Last updated: September 18th, 2026
Welcome to www.vestfunded.com, a proprietary trading program (the “Program”) provided by Vest Labs Inc., a Delaware corporation (“we,” “our,” or “us”).
This Terms of Service Agreement (the “Agreement”) explains the terms and conditions by which you may access and participate in the Program. You must read this Agreement carefully. By accessing or using the Program, you acknowledge that you have read, understand, and agree to be bound by this Agreement in its entirety. You also represent that you have the legal authority to accept this Agreement on behalf of yourself and any party you represent in connection with your use of the Services and/or Program. If you do not agree, you are not authorized to access or participate in the Program.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR PARTICIPATION IN THE PROGRAM. THE AGREEMENT CONTAINS IMPORTANT INFORMATION, INCLUDING A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER, BOTH OF WHICH IMPACT YOUR RIGHTS AS TO HOW DISPUTES ARE RESOLVED. YOU SHOULD ONLY PARTICIPATE IN THE PROGRAM IF YOU AGREE COMPLETELY WITH THE AGREEMENT.
RISK ACKNOWLEDGMENT. THE PROGRAM PROVIDES SIMULATED TRADING EVALUATIONS FOR EDUCATIONAL AND SKILL-ASSESSMENT PURPOSES ONLY. ALL ACCOUNTS ARE SIMULATED; YOU DO NOT TRADE REAL CAPITAL, DEPOSIT FUNDS FOR TRADING, OR OWN ANY ASSETS OR ACCOUNTS. TRADING INVOLVES SUBSTANTIAL RISK AND IS NOT SUITABLE FOR EVERYONE. SIMULATED AND HYPOTHETICAL PERFORMANCE HAS INHERENT LIMITATIONS AND DOES NOT REPRESENT ACTUAL TRADING; PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. NOTHING IN THE PROGRAM IS INVESTMENT ADVICE OR AN OFFER TO BUY OR SELL ANY FINANCIAL INSTRUMENT.
Information in relation to the way we handle personal information is included in our Privacy Policy, available at https://www.vestfunded.com/privacy-policy (our “Privacy Policy”).
This Agreement may be amended, changed, or updated by us at any time and without prior notice to you. You should check back often on the website to confirm that your copy and understanding of this Agreement is current and correct. Your non-termination or continued access or use of the website or any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of the Agreement, as modified by such amendments, changes, or updates. We may modify, suspend, or terminate any aspect of the Program, including evaluation criteria, compensation structures, or eligibility requirements, at any time in our sole discretion.
The access to or participation in the Program and any of the Services is void where such access or use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable Laws, and shall not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege.
1. Definitions
In these Agreement and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
“Account” means a user’s account in the Program and other records, all as utilized by us from time-to-time to record a user’s virtual balances of instruments and other usage of the Services.
“Affiliate” means, in relation to us, a direct or indirect subsidiary or parent, and any other entities that we may control, be controlled by, or be under common control with.
“AML” means anti-money laundering, including all applicable Laws prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, fiat currency, or instruments.
“Anti-Corruption” means all applicable Laws prohibiting corruption or bribery of government officials of any kind, including kickbacks, inducements, and any other forms of corruption or bribery.
“Authorized Trader” means any natural person authorized by an Institutional User to access or use the Services on its behalf.
“CFT” means countering the financing of terrorism.
“Evaluation Process” means an evaluation program required by us and designed to assess a user’s trading skill, risk management, and adherence to specified trading parameters.
“Government” means any national, federal, state, municipal, local, or foreign branch of government, including any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to a government instrumentality, including any parasternal company, or state-owned (majority or greater) or controlled business enterprise.
“Government Official” means an officer or employee of any Government, a director, officer, or employee of any instrumentality of any Government, a candidate for public office, a political party or political party official, an officer or employee of a public international organization, and any Person who is acting in an official capacity for any of the foregoing, even if such Person is acting in that capacity temporarily and without compensation.
“Hedging Transactions” means risk-management transactions undertaken by us or our Affiliates using our own capital or balance sheet assets in order to reduce or manage the market exposure generated by virtual trading activity occurring in the Program.
“Institutional User” means any user that is an entity (including any fund or other investment vehicle).
“Laws” means all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to you, to us, or to the Program.
“Person” includes an individual, association, partnership, corporation, company, other body corporate, trust, estate, and any form of organization, group, or entity (whether or not having separate legal personality).
“Prohibited Jurisdiction” means any of: China (including the Chinese mainland, Hong Kong, and the Macao Special Administrative Region), Cuba, Democratic People’s Republic of Korea (North Korea), Iran, Russia and Syria.
“Prohibited Person” means the Government of Venezuela; any citizen or resident of, entity organized within, or Government or Government Official of, any Prohibited Jurisdiction; and any Sanctioned Person.
“Sanctions List” means the “Specially Designated Nationals and Blocked Persons” (“SDN”) List and the Non-SDN Lists, including the “Sectoral Sanctions Identifications List,” published by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”); the Section 311 Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern published by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”); and, any other foreign terrorist organization or other sanctioned, restricted, or debarred party list published under Economic Sanctions, AML, or CFT Laws of or by Governments of the United States, European Union, United Kingdom, or the United Nations.
“Sanctioned Person” refers to any Person that is: (i) specifically listed in any Sanctions List; (ii) directly or indirectly owned 50 percent or more by any Person or group of Persons in the aggregate listed in any Sanctions List, (iii) Government or Government Official of any Prohibited Jurisdiction; or (iv) that is otherwise sanctioned, restricted, or penalized under applicable economic sanctions, AML, or CFT Laws.
“Services” means any and all services provided on our website or through the Program.
“Trade Ideas” means any trades, signals, or strategies you submit through the Program.
2. Right to Use the Website
If you (i) are not a Prohibited Person, (ii) do not operate your Account for the benefit of a Prohibited Person and (iii) otherwise fully comply with this Agreement, we grant you the limited right to use the Services. The right to use the Services is a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable, limited license, and it is subject to the limitations and obligations in this Agreement. Nothing in this Agreement gives you any license (other than as set out in this paragraph), right, title, or ownership of, in, or to the website, Program, any of the Services, the Copyrights, or the Marks. We may suspend or terminate the provision of Services to you or your Account at our sole discretion, as required by applicable Laws, where we determine that you have violated, breached, or acted inconsistent with any of this Agreement, or exposed us or any of our Affiliates to any liability under any applicable Laws.
Every Prohibited Person is strictly prohibited from directly or indirectly holding, owning or operating an Account in any way or otherwise using the Services or the website. No Account may be operated for the financial or other benefit of a Prohibited Person.
We may, in our sole and absolute discretion, without liability to you or any third-party, refuse to let you use of the website, Program and/or one or more of the Services. Such actions may be taken as a result of a number of factors, including without limitation legal/regulatory requirements or demand, our discretion, or your violation of the terms of this Agreement. We may also temporarily suspend your access to the website, Program and/or Services if a technical problem so requires.
You may create, access, maintain, or operate only one Account in the Program and are strictly prohibited from creating or controlling multiple Accounts. Any violation of this single Account policy may result in immediate suspension or termination of all related Accounts, permanent banning of the user from the Program and a prohibition from trading or accessing our Services. These actions may be taken without prior notice, and we will have no liability to you for any such enforcement action.
2A. Institutional and Professional Accounts.
If you are an Institutional User, you represent, warrant, and agree that: (a) you have full power and authority to enter into this Agreement; (b) each Authorized Trader is duly authorized to act on your behalf; and (c) you are responsible for all acts and omissions of your Authorized Traders as if they were your own.
You acknowledge and agree that you are accessing and using the Services in a commercial capacity, are capable of evaluating the merits and risks of using the Services, and are not relying on us or any of our Affiliates for legal, tax, investment, accounting, or other advice.
You will maintain reasonable policies, procedures, and controls designed to ensure compliance with applicable Law (including sanctions, AML, and counter-terrorist financing requirements) and will provide information we reasonably request to verify such compliance.
We may require an Institutional User to execute a separate institutional addendum or other supplemental terms as a condition to access certain features (including APIs). In the event of a conflict, the supplemental terms will control with respect to the subject matter thereof.
3. Proprietary Rights
The trademarks, service marks and trade names, including both word marks and design marks on the website or in the Program or otherwise used in the provision of the Services (the “Mark(s)”) are used by us and our Affiliates under license. You agree not to appropriate, copy, display, reverse engineer, or use the Marks or other content without express, prior, written permission from us or the owner of the Marks, including as a domain name, as social media profile/handle, on a website, in an advertisement or other marketing, as or in connection with a phone number, as or in connection with an email address, in Internet search results, in meta data or code, or in any other manner.
Unless otherwise indicated, all materials on the website or in the Program or otherwise used in the provision of the Services are used by us under license (“Copyrights”). You agree not to appropriate, copy, display, or use the Copyrights or other content without express, prior, written permission from us or the third-party owner.
You may link to the website’s homepage or other pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without prior, express, written consent.
The Program may provide certain social media features that enable you to link, send communications, or display certain content from the website. You may use these features solely as they are provided by us. You may not establish a link from any website that is not owned by you, cause the Program or portions of it to be displayed on or by any other site (for example, by framing, deep linking, or in-line linking), or otherwise take any action with respect to the materials on the website or Program that is inconsistent with any other provision of this Agreement.
The website, Program and Services are protected by copyright, trademark, trade secret and other intellectual property or proprietary rights Laws in various jurisdictions. All rights not expressly granted to you in this Agreement are reserved by us or our licensor(s). Except as expressly authorized by us, you will not (i) license, sublicense, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any Person all or any part of the website, Program or Services in any way, (ii) copy, modify, republish, distribute, or make derivative works based upon all or any part of website, Program or Services, (iii) “frame” or “mirror” all or any part of the website, Program or Services on any other server or wireless or Internet-based device or (iv) reverse engineer or access all or any part of website, Program or its Services in order to (a) build a competitive product or service, (b) build a product or service using similar ideas, features, functions, or graphics of all or any part of the website, Program or Services or (c) copy any ideas, features, functions, or graphics of all or any part of the website, Program or Services.
4. Additional Rights
We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to the website or Program; (b) to review, modify, filter, disable, delete and remove any and all content and information from the website or Program and (c) to the extent permitted by Law, to cooperate with any law enforcement, court or Government investigation or order, or third party requesting or directing that we disclose information or content or information that you provide.
5. Prohibited Uses
You may not:
use the website, Program or any Services in order to disguise the origin or nature of illicit proceeds of, or to further, any breach of applicable Laws, or to transact or deal in, any contraband instruments or other funds or property of any kind derived from illegal activity;
use the website, Program or any Services if any applicable Laws would prohibit, penalize, sanction, or otherwise expose us to liability for any Services furnished or offered to you under this Agreement;
use the website or any Services to interfere with or subvert the rights or obligations of us or the rights or obligations of any other user of the website or any other Person;
use the website or any Services to engage in conduct that is detrimental to us or any other user of the website or any other Person;
falsify or materially omit any information or provide misleading or inaccurate information requested by us or any of our Affiliates at any time;
post, submit, publish, display, or transmit any advertising or promotional material without the prior written consent of us or our Affiliates;
engage in activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks;
engage in activity that violates any applicable Law, rule, or regulation concerning the trading of securities or derivative;
utilize the website, Program or any Services for the financial or other benefit of a Prohibited Person;
use any virtual private network (VPN) or other privacy or anonymization tools, technologies, or techniques to circumvent or attempt to circumvent any of the restrictions contained in this Agreement; or
violate, promote, cause a violation of, or conspire or attempt to violate this Agreement or applicable Laws.
Any use as described in this section shall constitute a “Prohibited Use.” If we determine or suspect that you have engaged in any Prohibited Use, we may address such Prohibited Use through appropriate action as determined by us in our sole and absolute discretion. Such action may include making a report to any Government, Law enforcement, or other authorities, without providing any notice to you about any such report, and suspending or terminating your access to the website, Program or any Services. In addition, should your actions or inaction result in loss being suffered by us, you shall pay an amount to us so as to render us whole, including the amount of taxes or penalties that might be imposed on us.
6. About the Services
Evaluation and Signal-Generation Platform. The Program is a proprietary trading evaluation and signal-generation platform. Users do not execute trades and do not trade their own capital. All trading activity is conducted solely by us, our Affiliates, or designated third-party liquidity providers using their own capital and accounts. Users provide inputs, strategies, or signals only. We retain full discretion over whether, how, and if any user-generated input is used in live trading activity. We do not act as your agent, broker, or intermediary and do not execute transactions on your behalf.
No Custody or Control. Users do not deposit funds for trading purposes. Any balances, metrics, or performance data displayed in the Program or any given Account are for evaluation or reference purposes only and do not represent ownership of assets or trading accounts. At no time does any user control a brokerage or exchange account, have authority to execute trades, or have custody of any funds used in trading. Any performance metrics, balances, or results displayed to you are notional, simulated, or programmatic in nature and do not correspond to any real account held for your benefit.
Evaluation Process and Eligibility. You acknowledge and agree that the Evaluation Process is intentionally rigorous and may be difficult to pass, most participants do not successfully complete the Evaluation Process on their first attempt, we make no representation or warranty that you will pass the Evaluation Process or that your performance will improve over time, and participation in the Evaluation Process is undertaken at your own risk. You should not participate in the Evaluation Process unless you are confident in your trading ability and fully understand that you may not qualify for any subsequent phase of the Program.
Compensation. Any compensation you may receive, if applicable, is determined solely in accordance with the Program rules and does not confer any ownership interest in trading activity. You acknowledge and agree that we may receive revenue, rebates, or other financial incentives from third parties in connection with trading activity, such revenue is retained solely by us, and you have no claim, right, or entitlement to any such amounts.
Conflicts of Interest. You acknowledge and agree that conflicts of interest may exist between you and us, including but not limited to the fact that we may benefit financially from third-party incentives associated with Trade Ideas submitted by you, such incentives are not reflected in any performance metrics or reward payments applicable to you, and we may generate revenue from Evaluation Program fees, including where users do not successfully complete the program and elect to re-enter. You agree that we have no obligation to prioritize your interests over our own and we may act in our own commercial interests at all times. You further acknowledge that you have carefully considered these conflicts before participating in the Services and you expressly consent to such conflicts and waive any claim arising from them.
No Employment Relationship. You are not our employee, contractor, or agent, and nothing in this Agreement shall be deemed to create any employment or service relationship.
Unsolicited. You agree and understand that all virtual trades you submit through the Program are considered unsolicited, which means that you have not received any investment advice from us in connection with any virtual trades, and that we do not conduct a suitability review of any virtual trades you submit. You acknowledge and agree that any payments, rewards, or compensation you may receive are based solely on our Program rules and not derived from any ownership interest in, or entitlement to, profits generated by our trading activity. You further acknowledge that you have no expectation of profits derived from our efforts or those of any third party, and that your participation is limited to submitting Trade Ideas and complying with Program rules.
No Investment Advice. All information provided by the Program is for informational purposes only and should not be construed as investment advice. You should not take, or refrain from taking, any action based on any information contained in the Program. We do not make any investment recommendations to you or opine on the merits of any investment transaction or opportunity. You alone are responsible for determining whether any virtual investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance.
No Fiduciary Duties. To the fullest extent permitted by Law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at Law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
Taxes. We encourage you to speak with your personal tax advisor regarding the tax implications of your participation in the Program and Services.
Jurisdiction. You acknowledge and agree that your access to and participation in the Program and Services constitutes entry into a contractual relationship with Vest Labs Inc. in the State of Delaware, and that, as between you and us, the Services are deemed to be offered and provided from within the State of Delaware. The Services are not intended to constitute, and shall not be construed as, swaps, security-based swaps, or similar regulated instruments, and you agree not to characterize them as such in any proceeding or context.
No Manipulation. You agree that you will not engage in any activity that seeks to manipulate the price or valuation of any instrument available in the Program. This includes, without limitation: (i) manipulating or attempting to manipulate price feeds, (ii) exploiting known or unknown vulnerabilities in data sources or (iii) coordinating with others to distort market prices or data feeds.
Removal of Instruments. WE MAY REMOVE AN INSTRUMENT FROM THE PROGRAM AT ANY TIME, FOR ANY REASON AND WITHOUT PRIOR NOTICE. You acknowledge that while we are using commercially reasonable methods to provide virtual trading functionality to you through our Services, we do not guarantee that the Services will be consistently available. You agree that you assume all risks and potential losses associated with any instrument being removed, price fluctuations or differences in actual versus indicated prices.
No Broker Services. You acknowledge and agree that we do not broker virtual trading orders on your behalf, negotiate terms for any virtual transaction, make investment recommendations, arrange financing, hold customer funds, process trade documentation or conduct independent asset valuations in connection with providing the Services. You are not a customer of any exchange, liquidity provider, or counterparty used by us. Any trading activity occurs exclusively between us (or our Affiliates or counterparty) and the market.
Fees. You may be subject to certain fees and commissions for participating in the Program, including with respect to the Evaluation Process. You agree to promptly pay such fees and commissions as set forth on the website or Program, which we may modify from time to time. You agree that such fees are non-refundable once participation has commenced, regardless of performance or outcome.
Refund Policy. Notwithstanding the Fees paragraph of this Section 6 and Section 20 (Chargeback Policy and Prevention of Fraudulent Disputes), you may request a refund of fees paid to access the Program by submitting a written request to our support team within three (3) days of the date of purchase, provided that you have not engaged with the Program or any Account, including placing any virtual trades or participating in the Evaluation Process.
Non-Reliance. You acknowledge and agree that in entering into this Agreement and using the Services you have not relied and are not relying on any representations, warranties or other statements whatsoever, whether written or oral (from or by us or any person acting on our behalf and including any statements made on social media, Discord, or marketing materials) other than those expressly set out in this Agreement (or other related documents referred to herein) and that you do not have any right or remedy rising out of any representation, warranty or other statement not expressly set out in this Agreement.
7. Hedging Activities
In order to support the stability and functioning of the Program, we or our Affiliates may from time to time enter into Hedging Transactions using our own capital, treasury assets, or balance sheet resources.
Such Hedging Transactions may include, without limitation:
entering into transactions involving instruments or equities or derivatives referencing instruments or equities on third-party trading venues or markets;
acquiring, selling, borrowing, lending, or otherwise transacting in instruments or equities; or
other risk-management activities designed to mitigate or manage exposure arising from trading activity occurring in the Program.
8. No Warranties
The website and Program is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by Law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including (but not limited to) the warranties of merchantability and fitness for a particular purpose. To the maximum extent permitted by Law, you acknowledge and agree that your use of the website and Program is at your own risk; we do not represent or warrant that access to the website and Program will be continuous, uninterrupted, timely, or secure; that the information contained in the website or Program will be accurate, reliable, complete or current; or that the website or Program will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the website or Program. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the website or Program.
9. Assumption of Risk
The Program includes simulated trading environments and internal performance tracking systems. These systems may contain errors, delays, or inaccuracies and may not reflect real market conditions. We make no representation that any simulated or internal results correspond to actual market outcomes or realizable trading performance.
10. Third-Party Resources and Promotions
The website may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and participation in the Program. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. To the maximum extent permitted by Law, you relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
11. Release of Claims
To the maximum extent permitted by Law, you expressly agree that you assume all risks in connection with your access and use of the website and your participation in the Program. To the maximum extent permitted by Law, you further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the website and your participation in the Program.
12. Indemnity
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents and Affiliates from and against all claims, damages, obligations, losses, liabilities, costs and expenses arising from: (a) your access and use of the website and your participation in the Program; (b) your violation of any term or condition of this Agreement, the right of any third party or any other applicable Law, rule or regulation or any inaccuracy in any representation made by you in this Agreement and (c) any other party’s access and use of the website or participation in the Program with your assistance or using any device or account that you own or control.
In furtherance and not in limitation of the foregoing, you agree to promptly reimburse us for all costs and expenses that we may incur when responding to, defending and/or settling any actual or threatened claims made by any third party alleging facts that could reasonably give rise to indemnification by you under this Agreement.
13. Limitation of Liability
Without limiting the following, to the maximum extent permitted by Law, we will not be liable for any losses arising from the operational and infrastructure risks described in Section 9, including any resulting simulated account closure, pricing errors, or inability to access the Services.
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, or Affiliates be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the website or participation in the Program, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the website or Program or the information contained within it. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the website or Program; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the website or the Program; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the website or Program; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the website or Program; and (g) the defamatory, offensive, or illegal conduct of any third party.
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of the website or Program, or 100 United States Dollars (USD), whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply to you. This limitation of liability shall apply to the maximum extent permitted by Law.
14. Resolution of Disputes
We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to support@vestfunded.com so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren’t able to reach an informal resolution within ninety days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.
All disputes arising out of or in connection with this Agreement, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability, shall be finally settled by arbitration administered by the Delaware Conciliation and Arbitration Centre in accordance with its procedural rules. You understand that you are required to resolve all disputes by final arbitration. The arbitration shall occur in English and will be held in the State of Delaware, unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party.
15. Class Action and Jury Trial Waiver
You must bring any and all disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.
16. Governing Law
You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, govern this Agreement and any dispute between you and us. You further agree that the Program shall be deemed to be based solely in the State of Delaware, and that although the website or Program may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the State of Delaware.
17. Language and Contact Details; Feedback
The Agreement and any information or notifications that you or we are to provide shall be in English. If you have any questions relating to these Agreement, your rights and obligations arising from this Agreement and/or your use of the website or Program or any other matter, please contact support@vestfunded.com
If you choose to provide us with input or suggestions regarding problems with or proposed modifications or improvements to the website, Program and/or Services (“Feedback”), then you grant to us a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable and global right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution or fees due to you.
You acknowledge and agree that any Trade Ideas are non-binding suggestions only. We retain sole and absolute discretion to determine whether and how to utilize any Trade Idea. Without limitation, we may:
record a Trade Idea internally and simulate or calculate a hypothetical outcome without executing any transaction; or
execute a transaction based on a Trade Idea using our own capital through one or more third-party counterparties, including trading venues or market makers.
You acknowledge and agree that you have no right to require us to execute any Trade Idea, you have no control over execution, routing, counterparties, or timing; and you may not have visibility into whether or how any Trade Idea is utilized.
18. Privacy
All information we collect on this website and Services is subject to our Privacy Policy. By using the website and/or Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
Our Privacy Policy is a part of this Agreement. Please review our Privacy Policy, which also governs the website and Program and informs users of our data collection practices.
Please note that it is our policy to comply with all facially valid subpoenas, court orders or binding orders issued to us by law enforcement agencies and other Government Officials. This may affect your access to the website and Services and our services to you. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our compliance with applicable Law, the guidance or direction of any regulatory authority or Government Official, or any writ of attachment, lien, levy, subpoena, warrant or other legal order.
19. Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Chargeback Policy and Prevention of Fraudulent Disputes
By purchasing an evaluation and accessing the Program, you explicitly acknowledge and agree to the following terms in this Section 20. These terms are designed to protect both you and us from fraudulent disputes and to ensure fair and transparent operations.
Initiating a chargeback without legitimate cause, particularly after having accessed, utilized, and demonstrably benefited from our Services, may constitute fraudulent or abusive conduct. Legitimate causes for a chargeback are limited to instances of actual unauthorized transactions where your payment details were stolen or used fraudulently, or in rare cases where there was a demonstrable non-delivery of the service as described and agreed upon, and you have exhausted all reasonable attempts to resolve the issue directly with us.
Claims such as “transaction unauthorized” or “service not as described” made after you have demonstrably engaged with and benefited from our Services, including but not limited to accessing your Account, placing virtual trades, completing evaluations (whether passed or not), receiving simulated accounts, or processing reward payments, will be vigorously disputed by us.
In the event of a chargeback initiated without legitimate cause, we reserve the right to:
Vigorously dispute the chargeback with the relevant financial institution, providing all evidence of service delivery, user engagement, and adherence to this Agreement.
Suspend or terminate your access to the Program and all associated services, including any Accounts, simulated accounts, or pending reward payments, immediately and without prior notice.
Pursue legal action against you for damages incurred as a result of the fraudulent chargeback, including but not limited to, the original transaction amount, chargeback fees, administrative costs, legal fees, and any other associated losses or expenses sustained by us.
Report the fraudulent activity to relevant financial institutions, and law enforcement agencies where appropriate.
Prior to initiating any chargeback, you are obligated to first contact our customer support to attempt to resolve any issues or concerns you may have regarding the Service. We are committed to addressing legitimate concerns promptly and fairly. Failure to exhaust reasonable attempts to resolve an issue directly with us before initiating a chargeback may be considered evidence of an unjustified dispute.
21. Entire Agreement
This Agreement (including the Privacy Policy) constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of this Agreement.
No waiver of by us of any term or condition set out in this Agreement will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.