Terms and conditions

PLEASE READ THESE GENERAL TERMS & CONDITIONS (the “GTC”) WITHCAUTION. BY ACCESSING OR USING THIS WEBSITE OR OUR SERVICES, YOU GIVE YOURTACIT CONSENT TO BE BOUND BY THESE GTC INCLUDING, WITHOUT LIMITATION, TO ANYPROVISION HEREUNDER BY MEANS OF WHICH YOU MAY BE, TO THE EXTENT PERMISSIBLE ATLAW, WAIVING CERTAIN RIGHTS.

1. INTRODUCTORY PROVISIONS

1.1

The present GTC shall govern the rights and obligations of the Customer (“you”,“your”, or the “Customer”) stemming from the use of the Services (as defined here in below) being rendered by HYDRA FUNDING LLC, a Limited Liability Company, organized and existent under the Laws of the State of Wyoming, United States ofAmerica - USA, with registered address at 1309 Coffeen Ave Ste 1200, Sheridan,WY 82801, USA (“we”, “our”, or the “Provider”), made available through https://www.hydrafunding.io/(the “Website”). Please read these GTC carefully. You are under no obligation to use the Services if you do not agree or understand any portion of the GTC.Should you have any reservations, objections or otherwise difficulties in fully understanding and agreeing to the terms and conditions under the GTC, you should refrain from using the Services.

1.2

Byeither registering on the Website, or otherwise using the Services regardlessof prior registration, whether such registration may or not be required, youshall be deemed to have entered into an agreement with the Provider for theprovision of the respective Services. The aforesaid agreement shall be ineffect as of the date of your first use of the Service. The GTC are a vitalpart of that agreement and, by accepting the terms thereto, you are also consigningto the terms set forth in the GTC.

1.3

UNDER NO CIRCUMSTANCE MAY ANY SERVICES PROVIDED TO YOU BY THE PROVIDER BE CONSIDERED INVESTMENT SERVICES,WHETHER IN TERMS OF APPLICABLE LAWS OR OTHERWISE. YOU REPRESENT TO HAVE ACKNOWLEDGE DAND UNDERSTOOD THAT THE PROVIDER DOES NOT GIVE OR PROVIDE TO YOU ANY FINANCIAL OR INVESTMENT ADVICE, GUIDANCE, INSTRUCTIONS, OR INFORMATION PERTAINING TO WHICH,FORM, OR MANNER OF, TRANSACTIONS YOU SHOULD OR MAY CARRY OUT IN CONNECTION WITH THE USE OF THE SERVICES OR OTHERWISE, AND NEITHER MAY YOU REQUEST NOR SHALL THE PROVIDER PRODUCE ANY OTHER SIMILAR INFORMATION, WHETHER DIRECTLY OR INDIRECTLY RELATED TO INVESTMENT TOOLS TO WHICH YOU MAY BE EVENTUALLY EXPOSED THROUGH THE USE OF THE SERVICES, SPECIALLY WHEN SUCH PROVISION OF INFORMATION WOULD BE CONSTRUED AS AN ACTIVITY RESTRICTED TO LICENSED AUTHORIZED OR OTHERWISE REGULATED FINANCIAL SERVICE PROVIDERS. FURTHER PROVIDED THAT UNDER NO CIRCUMSTANCE SHALL ANY FORM OF COMMUNICATION, INFORMATION OR GUIDANCE EVENTUALLY RENDERED BY THE PROVIDER IN CONNECTION WITH YOUR USE OF THE SERVICES CONSTITUTE INVESTMENT ADVICE OR RECOMMENDATIONS. THE FOREGOING NOTWITHSTANDING, THE PROVIDER HEREBY WARRANTS THAT NONE OF ITS EMPLOYEES,STAFF, OR REPRESENTATIVES ARE AUTHORIZED TO PROVIDE INVESTMENT ADVICE OR RECOMMENDATIONS. THE PROVIDER EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION OR STATEMENT OF ANY SUCH EMPLOYEE, STAFF, OR REPRESENTATIVES INTERPRETED AS INVESTMENT ADVICE OR RECOMMENDATIONS.

2. DEFINITIONS

2.1

Unless explicitly provided for otherwisehereunder, the definitions and rules of interpretation in this clause 2 shall applythroughout the GTC:

2.1.1

"Client Portal" means the userinterface located at the Website;

2.1.2

“Customer” means the user of the Services;

2.1.3

“HYDRATrader” means the customer asdefined under clause 12 below;

2.1.4

“GTC” means these general terms and conditions;

2.1.5

“Trading Platform” means theelectronic interface provided by a third-party wherein the Customer will beable to perform simulated trades in connection with the Services pursuant tothe GTC;

2.1.6

“Website” means the website https://www.hydrafunding.io/

3. AGE AND PROHIBITED JURISDICTIONS

3.1

TheServices are exclusively offered to and may be solely used by persons older thanthe age of eighteen (18) years and residing in a jurisdiction where the accessto or use of the Services is not restricted by the applicable law. By consentingto the GTC in terms of clause 1 hereinabove, you warrant and represent tous to be older than the age of eighteen (18) years.

3.2

You agree to only accessthe Services from a country where such access and use thereof are notprohibited or otherwise restricted in terms of the applicable law. Youunderstand that there may be restrictions or laws in some countries thatprohibit your access to or use of the Services, and you undertake to only usethe Services in compliance with all relevant laws.

3.3

Wereserve the right to refuse, restrict or terminate the provision of any and allServices to any Customer that:(i) is subject to the relevant internationalsanctions, (ii) has a criminal record related to financial crime, or(iii) resides in a Prohibited Jurisdiction. You understand that there maybe restrictions or laws in some jurisdictions that prohibit your access to oruse of the Services, and you undertake any and all responsibility for usingsuch services in compliance with the relevant laws of your jurisdiction (formore information on what jurisdictions may be deemed prohibited, please referto our FAQs section at https://www.hydrafunding.io/#f-a-q).

3.3

Yourpersonal data is processed in accordance with the https://www.hydrafunding.io/privacy

4. SERVICES

4.1

TheServices offered encompass the granting of access to tools that enable simulated foreign exchange trading in the FOREX market or simulated trading with other financial instruments on other financial markets including, without limitation, the provision of analytical tools, training and educational materials, access to the Client Portal, and other supplementary services. TheseServices can be accessed through the Client Portal or through applications that may be provided by the Provider or third-party entities from time to time.

4.2

The use of financial market information in connection with the simulated trading notwithstanding, you acknowledge and agree that no trading carried out through the Services shall involve real funds or be sent to live markets for execution or liquidation. The funds provided for simulated trading are entirely fictional and you have no right to keep or use these funds outside of the Services. You acknowledge that these fictitious funds cannot be used for actual trading and therefore you will not be entitled to any payments thereof. You further acknowledge and agree that any activities carried out by you through or in connection with the simulated environment exclusively pertain to an evaluation process and, unless explicitly stated otherwise, you will not receive any compensation or profits based on the results of your simulated trading nor you will bear any losses therefrom.

4.3

The Services are offered and may be acquired through the Website by means of completing the appropriate registration procedures or order form. Upon your Successful registration, you will receive an e-mail with the login credentials for the Client Portal and further instructions to accessing the TradingPlatform.

4.4

It is comprised in the Services, among other things: HYDRA Evaluation and the subsequent HYDRA Verification. These products may differ in the scope of the Services provided (e.g. by analytical tools available to the Customer).

4.5

Any data entered in the order form should be checked, corrected, and amended until the binding order of the Services. The Services of your choice may be ordered by electronically submitting the order form. The Provider will immediately confirm the receipt of your order to your e-mail address. Having ordered a HYDRA Evaluation, that order will be completed upon the settlement of the fee thereto, the confirmation of receipt of which shall be construed as sufficient evidence of your tacit consignment to have entered into and duly executed a binding contract with the Provider in respect thereof and. The contract is concluded in English and English will be the prevailing language in the case of dispute. We keep records of the contract in electronic form and do not allow access to it.

4.6

The option of the HYDRA Evaluation that you select when placing an order will also apply to the subsequent HYDRA Verification.You will begin the subsequent verification and any related products using the parameters and currency that correspond to the HYDRA Evaluation option you selected. This selection cannot be changed once made, except by means of further acquisition of add ons, as offered by the Provider at our sole and exclusive discretion.

4.7

Restrictions specified in clause 4.6. will not apply to any new order of a HYDRA Evaluation submitted by the Customer.

4.8

The Customer must ensure that all information provided throughout the registration process, whether completed by means of the Client Portal, or otherwise under the respective order form, is complete, accurate, and up-to-date. In the event of changes to the Customer information, the Customer undertakes herein to timely notify the Provider and update that information in the Client Portal.The Customer is solely responsible for ensuring the accuracy and timeliness of the information provided. The Provider is not obligated to verify this information.

4.9

You acknowledge that, for the purposes of utilizing our Services, you are required to secure the necessary technical hardware and software, including third-party software (e.g. software to use theTrading Platform), at your own cost and responsibility. The Website can be accessed through widely used web browsers. You bear the responsibility and cost of acquiring internet access, any required hardware, and obtaining and maintaining an up to date web browser. No warranty or guarantee is given by the Provider with respect to compatibility with any specific hardware or software.

4.10

You acknowledge that the trading platforms are provided by third-parties, the access and use of such platforms are subjectto their own terms, conditions, and privacy policies, as in effect from time to time. It is your responsibility to read and understand those terms, conditions, and privacy policies before submitting an order form.

4.11

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 Portal, or if you state that you are a legal entity, you will be considered as an entrepreneur (trader) for the purposes of theseGTC and when using the Services, and the provisions of these GTC or theapplicable law that grant rights to consumers will not apply to you.

4.11.1

Without prejudice to the foregoing, If theProvider determines, at its sole discretion, that the Customer's actions in terms of this clause 4.11 fall under the material breaches Pursuant to clause 10 herein below, then the Provider reserves the right to undertake the appropriate actions thereto.

4.11.2

It is the Provider’s sole and exclusive prerogative to determine what constitutes an unreasonable behaviour, and the limits for such determination, in terms of this clause 4.11.

4.12

Should the Customer place an excessive number of orders for the Services within an unreasonable time frame, the Provider reserves the right then to send a warning through the Client Portal as a measure to prevent any potentially harmful activity by the Customer, provided further that, should such behaviour persist thereafter, the Provider reserves the further right to stop processing any or all orders from the Customer, whether previously or subsequently placed by that Customer.

5. FEES

5.1

Access to HYDRA Evaluation or the Services provided in connection with the HYDRA Evaluation are subject to payment of a fee (the “Fee”).

5.2

The fee for the HYDRA Evaluation varies according to the option selected and depends on the amount of the initial capital, the degree of the acceptable risk, the parameters that must be fulfilled so that the conditions of the HYDRAEvaluation and the subsequent HYDRA Verification are met, and possibly other configurations.More detailed information on individual options and fees for those options are provided on our Website https://prop.hydrafunding.io/buy-challenge/.The final fee will be determined based on the selected options thereunder.

5.3

The Provider reserves the right to offer the Services under individually negotiated terms. The Provider has sole discretion in determining these individually negotiated terms. Individual discounts and other benefits cannot be combined unless explicitly stated otherwise by the Provider.

5.4

Below is a non-exhaustive list of instances in which the Customer is not entitled to a refund of the Fee:

5.4.1.1

if the Customer cancels the Client Portal or requests the cancellation by e-mail;

5.4.1.2

if the Customer terminates the use of the Services prematurely (for example, fails to complete the HYDRA Evaluation or HYDRA Verification);

5.4.1.3

fails to meet the conditions of the HYDRA Evaluation or HYDRA Verification;

5.4.1.4

is found in material breach or violation in terms of the GTC.

5.5

If the Customer makes an unjustifiable complaint regarding a settled fee or disputes the Fee with their bank or payment service provider (such as through chargeback services, dispute services, or similar services) and requests a cancellation, annulment, or refund, the Provider reserves the right, at our sole discretion, to cease and refuse any provision, future or otherwise, of Services to the Customer.

5.6

The Provider reserves the right to amend, adjustor otherwise alter the fees and parameters of the Services at any time, including the parameters for their successful completion. The changes will not apply to purchases of Services that have been effected and duly settled prior the notification of such changes.

6. PAYMENT TERMS

6.1

The Fees for the HYDRA Evaluation options are in US Dollars, or any such other currency as listed on the Website. If you choose a currency other than the USDollar, the Fee for the selected HYDRA Evaluation option will be converted based on our rates and will be displayed as the payment total in your selected currency for your review prior to the order confirmation. Please be aware that, should the payment be made in a currency other than the one selected on theWebsite, the amount will be converted at the current exchange rate applied by the third-party payment provider at the time of payment including, without limitation, with any exchange premiums therefrom being borne by you.

6.2

All taxes are included in the service fees. If the Customer is an Entrepreneur suchCustomer is required to fulfil its tax obligations as per the applicable laws.In case of any tax liability, such Customer must make proper payment for taxes or any other fees.

6.3

The Fee can be paid via credit/debit card, cryptocurrency, or any such other payment method offered on the Website.

6.4

If paying by credit/debit card or any other quick payment method, the payment will be made instantly. The Customer is responsible for any fees charged by the selected payment service provider (as per their current price list) and must ensure the complete fee for the chosen HYDRA Evaluation is paid.

7.  CLIENT PORTAL AND TRADING PLATFORM

7.1

Only one Client Portal is permitted per Customer and all of the Customer’s Services must be maintained in the Client Portal.

7.2

The total number of HYDRAEvaluations and HYDRA Verifications per one Client Portal may be limited depending on the total sum of the initial capital amounts of the products ordered by the Customer or on the basis of other parameters.

7.3

Unless the Provider grants an exception to the Customer, the initial capital amounts may not be transferred between the individual products or mutually combined. The Customer is prohibited from transferring or combining the Customer’s performance,Service parameters, data, or any other information between the products.

7.4

If paying by credit/debit card or any other quick payment method, the payment will be made instantly. The Custom 5.1.  Access to the Client Portal and Trading Platform is protected by the Customer login data, which theCustomer 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 theServices through the Customer’s Client Section to the authorized employees and representatives. The Customer is responsible for all activities that are performed through the Client Portal or Trading Platform. The Provider bears no responsibility, and the Customer is not entitled to any compensation, for any misuse of the Client Portal and Trading Platform, or any part of the Services, nor is the Provider responsible for any negative consequences thereof for theCustomer, if such misuse occurs for any reasons on the part of the Customer.er is responsible for any fees charged by the selected payment service provider (as per their current price list) and must ensure the complete fee for the chosen HYDRA Evaluation is paid.

7.5

It may be necessary for the Provider to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Services or result in a partial or complete outage of the Services. The Provider provides no assurance that you will receive advance notification of such activities or that the Services will be uninterrupted or error-free. Any degradation or interruption in the Services shall not give rise to a refund or credit of any fees paid by you. In particular, the Provider bears no responsibility, and the Customer is not entitled to any compensation, for the unavailability of the Client Portal or Trading Platform and for damage or loss of any data or other content that Customer uploads, transfers or saves through the Client Portal or Trading Platform.

8. TERM, TERMINATION, SUSPENSION OF SERVICES

8.1

The term of the GTC commences on the date of the Customer’s first use of the Services and shall continue in force throughout any subsequent use of the Services thereafter.

8.2

The Customer may at any time request the cancellation of the GTC by sending an e-mail to support@hydrafunding.io. Sending a request for the cancellation of the GTC is considered as a request for termination of the contract by the Customer, with the Customer being no longer entitled to use the Services, including the Client Portal and Trading Platform. TheProvider will immediately confirm the receipt of the request to the Customer bye-mail, whereby the contractual relationship between the Customer and the Provider will be terminated. In such a case, the Customer is not entitled to any refund of the fees already paid or costs otherwise incurred.

8.3

Any unauthorized use of the Services will be deemed a material breach of the GTC. The Provider, in its sole discretion, may terminate your password, account or use of the Services if you breach or otherwise fail to comply with theGTC. If Service is suspended, whether for non-payment or any other reason, in order to reinstate service, you must re-subscribe to the Services, including the payment of any fees required to be paid by a new subscriber.

8.4

As long as the subscription is active, the Customer receives lifetime account status. An account is considered active if the subscriber has contacted the Provider within the previous 120 days or if there has been a successful attempt to log into the Client Portal. The account will be disabled if it is inactive for more than 120 days. The Customer may reactivate the account by sending a request in writing.

8.4.1

Without prejudice to the foregoing, the Provider shall effect a non-refundable termination of the provision of the Services should theCustomer fail to place a trade order for a period no shorter than thirty (30)consecutive days, at any time following the respective account’s activation date.

9. RULES OF HYDRA CHALLENGES

9.1

During the HYDRA Evaluation and HYDRA Verification simulated trading carried out on the Trading Platform, you may perform any transactions, unless these may be construed as a breach in terms of clause 10. Furthermore, you consent to abide by ethical standards and guidelines when trading financial markets (e.g., risk management rules). The terms of the Trading Platform you have chosen for trading may place additional requirements and restrictions in connection therewith, the responsibility for which is solely yours.

9.2

You agree that information about the demo trades you conduct on the Trading Platform may be available to the Provider. You give the Provider your permission to share this information with individuals or entities that are a part of its group or are somehow connected to it. You also give the Provider and these individuals or entities permission to use this information as they see fit. You acknowledge that these actions may be taken automatically without additional authorization from you, including without the need for further consent, consultation, or approval, and that you are not entitled to any payment or other compensation for theProvider's use of the data.

9.3

The Provider is aware that through your demo trading; you do not offer the Provider any suggestions or advice through your demo trading, you do not offer the Provider any suggestions or advice regarding investments. You understand that you can halt your demo trading at any time on the trading platform.

9.4

The Provider further disclaims any responsibility for the information presented on the Trading Platform, as well as any interruption, delay, or inaccurate market information displayed through your Client Portal.

10. ORDERS PLACEMENT,  TIMING & PRICE

10.1

Significant releases and events. Should you have opted for the “2-Phase Challenge Type”*, it shall be your responsibility to have all positions for the associated symbols, as listed hereunder, closed no later than two (2) minutes in advance of the economic releases pursuant to the respective economic calendar:

*kindly note that the restriction on trading during, or otherwise holding open positions over significant releases and events is not applicable for “1-Phase Challenge Type”

Country
News release
Symbols
USA
Non Farm Payrolls
All
USA
Retail Sales
All
USA
CPI
All
USA
PPI
All
USA
Michigan Consumer sentiment
All
USA
GDP q/q
All
USA
Core PCE Price Index m/m
All
USA
ADP Non-Farm Employment Change
All
USA
ISM Manufacturing PMI
All
USA
ISM Services PMI
All
USA
Crude Oil Inventories (EIA)
USOil, UKOil
USA
Natural Gas Inventories (EIA)
NGAS
USA
FED Interest Rate decision
All
EU
ECB Interest rate decision
All EUR FX pairs
UK
BOE Interest Rate decision
All GBP FX pairs
10.1.1

The foregoing notwithstanding, we keep an updated list of further important releases, or significant events, and their associated symbols, at https://www.hydrafunding.io/#f-a-q, in relation to which new positions must not be opened before and during the two (2) minutes following the economic release pursuant to the respective economic calendar.

10.2

Adherence to market hours and prices. Subject to add ons (i.e., WeekendHolding & Trading add on) eventually offered by the Provider and acquired by the Customer, all positions must be closed no later than two (2) hours in advance of the closing of the relevant market (e.g., every Friday, at 2200h, all FOREX positions must already be closed). A trading halt lasting more than two hours is considered a holiday during which the trader must not have any open positions.[DL1] "Weekend Holding & Trading add on" [DL1]

10.2.1

We reserve the right to close any such positions, or otherwise terminate your account, when found in breach of, or otherwise in the event of failure to adhere to, the challenge rules or the trading agreement in terms of §§ 10.1,10.1.1 and 10.2 herein above ,as the case may be.

10.3

Off-market prices and colluding to take advantage of opposite positions. Trades executed on prices that are demonstrably off-market prices shall be cancelled and any and all profits and losses generated by them annulled.

10.3.1

Simultaneously holding opposing positions indifferent accounts, whether alone or together with other traders, is strictly forbidden. Should we verify that you have undertaken such practice at any time, you will be construed in material breach of the challenge rules or the trading agreement, as the case may be, and the related positions shall be summarily closed.

11. HYDRA EVALUATION AND HYDRA VERIFICATION

11.1

Upon payment of the selected HYDRA Evaluation option fee, the Customer will be sent the necessary login details for the Trading Platform via email or the ClientPortal. To activate the HYDRA Evaluation, the Customer must initiate the first demo trade on the Trading Platform.

11.2

As a consumer, it is acknowledged that upon opening the first demo trade, the Provider is explicitly requested to fulfil the Services prior to the expiration of the withdrawal period, affecting the right to withdraw from the contract as elaborated in clause17.

11.3

Failure to activate the HYDRA Evaluation within 30 calendar days from the day on which it was made available will result in access suspension. Access renewal can be requested via the Client Portal or by emailing support@hydrafunding.io within 6 months of the initial suspension. If not, provision of the Services will be terminated without the possibility of afee refund.

11.4

The HYDRA Evaluation duration is unlimited.

11.4.1

The foregoing notwithstanding, should the Customer fail to place a trade order within the ninety (90) days immediately following the account’s activation, the provision of the Services shall be terminated without the possibility of a fee refund.

11.5

The following parameters must be met[DL1]  by the Customer in order for the Customer to meet the conditions of the HYDRA Evaluation: https://prop.hydrafunding.io/buy-challenge/met [DL1]

11.6

Ifthe Customer has met the conditions of the HYDRA Evaluation specified in clause11.5, and at the same time has not violated these GTC, the Provider willdetermine the HYDRA Evaluation as successful and will make HYDRA Verificationavailable to the Customer free of charge by sending login details to theCustomer’s e-mail address or Client Portal. [DL1] [DL2] [HV3] There is no verification phase for 1step evaluations - how do we stipulate this? [DL1]Customers on single phase evaluations can proceed to requesting a Funded Account [DL2] [HV3]Please note that any mention to "meeting the conditions of theHYDRA Evaluation" as a trigger or otherwise milestone already encompass both challenge types, since it addresses the materialization of events/obligations thereafter.
In this sense, by making reference to the conditions set out at https://prop.hydrafunding.io/buy-challenge/any such reference accounts for all requisites for meeting the conditions of  the respective challenge type.

11.7

The Customer may request the evaluation of the HYDRA Evaluation at any time by sending a request to support@hydrafunding.io.

11.8

The Provider does not have to evaluate the HYDRAEvaluation if the Customer has not closed all trades.

11.9

The Customer activates HYDRA Verification by opening the first demo trade in the TradingPlatform.

11.10

Failure to activate the HYDRA Verification within 30 calendar days from the day on which the Customer received the new login data will result in access suspension. Access renewal can be requested via the Client Portal or by emailing support@hydrafunding.io within 6 months of the initial suspension. If not, provision of the Services will be terminated without the possibility of a fee refund.

11.11

The HYDRA Verification lasts for unlimited time from the date of its activation.  

11.12

The following parameters must be meet by the Customer in order for the Customer to meet the conditions of the HYDRA Verification: https://prop.hydrafunding.io/buy-challenge/

11.13

Provided that the above conditions are satisfied, the HYDRA Verification will be reviewed by theProvider for success, and the Customer may be proposed for the HYDRA Trader program. The Customer may request HYDRA Verification evaluation at any time by contacting support@hydrafunding.io or via the Client Portal. If the Customer has not concluded all trades, the Provider is not obligated to assess HYDRAVerification.

11.14

Failure to adhere to the conditions outlined in clause 11.5. during the HYDRA Evaluation will result in an unsuccessful evaluation, denying the Customer subsequent HYDRA Verification access. Non-compliance with the conditions specified in clause 11.12. during HYDRA Verification will result in an unsuccessful evaluation, and the Customer will not be considered as a candidate for the HYDRA Trader program. In either case, the Customer's account and Services will be terminated without the possibility of a fee refund.

12. HYDRA TRADER

If the Customer is successful in both HYDRA Evaluation and HYDRA Verification, the Customer will be offered a contract (at the Provider’s sole discretion) to participate in the HYDRA Trader Program. The terms, conditions, and agreement between the Customer and the Provider will be governed thereafter by a specific document, separate to the GTC.

13. USE OF THE WEBSITE, SERVICES AND OTHER CONTENT

13.1

All elements of the Website and its Services, including the Client Portal, its appearance, and its various multimedia components such as texts, graphics, icons, and images, are collectively referred to as the "Content." The Content is protected under copyright laws and other legal regulations and is owned by the Provider or the Provider's licensors. The Provider grants a limited, non-exclusive, non-transferable, non-assignable, non-sub licensable, and revocable permission to utilize the Content solely for personal use and in accordance with the Services' intended purpose. The Content remains the property of the Provider or its licensors and is not sold or transferred to theCustomer.

13.2

All trademarks, logos, trade names, and other identifying marks are the property of the Provider or the Provider's licensors. Usage of such identifying marks by the Customer is not authorized by the Provider.

13.3

Both the Customer and theProvider agree to conduct themselves with integrity and fairness in fulfilling their contractual obligations and in their interactions with one another. Specifically, neither party will engage in conduct that would harm the reputation or legal interests of the other party. In the event of any disputes or disagreements, the Customer and the Provider will seek to resolve them in accordance with these GTC and the relevant laws.

13.4

Other than the specific rights outlined in these GTC, the Provider does not extend any additional rights to you regarding the Services and other Content. Your use of the Service sand other Content must be strictly in accordance with these GTC.

13.5

When accessing the Service sand other Content, the following is prohibited:

11.5.1

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 andServices;

11.5.2

to circumvent geographical restrictions of availability or any other technical restrictions;

11.5.3

to make copies or back-ups of the Website and other Content;

11.5.4

to reverse-engineer, decompile, disassemble or otherwise modify the Website and other Content; 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 andServices;

11.5.5

to sell, rent, lend, license, distribute, reproduce, spread, stream, broadcast or use the Services or other Content otherwise than as permitted;

11.5.6

to use automated means to view, display or collect information available through the Website or Services; and

11.5.7

to use any other tools or means the use of which could cause any damage to the Provider.

13.6

The provisions of clause are not intended to deprive the Customer of the Customer’s consumer rights which cannot be excluded by law.

14. DISCLAIMER

14.1

You recognize that the Services and other Content are given "as is" with all their errors, imperfections, and shortcomings, and you accept that using them is your sole responsibility and at your own risk. The Provider disavows any legal, contractual, or implicit warranties of any sort, including but not limited to warranties of quality, merchantability, suitability for a particular purpose, and non-infringement of any rights, to the maximum extent permitted by law.

14.2

The Provider shall not be liable for any damages, including indirect, incidental, special, punitive, or consequential damages, such as lost profits, loss of data, personal or non-monetary harm, or property damage, resulting from the use of the Services or reliance on any tool, functionality, information, or other content available in connection with the Services or on the Website. The Provider is not responsible for any third-party content, products, services, or applications that the Customer may use in connection with the Services. To the maximum extent permitted by applicable laws, the Provider 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. In the event that the Provider's liability is established in connection with the operation of the Website or provision of theServices by a court of justice or any other competent authority, this liability shall be limited to the amount equivalent to the fee paid by the Customer for the Services that caused the loss.

14.3

The Provider reserves the right to modify, change, replace, add, or remove any elements and functions of the Services at any time without any compensation.

14.4

The Provider shall not beheld responsible if it fails to deliver the purchased Services due to severe technical or operational issues that are beyond its control, or during a crisis or impending crisis, natural calamity, war, rebellion, pandemic, a threat to a large number of people, or other force majeure events. Additionally, if the Provider is unable to provide the Services due to any legal obligations or a directive from a public authority, it will not be held liable.

15. VIOLATIONOF THE GTC

IF THE CUSTOMER VIOLATES ANY OF THE GTC’s PROVISIONS IN A MANNER THAT MAY CAUSE ANY HARM TO THE PROVIDER,OR OTHERWISE BRING THE PROVIDER INTO DISREPUTE, THE PROVIDER MAY PREVENT THE CUSTOMER FROM ORDERING ANY OTHER SERVICES AND COMPLETELY OR PARTIALLY RESTRICT THE CUSTOMER’S ACCESS TO ALL OR PART OF THE SERVICES, INCLUDING ACCESS TO THE CLIENT PORTAL AND TRADING PLATFORM, REGARDLESS OF ADVANCE NOTICE AND WITHOUT ANY COMPENSATION.

16. COMMUNICATION

16.1

You acknowledge and agree that all communication from the Provider or its partners in connection with the provision of Services will take place through the ClientPortal or your e-mail address which you register with us, as applicable. Written electronic communication by e-mail or through the Client Portal is also considered to be written communication.

16.2

Our contact e-mail addressis support@hydrafunding.io and our contact address is1309 Coffeen Ave Ste 1200, Sheridan, WY 82801, USA.

17. RIGHT TO WITHDRAW FROM A CONTRACT

17.1

If you are a consumer, you have the right to withdraw from a contract without giving a reason within 14 days of its execution. PLEASE NOTE THAT IF YOU START PERFORMING DEMO TRADES BEFORE THE EXPIRY OF THE SPECIFIED TIME LIMIT, YOU LOSE YOUR RIGHT TO WITHDRAW FROM THE CONTRACT.

17.1.1

For the avoidance of doubt, throughout the fourteen (14) days immediately following the date of the Customer’s first subscription to the Services, the Customer may be entitled to cancellation with a fee refund, should the respective account remain inactive, or otherwise the Customer have effected no trade order placement, during the consecutive days counted from the subscription date until the date of the request for cancellation pursuant to clause 17.2 herein below.

17.2

To withdraw from the contract, you must send an email to support@hydrafunding.io within the specified time limit. If you do withdraw from the contract, we will refund you all fees we have received from you without undue delay, no later than 14 days after your withdrawal. The refund will be made in the same way you paid the fees.

17.3

The Provider is entitled to immediately withdraw from the contract in the case of any breach by the Customer in terms of clause15.

18. DEFECTIVE PERFORMANCES

18.1

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 Provider does not provide any guarantee for the quality of the services. You must notify us of the defect without undue delay by sending an email to support@hydrafunding.io 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 on a case-by-case basis.

18.2

We will 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 in terms of clause 20.

19. CHANGES TO THE GTC

19.1

The Provider reserves the right to amend, alter, vary or otherwise change the content of these GTC from time to time, therefore the content of new GTC will prevail. Nonetheless, the Provider will notify you upon such changes taking effect via Client Portal or via email. The HYDRA Evaluation and the subsequent HYDRAVerification are provided throughout the period of their duration pursuant to the version of the GTC which was valid and effective at the time at which the relevant HYDRA Evaluation was ordered.

20. COMPLAINTS

20.1

The Provider takes your complaints seriously and shall use its best endeavours to resolve your complaint as soon as possible.

20.2

If You have a complaint to make regarding our services, contact us via complaints@hydrafunding.com

20.3

We encourage You to establish contact as soon as circumstances for a complaint arise and in no case later than 6 months of the occurrence thereof. We will acknowledge any complaint made by You immediately, or in any event, within 24 hours thereof. Your complaint will be escalated to the appropriate personnel.If Your complaint remains unresolved after a period of 10 days, we shall:

· Write to You explaining the final decision;

· Clarify that this is the end of our internal complaints process;

· At your own discretion, guide you on how to make a complaint to Wyoming Consumer Protection and Antitrust Unit.

21. CHOICE OF LAW AND JURISDICTION

21.1

The GTC and all matters related thereto, whether contractual, statutory or otherwise, shall be governed by the laws of the State of Wyoming - USA. The Parties irrevocably agree that the courts of the State ofWyoming - USA shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the GTC or its subject matter or formation (including non-contractual disputes or claims).

21.2

The provisions of clause 21.1. do not deprive the consumers of the protection afforded to them by the mandatory laws in force on their jurisdiction.

22. FINAL PROVISIONS

22.1

The GTC constitutes the entire agreement between you and us and supersede all prior agreements relating to the subject matter of the GTC, whether verbal or written, with respect to the subject matter hereof.

22.2

Nothing in the GTC is intended to limit any legal claims set out elsewhere in these GTC or arising from the applicable law. If the Provider or any third party authorized thereto does not enforce the compliance with the GTC, or delays exercising its right sunder this GTC, this can in no way be construed as a waiver of any right or claim.

22.3

The acknowledge and agree that the Provider may assign any claim arising to the Provider from the GTC or any agreement to a third party without your consent. The Customer is not authorized to transfer or assign the Customer’s rights and obligations under the GTC or any agreements or parts thereof, or any receivables arising from them, in whole orin part, to any third party.

22.4

Should any part, term or provision of the GTC be declared invalid, void or unenforceable, all remaining parts terms and provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby.

22.5

The Customer warrants and represents to have carefully assessed and further accepted the possible risks arising from the terms and conditions set forth herein, prior to the acceptance of the GTC. 

10.3
10.3

Off-market prices and colluding to take advantage of opposite positions. Trades executed on prices that are demonstrably off-market prices shall be cancelled and any and all profits and losses generated by them annulled.

Off-market prices and colluding to take advantage of opposite positions. Trades executed on prices that are demonstrably off-market prices shall be cancelled and any and all profits and losses generated by them annulled.