. The Company reserves the right to restrict or terminate access for any user who does not meet eligibility requirements or who provides false information.

4. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials. You agree not to share, transfer, or assign your account to any third party. Any activity that occurs under your account is your sole responsibility. You must notify the Company immediately of any unauthorized use of your account. Accounts showing evidence of sharing, copying, or third-party access may be disqualified without refund.

5. Evaluation Programs and Challenge Fees

Access to evaluation programs requires payment of a non-refundable program fee as specified at the time of purchase, subject to the Company's Refund Policy. Program fees are consideration for access to the Platform and evaluation framework, not a deposit, investment, or payment toward a funded account. The Company reserves the right to modify program structures, fees, and rules at any time with reasonable notice. Continued participation after notice of modification constitutes acceptance of the modified terms.

6. Prohibited Conduct

You agree not to: (a) use automated trading systems not disclosed to and approved by the Company; (b) engage in account-copying, mirror trading, or coordinated group trading across multiple accounts; (c) exploit platform errors, data feed anomalies, or pricing discrepancies; (d) use any strategy with the sole purpose of passing an evaluation without reflecting genuine trading skill; (e) reverse-engineer, scrape, or attempt to access non-public platform data; (f) misrepresent your identity, trading history, or geographic location; (g) violate any applicable federal, state, or local law, including without limitation the laws of the State of Minnesota.

Violation of any of these prohibitions may result in immediate account termination, forfeiture of fees paid, and potential legal action.

7. Intellectual Property

All content on this Platform, including but not limited to software, text, graphics, logos, data, algorithms, scoring systems, and evaluation methodology, is owned by or licensed to The Black Vault Funding, Inc. and is protected by United States and Minnesota intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works of any Platform content without prior written consent. Feedback submitted to the Company regarding the Platform may be used by the Company without restriction or compensation to you.

8. Disclaimers of Warranty

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. SIMULATED TRADING RESULTS DO NOT GUARANTEE OR PREDICT REAL-MARKET TRADING PERFORMANCE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT OF PROGRAM FEES PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF OPPORTUNITY, REGARDLESS OF THE THEORY OF LIABILITY.

Some jurisdictions, including Minnesota, do not allow the exclusion or limitation of certain damages. To the extent such limitations are not permitted under Minn. Stat. § 325G or applicable consumer protection law, those limitations shall be deemed modified to conform to the minimum requirements of applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless The Black Vault Funding, Inc. and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform.

11. Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform ("Dispute") shall be resolved by binding individual arbitration administered under the Minnesota Uniform Arbitration Act (Minn. Stat. Chapter 572B), not by a court of law. The arbitration shall be conducted in Minnesota. Each party shall bear its own costs unless the arbitrator determines that a party's claims or defenses were frivolous, in which case the arbitrator may award costs to the prevailing party.

CLASS ACTION WAIVER: YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction in Minnesota for matters involving intellectual property infringement or imminent irreparable harm.

12. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. For any matter not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Minnesota.

13. Modifications to Terms

The Company reserves the right to modify these Terms at any time. Material changes will be communicated via email (if provided) or a prominent notice on the Platform at least fourteen (14) days before taking effect. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the updated Terms.

14. Termination

The Company may terminate or suspend your access to the Platform at any time, with or without cause, with or without notice, including without limitation if you breach these Terms. Upon termination, all rights granted to you under these Terms immediately cease. Sections 7, 8, 9, 10, 11, and 12 survive any termination of these Terms.

15. Entire Agreement

These Terms, together with the Privacy Policy, Risk Disclosure, Trader Agreement, Refund Policy, Payout Policy, Evaluation Rules, Simulated Account Disclosure, and Provider Disclaimer, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede all prior agreements, representations, and understandings.

16. Contact

Legal notices and inquiries should be directed to: The Black Vault Funding, Inc., [email protected]