Checkout And Start Trading

General Terms and Conditions

These General Terms and Conditions (the “GT&C” or “Terms”) govern rights and obligations in connection with the use of services provided by Earnex LLC as described below (the “Services”), offered mainly through the www.funded.earnexprime.com website (the “Website”). Please read these Terms and Conditions carefully. You are under no obligation to use the Services if you do not agree or understand any portion of these Terms, nor should you use the Services unless you understand and agree to these Terms.

1. INTRODUCTORY PROVISIONS
   1. These General Terms & Conditions govern your (“You”, “Your”, or the “Customer”) rights and obligations in connection with the use of the Services provided by Earnex LLC (SVG), a company registered in Saint Vincent and Grenadines under Company Registration No: 1949 LLC 2022 and registered by the Financial Services Authority with its registered address at Suite 305, Griffith Corporate Center, PO Box 1510, Beachmont Kingstown, St Vincent & the Grenadines (hereinafter “Earnex”, “the Company”, “we”, and/or “us”).
   2. By registering on the Website or, where registration is not required, not later than by your first use of the Services, you are entering into a contract with the Company, the subject of which is the provision of the Services of your choice. These Terms form an integral part of such a contract; and, by executing the contract with the Company, you express your agreement to these Terms.
   3. The Services are only intended for persons over the age of 18 residing in a country for which the Services are available. By registering on the Website, you confirm that you are over 18 years of age. If you are under 18 years of age, you may not use the Services. You undertake to access the Services solely from one of the countries for which the Services are available. You acknowledge that your access to and use of the Services may be restricted or prohibited by law in some countries, and you undertake to only access and use the Services in accordance with applicable laws.
   4. The Company shall not provide Services to any Customer that: (i) is of nationality or is residing in Restricted Jurisdictions; (ii) is established or incorporated or has a registered office in Restricted Jurisdictions; (iii) is subject to the relevant international sanctions; or (iv) has a criminal record related to financial crime or terrorism. Restricted Jurisdictions means countries determined as such by the Company and published on the Website or in the framework of these Terms. The Company reserves the right to refuse, restrict or terminate the provision of any Services to Customer as per this Clause 1.4, and such Customer is prohibited to use the Services, which also includes the use of the Client Account and/or Platform. The Company shall not accept registrations from residents of the United States of America for use of the Metaquotes Platform.
   5. The Services consist of the provision of tools for simulated foreign exchange trading on the foreign exchange (forex) market or simulated trading with other instruments on other financial markets, provision of analytical tools, training and educational materials, the access to the Client Account, and other ancillary services, in particular through the Client Account or by the provision of access to applications provided by the Company or third parties. Financial market information is used in the simulated trading; however, you acknowledge that any trading that you perform through the Services is not real. You also acknowledge that the funds provided to you for demo trading are virtual and that you have no right to possess those virtual funds beyond the scope of their use within the Services, and in particular that they may not be used for any actual trading and that you are not entitled to the payment of those funds. Unless expressly agreed otherwise, you will not be paid any remuneration or profits based on the results of your simulated trading, nor will you be required to pay any losses.
   6. None of the services provided to you by the Company can be considered investment services in accordance with applicable laws. The Company does not give or provide to you any guidance, instructions, or information about how or in which manner you should perform transactions when using the services or otherwise, or any other similar information about the investment tools traded, nor does the company accept any such guidance, instructions, or information from you. None of the services constitute investment advice or recommendations. No employees, staff, or representatives of the company are authorized to provide investment advice or recommendations. Should any information or statement of any employee, staff, or representatives of the company be interpreted as investment advice or recommendations, the company explicitly disclaims that the same is investment advice or recommendations and shall not be responsible for them.
   7. Your personal data is processed in accordance with the Privacy Policy.
   8. The meaning of the definitions, expressions, and abbreviations used in these Terms can be found in clause 17.
2. SERVICES AND THEIR ORDER
   1. Youcan order the Services through the Website by completing the appropriate registration or order form when you choose your program or package and place an order. After registration, we will e-mail you the login details for the Client Account and/or Platform and allow you to access them (“Welcome E-mail“).
   2. The Services include, among other things, the
      1. Earnex Funded Evaluations Packages, hereby defined as “Earnex Funded Challenge” (in singular and plural),
      2. Earnex contests (free and paid for),
      3. Verification products;
         1. these products may differ in the scope of the Services provided (such as by analytical tools available to the Customer). 
         2. Free Trading Contests, in which you may use some of the Services within a limited scope and for a limited period free of charge. Competing in Monthly Trading Contests does not entitle you to access any additional Services unless stated otherwise.
         3. The scope of all Evaluations Packages, including trading rules are and risk parameters, is explained in detail in the Evaluations Rules and in the Trading Rules Fact Sheet.
   3. All data that you provide to us through the registration or order form, the Client Account, or otherwise, must be complete, true, and up to date. You must immediately notify us of any change in your data or update the data in your Client Account. The Customer is responsible for all the data provided to be accurate and up to date. The Company is not obligated to verify the data.
   4. You acknowledge that if you provide an identification number, tax registration number, or other similar information in the registration or order form or in the Client Account, or if you state that you are a legal entity, you will be considered as an entrepreneur (trader) for the purposes of these Terms and when using the Services; and the provisions of these Terms or the applicable law that grant rights to consumers will not apply to you.
   5. The price, or the fee charged for the Earnex Funded Challenge, varies according to the Evaluations Package(s) program option selected and depends on the amount of the Account Balance, the degree of the acceptable risk, the parameters that must be fulfilled so that the conditions of the Earnex Funded Challenge and the subsequent Verification are met, and possibly other configurations. More detailed information on each program option and fees for those programs is provided on our Website. The final fee will be determined based on the Evaluation program you select when you complete the online registration form and place your order for the Earnex Funded Challenge. The Company reserves the right to also provide the Services under individually agreed conditions. All individually agreed conditions shall be determined by the Company at its own discretion. Individual discounts and other benefits may not be combined, unless expressly stipulated otherwise by the Company.
   6. The fee paid allows you to access the Earnex Funded Challenge, and/or the Services provided under the Earnex Funded Challenge. The Customer is not entitled to a refund of the fee, for example, if the Customer cancels the Customer’s Client Account or requests the cancellation by e-mail, if the Customer terminates the use of the Services or the contract (for example, fails to complete the Earnex Funded Challenge or the Verification), fails to meet the conditions of the Earnex Funded Challenge or the Verification, or violates these Terms. The Company has a strict NO refunds policy. No refund of the evaluation fee will be reimbursed to you regardless of circumstances.
   7. If the Customer lodges an unjustifiable complaint regarding the paid fee or disputes the paid fee with the Customer’s bank or payment service Company (e.g. through chargeback services, dispute services, or other similar services), on the basis of which an annulment, cancellation or refund of the fee or any part thereof is requested, the Company is entitled, at its own discretion, to stop providing to the Customer any services and refuse any future provision of any services.
   8. Your choice of Evaluation program, or the Earnex Funded Challenge, that you select when placing an order shall also apply to the subsequent Verification. You will start the subsequent Verification; and, possibly, other products related thereto, with the parameters and the same currency that correspond to the program option of the Earnex Funded Challenge selected by you. Once you make a selection, it is not possible to change it. If you are ordering a new Earnex Funded Challenge, the restrictions specified in this clause 2.8 shall not apply.
   9. The Company reserves the right to unilaterally change the fees and parameters of the Services at any time. The change does not affect the Services purchased before the change is notified.
   10. Any data entered in the order form can be checked, corrected, and amended until the binding order of the Services. After you place an order for the Services, the Company will confirm receipt of your order via email. For Trading Contests, the order is complete when the confirmation email is sent to you, executing the contract. In the case of the Earnex Funded Challenge, the order is completed upon the payment of the fee for the selected Evaluation program.  The contract between you and the Company for the provision of the Earnex Funded Challenge and, if the conditions of the Earnex Funded Challenge are met, the Verification is executed by Placing your Order and paying the fee. The contract is concluded in English. We archive the contract in electronic form and do not allow access to it.
   11. You acknowledge that in order to use Our Services, you must obtain the appropriate technical equipment and software, including third-party software (e.g., software for the use of the Platform), at your own risk and expense. The Website is accessible from the most commonly used web browsers. The internet access, purchase of the equipment, and purchase of the web browser and its updates are at your own risk and expense. The Company does not warrant or guarantee that the Services will be compatible with any specific equipment or software. The Company does not charge any additional fees for internet connection.
   12. You acknowledge that the operators of Platforms are persons or entities different from the Company and that their own terms and conditions and privacy policies will apply when you use their services and products. Before sending an order form, you are obligated to read those terms and conditions and privacy policies.
   13. If the Customer places an unusually large number of orders for the Services within an unreasonably short period of time, the Company may notify the Customer through the Client Account as a protective precaution to mitigate potentially harmful behavior of the Customer. If such unreasonable behavior continuous after such notice, we reserve the right to suspend any further orders of the Services by the Customer. If we identify that the unusual behavior as per this paragraph relates to the Customer’s involvement in Forbidden Trading Practices, we may take respective actions as perceived in Section 5 of these Terms. The Company reserves the right to determine, at its own discretion, the nature of the behavior described above and reasonable boundaries for such determination.
   14. All references to Earnex Funded’s hours of trading are in GMT using a 12-hour format. Earnex Funded reserves the right to suspend or modify its trading hours at any time and in such an event will inform its Customers in advance on a best-efforts basis of any changes in its operating hours by a written notification.
3.  PAYMENT TERMS
   1. The amounts of fees for the Evaluations programs, or the Earnex Funded Challenge options, are in USD. The fee can also be paid in other currencies that are listed on the Website. If you select any other currency than the USD, the amount of the fee for the selected option of the Earnex Funded Challenge shall be converted by our or our providers’ exchange rates and it will automatically display your payment total in your chosen currency, so you know how much you are paying before you confirm the order. The Customer acknowledges that if the payment is made in a currency other than the one the Customer has chosen on the Website, the amount will be converted according to the current exchange rates at the time of payment.
   2. Service charges are inclusive of all taxes. If the Customer is an entrepreneur (trader), he is obliged to fulfil all his tax obligations in connection with the use of Our Services in accordance with applicable law, and in the event of an obligation, he is obliged to pay tax or other fees properly.
   3. You can pay the fee for the selected Earnex Funded Challenge by a payment card (credit or debit card) or using any other means of payment that the Company currently offers on the Website, including but not limited to digital currencies via payment card or wallet.
4.  CLIENT ACCOUNT AND PLATFORM
   1. Only one Client Account is permitted per Customer and all of the Customer’s Services must be maintained in the Client Account.
   2. Unless the Company grants an exception to the Customer, the Account Balance amounts may not be transferred between the individual products or mutually combined. You may also not transfer or combine your performance, Service parameters, data, or any other information between the products.
   3. Access to the Client Account and Platform is protected by login data, which the Customer may not make available or share with any third party. If the Customer has registered as a legal entity, the Customer may allow the use of the Services through the Customer’s Client Account to the authorized employees and representatives. The Customer is responsible for all activities that are performed through the Customer’s Client Account or Platform. The Company bears no responsibility, and the Customer is not entitled to any compensation, for any misuse of the Client Account, Platform, or any part of the Services, nor is the Company responsible for any negative consequences thereof for the Customer, if such misuse occurs for any reasons on the part of the Customer.
   4. The Customer acknowledges that the Services may not be available around the clock, particularly with respect to maintenance, upgrades, or any other reasons. In particular, the Company bears no responsibility, and the Customer is not entitled to any compensation, for the unavailability of the Client Account or Platform and for damage or loss of any data or other content that Customer uploads, transfers or saves through the Client Section or Platform.
   5. With respect to clause 5.4.1.6 below, the Company may decrease leverage levels during the Events as defined below, from the standard leverage ratio to 10:1 for FX and Metals starting 10 minutes before the Events and ending 5 minutes after the Events announcement (“Reduced Leverage Window”). Notwithstanding the above, positions which were opened prior to the Reduced Leverage Window shall be affected by the reduced leverage. The Company may, in its sole discretion, lower the leverage ratios for certain periods of time for any kind of Events, and only the ones which fall under the definition of Events as defined below, in such instances, the Customer shall receive a notification at least 24 hours in advance (e.g., during elections or unforeseen circumstances).
   6. The Customer may at any time request the cancellation of the Client Account by sending an e-mail to contactus@funded.earnexprime.com. Sending a request for the cancellation of the Client Section is considered as a request for termination of the contract by the Customer, and thereafter the Customer will no longer be entitled to use the Services, including the Client Account and Platform. The Company will confirm the receipt of the request to the Customer by e- mail, whereby the contractual relationship between the Customer and the Company will be terminated. In such a case, the Customer is not entitled to any refund of the fees already paid or costs otherwise incurred.
5.  RULES OF DEMO TRADING
   1. During the demo trading on the Platform, you may perform any transactions, unless your transactions or trades constitute forbidden trading strategies or practices within the meaning of clause 5.4. You also agree to follow good market-standard rules and practices for trading in financial markets (e.g., risk management rules). Restrictions may also be imposed by the trading conditions of the Platform that you have selected for trading.
   2. You acknowledge that the Company has access to information about the demo trades that you perform on the Platform. You grant the Company your consent to share this information with persons/entities who are in a group with the Company or who are otherwise affiliated with the Company, and you grant the Company and these persons/entities your consent and authorization to handle this information at their own will. You agree that these activities may be performed automatically without any further consent, consultation, or approval on your part being necessary, and that you are not entitled to any remuneration or revenue associated with the use of the data by the Company. The Company is aware that you do not provide the Company with any investment advice or recommendations through your demo trading. You acknowledge that you may suspend your demo trading on the Platform at any time.
   3. The Company bears no responsibility for the information displayed on the Platform, nor for any interruption of, or delay or inaccuracy in the market information displayed through your Client Account.
   4. FORBIDDEN TRADING PRACTICES.
      1. During the demo trading, it is prohibited to:
         1. Knowingly or unknowingly use trading strategies that exploit errors in the services such as errors in display of prices or delay in their update;
         2. Perform trades using an external or slow data feed;
         3. Perform trades which under the sole discretion of the company involve highly speculative trading strategies, involving excessive risk-taking beyond the norms observed in standard trading practices.
         4. Perform, alone or in concert with any other persons, including between connected accounts, or accounts held with different Earnex Funded entities, trades or combinations of trades the purpose of which is to manipulate trading, for example, by simultaneously entering into opposite positions;
         5. Perform trades in violation of the terms and conditions of the company and the platform;
            (e) use any software, artificial intelligence, ultra-high speed, or mass data entry which might manipulate, abuse, or give you an unfair advantage when using our systems or services;
         6. Perform gap trading by opening trade(s):
            (I) When major global news, macroeconomic event or corporate reports or earnings (“events”), that might affect the relevant financial market (i.e. market that allows trading of financial instruments that might be affected by the events), are scheduled; and (II) 2 hours or less before a relevant financial market is closed for 2 hours or longer; or
         7. Otherwise perform trades in contradiction with how trading is actually performed in the forex market or in any other financial market, or in a way that establishes justified concerns that the company might suffer financial or other harm as a result of the customer’s activities (e.g. overleveraging, overexposure, one-sided bets, account rolling, statistical arbitrage).
         8. Perform any trading which is deemed prohibited trading, as determined at the sole discretion of Earnex Funded; and as highlighted in the list of prohibited trading which can be found in the FAQ’s on the Company’s website. Earnex Funded may alter and amend the list of prohibited trading strategies or transactions at any time and will, similarly, update the list in the FAQs on the Website.  It is your responsibility to stay up to date with the list of prohibited trading activities.
      2. As a Customer of Earnex, you should understand and agree that all our Services are for Customer’s personal use only, meaning that only you personally can access your Earnex Funded Challenge and Verification accounts and perform trades. For that reason, you should not, and you agree not to:

         (a) allow access to and trading on your Earnex Funded Challenge and Verification accounts by any third party nor you shall engage or cooperate with any third party in order to have such third party perform trades for you, whether such third party is a private person or a professional; (b) access any third-party Earnex Funded Challenge and Verification accounts, trade on behalf of any third party or perform any account management or similar services, where you agree to trade, operate or manage the Earnex Funded Challenge and Verification accounts on behalf of another user, all whether performed as a professional or otherwise. Please note that if you act or behave in contradiction with the aforesaid, we will consider such action/behavior as a Forbidden Trading Practice under Section 5.4. with respective consequences as perceived under this Terms.

      3. Furthermore, Customer shall not exploit the Services by performing trades without applying market standard risk management rules for trading on financial markets, this includes, among others, the following practices (i) opening substantially larger position sizes compared to Customer’s other trades, whether on this or any other Customer’s account, or (ii) opening substantially smaller or larger number of positions compared to Customer’s other trades, whether on this or any other Customer’s account. The Company reserves the right to determine, at its own  discretion,  whether certain trades, practices, strategies, or situations are Forbidden Trading Practices.
   5. If the Customer engages in any of the Forbidden Trading Practices described in clause 5.4, (i) the Company may consider it as a failure to meet the conditions of the particular Earnex Funded Challenge or Verification, (ii) the Company   may   remove   the   transactions   that   violate the prohibition from the Customer’s trading history and/or not count their results in the profits and/or losses achieved by the demo trading, (iii) the Company may restrict the Customer’s account in terms of leverage for indefinite period of time, or (iiii) to immediately cancel all Services provided to the Customer and subsequently terminate this contract.
   6. In case when some or all Forbidden Trading Practices are executed on one or more Earnex Funded Challenge and Verification accounts of one Customer, or accounts of various Customers, or by combining trading through Earnex Funded Challenge and Verification accounts and Earnex Funded Trader accounts, then the Company is entitled to cancel all Services and terminate all respective contracts related to any and all Customer’s Earnex Funded Challenge and Verification accounts and/or apply other measures in Clause 5.5. The Company may exercise any and all actions in Clauses 5.5 and 5.6 at its own discretion.
   7. If any Earnex Funded Trader accounts were used for or were involved in the Forbidden Trading Practices, this may and will constitute a breach of respective terms and conditions for Earnex Funded Trader account with Earnex or any third-party Company and may result in cancellation of all such user accounts and termination of respective agreements by the third-party Company.
   8. If the Customer engages in any of the practices described in clause 5.4 repeatedly, and the Company has previously notified the Customer thereof, the Company may prevent the Customer from accessing all Services in whole or part, including access to the Client Portal and Trading Platform, no compensation will be paid out to Customer in such case, nor is the Customer entitled to a refund of fees paid.
   9. The Company does not bear any responsibility for the Customer’s external trading or other investment activities performed by the Customer outside the relationship with the Company, for example by using data or other information from the Client Account, Platform, or otherwise related to the Services in real trading on financial markets, not even if the Customer uses for such trading the same Platform that the Customer uses for demo trading.
   10. If the Customer engaged in any of the Forbidden Trading Practices as described in clause 5.4, and the Company subsequently cancelled all Services provided to the Customer resulting in the termination of this contract, as described in clause 5.5, then the Customer has no right to dispute the contract’s termination. Moreover, any illegal action by the Customer such as but not limited to, threats of defamation, social media trolling, against the Company, may result in legal proceedings against the Customer and potentially a judgement in favor of Earnex not exceeding USD100,000.
   11. Financial markets are often characterized by rapid and unpredictable developments. Changes in financial markets can often occur unexpectedly. Trading in financial markets may not be profitable and may result in significant financial losses. Any previous performance, inclusive of trading profit, of the customer’s demo trading is not a guarantee or indication of any further performance.
6.  EARNEX FUNDED CHALLENGE AND VERIFICATION
   1. After placing your order for the Evaluation program, which is paying the fee for the selected Earnex Funded Challenge, the Customer will receive the relevant login data for the Platform at the e-mail address provided by the Customer or in the Client Account. The Customer activates the Earnex Funded Challenge by opening the first demo trade in the Platform. You acknowledge that, by opening the first demo trade, you expressly demand the company provide complete services. If you are a consumer, it means the completion of services before the expiry of the period for withdrawal from the contract, which affects your right to withdraw from the contract, as specified in more detail in clause 12. If you do not activate the Earnex Funded Challenge within 30 calendar days of the date on which it was made available to you, your access to it will be suspended. You can request an extension of access via the Client Account or by sending an e-mail to contactus@funded.earnexprime.com within 30 calendar days of the suspension, otherwise we will terminate the provision of the Services without any right to a refund of the fee.
   2. In order for the Customer to meet the conditions of the Earnex Funded Challenge, the Customer must fulfill all of the parameters as stipulated on the Website.
   3. If the Customer has met the conditions of the Earnex Funded Challenge as stipulated on the Website, and at the same time has not violated these Terms, in particular the rules of demo trading under clause 5.4 and as updated in the FAQs on the Company’s website, the Company will evaluate the Earnex Funded Challenge as successful and will make the Verification available to the Customer free of charge by sending login details to the Customer’s e- mail address or Client Account. The Company does not have to evaluate the Earnex Funded Challenge if the Customer has not closed all trades.
   4. The Customer activates the Verification by opening the first demo trade in the Trading Platform. If the Customer does not activate the Verification within 30 calendar days from the day on which the Customer received the new login data, the Customer’s access to the Verification will be suspended. The Customer may request the renewal of access via the Client Account or by sending an e-mail to contactus@funded.earnexprime.com within 30 calendar days of the suspension, otherwise we will terminate the provision of the Services without any right to a refund.
   5. In order for the Customer to meet the conditions of the Verification, the Customer must fulfill all of the parameters as stipulated on the Website .  If the above conditions are met, the Company will evaluate the Verification as successful and will present the Customer as a potential candidate for Earnex Funded Trader program. The Company does not have to evaluate the Verification if the Customer has not closed all transactions.
   6. If during the Earnex Funded Challenge the Customer does not comply with some of the conditions specified in clause 6.2 (which are the trading parameters as specified on the Website), the Earnex Funded Challenge will be evaluated as unsuccessful, and the Customer will not be allowed access to the subsequent Verification. If during the Verification the Customer does not comply with any of the conditions specified in clause 6.5, the Verification will be evaluated as unsuccessful, and the Customer will not be recommended as a candidate for the Earnex Funded Trader program. In such cases, the Customer’s account and Services will be cancelled without a refund of fees already paid.
   7. The Company’s presentation of the Customer as a candidate for the Earnex Funded Trader Program or Copy Trading Program in no way guarantees Customer’s acceptance into the Earnex Funded Trader Program or Copy Trading Program. The Company is not responsible for Customer being rejected by the Earnex Funded Trader Program for any reason.
7.  SOCIAL MEDIA & PUBLIC COMPLAINTS
   1. Customer should address any concerns or complaints directly with these Terms before posting any of them on social media or other public forums. If the Customer shall post a complaint and or any communication with Earnex Funded publicly, Earnex Funded reserves the right to take any appropriate legal action against the Customer (up to a maximum remedy of US$100,000) if the content is deemed defamatory, misleading, or in violation of Earnex Funded’s trademark rights.
8.  EARNEX FUNDED TRADER AND COPY TRADER PROGRAMIf the Customer is successful in both the Challenge and Verification, the Customer may be offered a contract, at the sole discretion of the Company, to participate in the Earnex Funded Trader Program or Earnex Copy Trading Program. The terms, conditions, and agreement will be between the Customer and Earnex. The Customer acknowledges that their personal data may be shared with a third-party company for purposes of considering offering such a contract.  Earnex Funded reserves the right to rescind its recommendation of the Customer for the Funded Trader Program and/or the Copy Trading Program and may terminate the Customer’s participation in either program without cause in order to ensure delivery of services remains commercially viable and sustainable and that the Company continues to operate in compliance with relevant guidelines.
9. USE OF THE WEBSITE, SERVICES AND OTHER CONTENT
   1. The Website and all Services, including the Client Account, their appearance and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples, and any other content that may form the Website and the Services (collectively as the “Content”), are subject to legal protection pursuant to copyright laws and other legal regulations and are the property of the Company or the Company’s licensors. The Company grants you limited, non-exclusive, non-transferable, non-assignable, non-passable, and revocable permission to use the Content for the purpose of using the Services for your personal use and in accordance with the purpose for which the Services are provided. The Content is not sold or otherwise transferred to you and remains the property of the Company or the Company’s licensors.
   2. All trademarks, logos, trade names, and other designations are the property of the Company or Company’s licensors, and the Company does not grant you any authorization to use them.
   3. Both the Customer and the Company undertake to act in accordance with the principles of fair dealing in the performance of the contract and in mutual negotiations and, in particular, not to damage the good reputation and legitimate interests of the other party. The Customer and the Company will resolve any possible disagreements or disputes between them in accordance with these Terms and the parties agree. 
   4. Any legal relations established by these Terms or related to them, as well as any related on-contractual legal relations, shall arise are governed by the laws of Saint Vincent and the Grenadines and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Saint Vincent and the Grenadines.
   5. Except for the rights expressly set out in these Terms, the Company does not grant you any other rights relating to the Services and other Content. You may only use the Services and other Content as set out in these Terms.
   6. When accessing the Services and other Content, the following is prohibited:
      1. to use any tools that may adversely affect the operation of the Website and Services or that would be intended to take advantage of errors, bugs or other deficiencies of the Website and Services:
      2. to circumvent geographical restrictions of availability or any other technical restrictions;
      3. to make copies or back-ups of the Website and other Content;
      4. to reverse-engineer, decompile, disassemble or otherwise modify the Website and other Content;
      5. to sell, rent, lend, license, distribute, reproduce, spread, stream, broadcast or use the Services or other Content otherwise than as permitted;
      6. to use automated means to view, display or collect information available through the Website or Services; and
      7. to use any other tools or means the use of which could cause any damage to the Company.
   7.  The provisions of clause 8 are not intended to deprive the Customer of the Customer’s consumer rights which cannot be excluded by law.
10.  DISCLAIMER
    1. You acknowledge that the services and other content are provided “as is” with all their errors, defects and shortcomings, and that their use is at your sole responsibility and risk. To the maximum extent permitted by the mandatory laws, the company disclaims any statutory, contractual, express, and implied warranties of any kind, including any warranty of quality, merchantability, fitness for a particular purpose, or non-infringement of any rights.
    2. To the extent permitted by the mandatory provisions of the applicable laws, the company is not responsible for any harm, including any indirect, incidental, special, punitive or consequential damages, including lost profit, loss of data, personal or other non-monetary harm or property damage caused as a result of use of the services or reliance on any tool, functionality, information or any other content available in connection with the use of the Services or elsewhere on the website. The company is not responsible for any products, services, applications or other third- party content that the customer uses in connection with the services. In case the company’s liability is inferred in connection with the operation of the website or provision of the services by a court of justice or any other competent authority, this liability shall be limited to the amount corresponding to the fee paid by the customer for the services in connection with which the customer has incurred the loss.
    3. The Company reserves the right to modify, change, replace, add, or remove any elements and functions of the Services at any time without any compensation.
    4. The Company is not responsible for its failure to provide the purchased Services if that failure occurs due to serious technical or operational reasons beyond the Company’s control, in the case of any crisis or imminent crisis, natural disaster, war, insurrection, pandemic, a threat to a large number of people or other force majeure events, and/or if the Company is prevented from providing the Services as a result of any obligations imposed by law or a decision of a public authority.
    5. The provisions of Clause 9 are not intended to deprive the Customer of the Customer’s consumer or other rights that cannot be excluded by law.
11.  VIOLATION OF THE TERMSIf the customer violates any provision of these terms in a manner that may cause any harm to the company, in particular, if the customer accesses the services in conflict with clause 1.3 or 1.4, if the customer provides incomplete, untrue or non-updated information in conflict with clause 2.3, if the customer acts in a manner that may damage the company’s good reputation, if the customer violates the demo trading rules pursuant to clause 5.4, if the customer acts in conflict with clause 8.3, and/or if the customer performs any of the activities referred to in clause 8.5, the company may prevent the customer from ordering any other services and completely or partially restrict the customer’s access to all or only some services, including access to the client account and trading platform, without any prior notice and without any compensation.
12.  COMMUNICATION
    1. You acknowledge that all communication from the Company or its partners in connection with the provision of Services will take place through the Client Account or your e-mail address, which you register with us. Written electronic communication by e-mail or through the Client Account is also considered to be written communication.
    2. Our contact e-mail address is contactus@funded.earnexprime.com
13. RIGHT TO WITHDRAW FROM A CONTRACT
    1. You have the right to withdraw from the Terms without giving a reason; however, if you start performing trades with simulated capital on your evaluation, you lose your right to withdraw from the Terms.
    2. Your withdrawal from the Terms must be made via the Client Account or email to contactus@funded.earnexprime.com. Even if you withdraw from the Terms, you will not be entitled to a refund, regardless of your circumstances.
    3. The Company is entitled to withdraw from the Terms in the case of any breach by the Customer specified in Clause 11; or if you have not executed any trades within a consecutive period of two (2) months, whereby your Account shall be deemed inactive and will be considered as a breach of the Terms. We reserve the right to take appropriate action regarding inactive accounts, which may include, but are not limited to, suspension or termination of Terms.  The withdrawal from the Terms has effect from the day of its delivery to the e-mail address of the Customer or through the Client Account.
14.  DEFECTIVE PERFORMANCES
    1. If the Services do not correspond to what was agreed or have not been provided to you, you can exercise your rights from defective performance. The Company does not provide any guarantee of the quality of the services. You must notify us of the defect without undue delay at Our e-mail address or at Our address listed. When exercising the rights from defective performance, you may request that We remedy the defect or provide you with a reasonable discount. If the defect cannot be remedied, you can withdraw from the contract or claim a reasonable discount.
    2. Wewill try to resolve any complaint you may lodge as soon as possible (no later than within 30 calendar days), and we will confirm its receipt and settlement to you in writing. If We do not settle the complaint in time, you have the right to withdraw from the contract. You can file a complaint by sending an e-mail to our e-mail address complaints@funded.earnexprime.com.
15. CHANGES TO THE TERMS
    1. The Company reserves the right to change these Terms from time to time with effect for the contract previously entered into by the Customer. The Company will notify the Customer of the change in the Terms as soon as possible before the change in the Terms is effective, via the Client Account or by e- mail. If the Customer does not agree with the change, the Customer is entitled to reject it. The Customer must do so no later than on the last business day before these changes take effect by sending the rejection to our e-mail address contactus@funded.earnexprime.com. Upon receiving such rejection, the contract will be terminated. If the Customer does not reject the change, it is considered that the Customer agrees to the new version of Terms.
    2. If the change offers the Customer a new service or other additional functionalities or this change is solely to their advantage, the Company can inform the Customer about this change less than 7 days before the effective date of such change.
    3. The Company will mainly change these Terms for the following reasons:
       1. to introduce new services or products or amend existing services or products;
       2. to reflect legal or regulatory requirements that apply to the Company;
       3. when the Company will try to make these Terms easier to understand or more helpful to the Customer;
       4. to adjust the way our Services are provided, particularly if the change is needed because of a change in the way the technology is provided or background processes;
       5. to reflect changes in the cost of running our business.
16. FINAL PROVISIONS
    1. The Company has not adopted any consumer codes of conduct.
    2. These Terms constitute the complete terms and conditions agreed between you and the Company and supersede all prior agreements relating to the subject matter of the Terms, whether verbal or written.
    3. Nothing in these Terms is intended to limit any legal claims set out elsewhere in these Terms or arising from the applicable law. If the Company or any third party authorized thereto does not enforce the compliance with these Terms, this can in no way be construed as a waiver of any right or claim.
    4. The Company may assign any claim arising to the Company from these Terms or any agreement to a third party without your consent. You agree that the Company may, as the assignor, transfer its rights and obligations under these Terms or any agreement or parts thereof to a third party. The Customer is not authorized to transfer or assign the Customer’s rights and obligations under these Terms or any agreements or parts thereof, or any receivables arising from them, in whole or in part, to any third party.
    5. If any provision of the Terms is found to be invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. No past or future practice established between the parties and no custom maintained in general or in the industry relating to the subject-matter of the performance, which is not expressly referred to in the Terms, shall be applied and no rights and obligations shall be derived from them for the parties; in addition, they shall not be taken into account in the interpretation of manifestations of the will of the parties.
    6. The schedules to the Terms form integral parts of the Terms. In the event of a conflict between the wording of the main text of the Terms and any schedule thereof, the main text of the Terms shall prevail.
    7. Prior to the mutual acceptance of these Terms, the parties have carefully assessed the possible risks arising from them and accept those risks.
17. DEFINITIONS, EXPRESSIONS AND ABBREVIATIONS USED
    1. For the purposes of the Terms, the following definitions shall have the following meanings:
       1. “Client Account” means the user interface located on the Website;
       2. “Content” means the Website and all Services, including the Client Section, their appearance and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples and other content that may form  the  Website  and  the  Services  (as  set  out  in  clause  8.1);

          19.1.3. “Customer” means the user of the Services (as set out in clause 1.1);

       3. “Events” means events as set out in clause 5.4.1
       4. “Earnex Funded Challenge and Verification account” means trading accounts related to trading education courses provided as part of the Services by the Company;
       5. “Earnex Funded Trader account” means a trading account, which relates to the Earnex Funded Trader program provided by a third-party Company;
       6. “Forbidden Trading Practices” means trading practices strictly forbidden while using Our Services and are more detailed in Section 5.4 of these Terms;
       7. “Terms” means these General Terms and Conditions of Earnex Funded;
       8. “Company” means the Company of certain Services (as set out in clause 1.1);
       9. “Restricted Jurisdictions” are Zimbabwe, Iran, Iraq, North Korea, Somalia, Vietnam, Burundi, Central African Republic, Ivory Coast, Liberia, Libya, Sudan, Cuba, Syria, Afghanistan, Yemen, Palestine, Myanmar, Nicaragua, Congo Republic, Crimea, Democratic Republic of Congo, Eritrea, Guinea, Guinea-Bissau, Papua New Guinea, South Sudan, Vanuatu, Venezuela, Algeria, Russia, Kenya and Ghana, United States of America (USA).
       10. “Services” means the Company’s services as set out in clauses 1.1 and 1.5;
       11. “Trading Platform” means an electronic interface provided by a third party in which the Customer performs the demo trading; and
       12. “Website” means the website www.funded.earnexprime.com.
    2. For the purposes of the Terms and their schedules, the following expressions and abbreviations shall have the following meanings:
       1. “Calendar Day” means the period from midnight to midnight of the time currently valid in the UK;
       2. “Initial Capital” means a fictitious amount that the Customer has chosen when selecting the option of the Earnex Funded Challenge and which the Customer will use to perform demo trading;
18.  JURISDICTION

    These Terms are governed by the Laws of Saint Vincent and the Grenadines and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Saint Vincent and the Grenadines.

Applicant Statement of confirmation and Acknowledgement

I/we, being the above-named applicant, have read and understood the “Terms” accompanying this Account Application Form, and authorize Earnex LLC (SVG) trading as Earnex Funded establish an Account on my/our behalf.

I/we acknowledge and agree that I/we have voluntarily and fully consented to paying the Evaluation package fee to the Company by placing an order corresponding to the selected Challenge  I/we have selected above on The Company’s Registration form on its Website. The Company may present the Confirmation and Acknowledgement as evidence to refute any chargeback in connection with an Evaluation package Fee paid by me/us and may recover from me/us any costs (including administrative and legal costs on a full indemnity basis) it incurs to refute a chargeback or recover an Access Fee associated with an unsubstantiated chargeback.