Terms & Conditions

1. Introduction

PLEASE READ CAREFULLY

• By accessing the website e8funding.com (the “Website”) you confirm that you are a business user over the age of 18 years and permitted to use the Website, and you agree to be bound by all the following terms and conditions of use stated herein below.
• These Terms and Conditions together with the documents referred to in it (the “Terms”) govern your rights and obligations in connection with the use of services provided by E8 Funding LLC (the “Services”), offered mainly through our Website whether as a guest or a registered user. It should be noted that these Terms govern your access to the Website except where there are separate terms and conditions relevant to particular areas of the Website, which are indicated on the appropriate Website page.
• If you do not agree to abide by these Terms then you should not use the Webiste. By using our Website, confirm that you accept these Terms.
• For clarity, in these Terms, references to “we”, “us”, “our”, “E8 Funding”, “Provider” and “ourselves” are references to E8 Funding LLC a corporation doing business with the name and/or business name E8 Funding, formed in the state of Texas with offices at 4053 Lively Ln. Dallas, TX. 75220 and any of its affiliates or group of companies.
• Please note that use of our Website includes accessing, browsing, or registering to use our Website.
• We may from time to time modify these Terms and will post a copy of the amended Terms on the Website. You will be bound by such updated Terms from the time they are posted and/or uploaded on the Website. We would advise you to print a copy of these Terms for future reference as well as to periodically visit the Website and this web page to ensure that you are up to date with any changes that have been made.
• We grant to you a limited, non-exclusive, non-transferable license to access and use the Website in accordance with these Terms. Any use of the Websites not specifically permitted under these Terms is strictly prohibited.
• E8 Funding LLC offers a range of evaluation plans and programs designed to enable traders to assess and demonstrate their trading skills through simulated trading activities. These evaluations have predefined criteria and objectives that participants must meet in order to successfully complete them.

2. Definitions, Expressions, and Abbreviations used
   • For the purposes of the Terms, the following definitions shall have the following meanings:

“Simulated Account” means an account using real-time simulated Data and any accounts relating to education courses and evaluations provided by E8 including those described in the website, terms and contracts. Trades in a simulated account are not made in live markets and do not incur actual profits or losses.

“E8X Dashboard” means the user interface located on the Website;

“Content” means the Website and all Services, including without any limitation the E8X Dashboard, 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;

“Customer” means the user of the Services (as set out in section 3 herein below).

“E8 Funding Trader Agreement” means an agreement executed between the Customer and a third party, the subject of which is the management and maintenance of the E8 funding Trader (as set out in section 3 herein below);

“Provider” means the provider of certain Services (as set out in section 1 herein above);

“Schedules” means Schedules 1 and 2, which are part of these Terms;

“Services” means the Provider’s services as set out in sections 1 herein above and include, inter alia, the E8 Funding 2-Phase Evaluation and/or E8 Funding Tournament Model(s) and/or ELEV8 tournament and/or Final Evaluation products; these products may differ in the scope of the Services provided (e.g., by analytical tools available to the Customer).

“Terms” means these General Terms and Conditions of E8 funding;

“Trading Platform” means an electronic interface provided by Metaquotes Metatrader 4, a third party software in which the Customer performs the demo trading;

“Website” means the website www.e8funding.com.

• For the purposes of the Terms and their schedules, the following expressions and abbreviations shall have the following meanings:

“calendar day” means the period from midnight to midnight of the time currently valid in New York, New York, USA (Eastern Standard Time – EST);

“initial capital” means a virtual amount that the Customer has chosen when selecting the option of the E8 Funding 2-Phase Evaluation and/or one of our E8 funding Elev8 models or E8 Tournament and which the Customer will use to perform demo trading;

“EUR” means the euro;

“USD” means the United States dollar;

“GBP” means the British pound;

3. Scope
   • These Terms govern your (“you”, “your”, or the “Customer”) rights and obligations in connection with the use of the Services provided by us.
   • Immediately upon you first use of the Services – either upon registering on the Website and where registration is not required, not later than by your first use of the Services – you agree to enter into and you are entering into a contract with the Provider. It is also agreed by you that the subject matter of the said contract is the provision of the Services of your choice. You hereby agree and accept that these Terms constitute integral part of the said contract and, by executing the contract with the Provider, you express your agreement to these Terms.
   • These Terms set out the basis on which we agree to provide the Services.
   • These Terms (and any amendments to these Terms) supersedes any previous agreement between us and you on the same subject matter and takes effect between us and you.
   • Notwithstanding the provisions stated in the Introduction herein above, it is hereby agreed that the Services are only intended for persons over the age of 18 residing in the country and in the event you are under 18 years of age, you may not use the Services.
   • You agree, confirm and undertake to access the Services solely from one of the countries for which the Services are available and you undertake to only access and use the Services in accordance with all applicable laws and regulations. For clarity, you acknowledge that your access to and use of the Services may be restricted or prohibited by law in some countries. We reserve the right to restrict certain areas of the Website to you and you agree to notify us immediately of any unauthorized use of your member name, password or account. We will not be responsible for any losses arising out of the unauthorized use by you and/or your account and you agree to indemnify us for any improper unauthorized or illegal uses of your account.
   • The Services consist of the provision of tools for simulated foreign exchange trading on the FOREX market or trading with other instruments on other financial markets, provision of analytical tools, training and educational materials, and other ancillary services, in particular through the E8X Dashboard or by the provision of access to applications provided by the Provider 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 fictitious and that you have no right to possess those fictitious 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.
   • For clarity we note:
     • Firstly, none of the Services can or may be considered by you as investment services as defined and/or described by the applicable laws.
     • Secondly, it clear and agreed between us as the provided and you as the customer that we do not give nor provide you with 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 trading instruments traded, nor does the provider accept any such guidance, instructions, or information from you.
     • Thirdly, it is clear and agreed that none of the Services constitute investment advice or recommendations.
     • We confirm that none of our employees, staff, or representatives are authorized to provide you with any investment advice or recommendations. For the avoidance of any doubt, we should note that in the event any information or statement of any employee, staff, or representatives of the Provider may be interpreted by you as investment advice or recommendations, the Provider explicitly disclaims that the same is investment advice or recommendations and shall not be responsible for them.

4. Personal Data
   • Your personal data is processed in accordance with the Privacy Policy which may be amended from time to time.

5. Services
   • The Services will be provided once the Customer places an order to us.
   • For the purposes of the required order stated herein above, the Customer shall complete an appropriate registration or order form and submit it to us via our Website. It is agreed that all data that will be provided to us by the Customer in accordance with the registration or order form, the E8X Dashboard, or otherwise must be fully completed, true, accurate and up-to-date. In the event of any change and/or amendment thereof, the Customer shall immediately and without undue delay notify us or update the said data in your E8X Dashboard. For clarity, we note that we are not obligated to verify the data.
   • Once Customer’s registration or order form is validly submitted and approved by us, we will provide the Customer within reasonable time via e-mail all required details in order to enable the Customer to login to the E8X Dashboard and/or Trading Platform and allow the Customer to access them.
   • The Customer hereby agrees and acknowledge that if the Customer provides an identification number, tax registration number or other similar information in the registration or order form or in the E8X Dashboard, or if the Customer states that it is a legal entity, the Customer will be considered as an independent contractor 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 the Customer.
   • The fee for the E8 Funding 2-Phase Evaluation and/or ELEV8 and/or Tournament Model(s) varies according to the option selected and depends on the amount of the initial practice capital, the degree of the acceptable risk, the parameters that must be fulfilled so that the conditions of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) and the subsequent Final Evaluation are met, and possibly other configurations. More detailed information on individual options and fees for those options are provided in the website. The fee will be determined based on the option the Customer may select when completing the form for ordering the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s). The Provider reserves the right to also provide the Services under individually agreed conditions. All individually agreed conditions shall be determined by the Provider at its own discretion. Individual discounts and other benefits may not be combined, unless expressly stipulated otherwise by the Provider.
   • The Customer agrees to pay the fee in order to have access to the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s), or the Services provided under the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s). The fee is not refundable to the Customer, including and not limited to the following circumstances: if the Customer cancels the E8X Dashboard or requests the cancellation by e-mail; if the Customer terminates the use of the Services prematurely (for example, fails to complete the E8 Funding 2-Phase Evaluation and/or E8 funding E8 Tournament and/or ELEV8 account Model(s) or the Final Evaluation), fails to meet the conditions of the E8 Funding 2-Phase Evaluation and/or E8 funding E8 Tournament and/or ELEV8 account Model(s) or the Final Evaluation, or violates these Terms.
   • If the Customer lodges an unjustifiable complaint regarding the paid fee or disputes the paid fee with the Customer’s bank or payment service provider (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 Provider is entitled, at its own discretion, to stop providing to the Customer any services and refuse any future provision of any services and pursue the client for losses or damages incurred.
   • The Customer’s choice of the option of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) that the Customer may select when making an order shall also apply to the subsequent Final Evaluation. The Customer agrees to start the subsequent Final Evaluation and, possibly, other products related thereto, with the parameters and the same currency that correspond to the option of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s)  selected by the Customer. Once a selection is made by the Customer then the latter cannot change it.
   • The Provider reserves the right to unilaterally change in his sole and absolute discretion the fees and parameters of the Services at any time, including the parameters for their successful completion. The change does not affect the Services purchased before the change is notified.
   • It is hereby agreed and acknowledged by the Customer that any data entered in the order form can be checked, corrected, and amended until the binding order of the Services. The order of the Services of your choice is made by submitting the order form. Once the submission is made then the Provider will immediately confirm the receipt of your order to your e-mail address. The order is completed upon the delivery of the confirmation to your e-mail address, whereby the contract is executed. In the case of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s), the order is completed upon the payment of the fee for the selected option, whereby the contract between you and the Provider is executed, the subject of which is the provision of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account models, if the conditions of the E8 Funding 2-Phase Evaluation are met and/or E8 Tournament and/or ELEV8 account Model(s), the Final Evaluation. The contract is concluded in English. We hereby confirm that we will archive the contract in electronic form and do not allow access to it.
   • The Customer hereby agrees and acknowledge that in order to use our Services, the Customer shall obtain all appropriate technical equipment and software, including and not limited to the third-party software (e.g. software for the use of the Trading Platform), at its own risk and expense. We confirm that our Website is accessible from 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 Provider does not warrant or guarantee that the Services will be compatible with any specific equipment or software. The Provider does not charge any additional fees for the internet connection.
   • The Customer acknowledges that E8 Funding LLC is not a broker and does not accept deposits. The offered technical solution for the E8 Funding platforms and data feed is powered by the institutional liquidity providers and is subject to change at any time at the Providers discretion without any notice to the client.
6. Payment Terms
   • The amounts of fees for the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) options are in United States Dollars. The fee can also be paid in other currencies that are listed on the Website. In the event of payment of the fee in any other currency than United States Dollars, the amount of the fee for the selected option of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) shall be converted using the exchange rate listed on https://exchangeratesapi.io/. 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 valid at the time of payment.
   • Service charges are inclusive of all taxes. It is hereby agreed that in the event the Customer is a member then the Customer is obliged to fulfill all his tax obligations in connection with the use of our Services in accordance with applicable law, and in the event of an obligation, the Customer is obliged to pay tax or other fees properly.
   • The Customer can pay the fee for the selected option of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) by a payment card, Cryptocurrency via Coinbase, or using other means of payment that the Provider currently offers on the Website.
   • In the event of payment by a payment card or via any other express payment method, the payment shall be made by the Customer immediately and without any undue delay. The Customer agrees and undertakes to pay the amount within the period specified in the Pro-forma invoice. The fee will be only considered paid when its full amount is credited to the Provider’s account. For clarity it is noted that in the event the Customer does not pay the amount as stated herein, the Provider is entitled to cancel the order immediately. It is also agreed that the Customer shall bear all and any fees charged to Customer by the selected payment service provider (according to the valid pricelist of the payment services provider) in connection with the transaction and the Customer is obliged to ensure that the respective fee for the selected E8 Funding 2-Phase Evaluation and/or E8 funding E8 Tournament and/or ELEV8 account Model(s)  is paid in full in accordance with these Terms.

7. E8X Dashboard
   • The Customer agrees that only one E8X Dashboard is permitted to him and all of the Customer’s Services must be maintained in the E8X Dashboard.
   • The total number of E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) and Final Evaluations per one E8X Dashboard 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 which may agreed by the Provider. 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 have the right not to transfer or combine his performance, Service parameters, data or any other information between the products.
   • Under these Terms any access to the E8X Dashboard and Trading Platform is protected by login data, which the Customer shall not make available or share with any third party. In the event that the Customer is a legal entity, then the Customer has the right to allow the use of the Services through the E8X Dashboard to the Customer’s employees or other authorized employees and representatives. In such a case, the Customer will be responsible for all activities that are performed through the Customer’s E8X Dashboard or Trading Platform. For clarity, it is noted that the Provider shall bear no responsibility, and the Customer is not entitled to any compensation, for any misuse of the E8X Dashboard Trading Platform, or any part of the Services, nor is the Provider responsible for any negative consequences thereof for the Customer, if such misuse occurs for any reasons on the part of the Customer.
   • The Customer agrees and acknowledges that the Services may not be available around the clock, particularly with respect to maintenance, upgrades, or any other reasons. For clarity it is noted that the Provider shall bear no responsibility, and the Customercannot be entitled to any compensation, for the unavailability of the E8X Dashboard or Trading Platform and for damage or loss of any data or other content that you upload, transfer or save through the E8X Dashboard or Trading Platform.
   • The Customer may at any time request the cancellation of the E8X Dashboard. In order to do, the Customer shall send an e-mail to [email protected]. Should the Customer sent a request for the cancellation of the E8X Dashboard, then the said request shall be 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 E8X Dashboard and Trading Platform. It is agreed that once the request is sent, the Provider shall immediately confirm the receipt of the request to the Customer by e-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. Rules of Demo Trading
   • During the demo trading on the Trading Platform, you may perform any transactions, unless these constitute prohibited trading strategies or transactions as defined in these Terms. It is hereby agreed and acknowledged by the Customer that any restrictions may be imposed by the trading conditions of the Trading Platform that the Customer have selected for trading.
   • The Customer agrees and acknowledges that the Provider shall have access to information about the demo trades that the Customer performs on the Trading Platform and the Customer hereby consents that the Provider may share this information with persons/entities who are in a group with the Provider or who are otherwise affiliated with the Provider. The Customer grants the Provider and these persons/entities his consent and authorization to handle this information at their own will. The Customer hereby also agrees and acknowledge that these activities may be performed automatically without any further consent, consultation, or approval on Customer’s part is necessary and that the Customer cannot be entitled to any remuneration or revenue associated with the use of the data by the Provider. The Provider is aware that the Customer does not provide the Provider with any investment advice or recommendations through Customer’s demo trading. The Customer hereby agrees and acknowledge that he may suspend his demo trading on the Trading Platform at any time.
   • The Provider bears no responsibility for the information displayed on the Trading Platform, nor for any interruption of, or delay or inaccuracy in the market information displayed through your E8X Dashboard.
9. Restrictions and/or prohibition during the demo trading
   • During the demo trading it is prohibited to:
     • use business strategies that take advantage of errors in display of prices or delay in their update;
     • perform transactions using straddling (opening buy and sell pending orders at the same time before a economic news releases);
     • perform transactions using external data feed;
     • perform transactions or combinations of transactions whose purpose is tampering with trading;
     • perform,  alone  or  with any other third party, including  between  connected  accounts,  or  accounts  held with  different e8 accounts, trades or  combinations  of trades  the purpose of  which is to  manipulate trading,  including and not limited to simultaneously enter into opposite positions;
     • perform transactions in contradiction with these Terms and/or any other terms may be agreed with you and the Provider and the trading platform; or otherwise perform transactions in contradiction with how trading is actually performed on the forex market or on any other financial market, or in a way that establishes justified concerns that the provider might suffer financially or any other damage as a result of the customer’s activities.

• Use of expert advisors (EA) or trade copy service:
  • The Customer has the right to use EAs as long as they are not used in the following ways: copy trading of other persons signals – tick scalping – latency arbitrage trading – reverse arbitrage trading – hedge arbitrage trading – or any use of emulators. For clarity we note that a breach of this section constitutes a violation and any accounts using these types of EAs will be immediately and without any further notice canceled, banned and not refunded. It is agreed that the Customer shall send his EA to [email protected] in order to be approved and so we have on record that you are permitted to use your EA on your account.
  • E8 Funding reserves the right to substantially de-risk your trading strategy, which may include lowering your leverage or profit split. We will only do this if our team of risk managers deems your style to fall into one of the categories. Below is a list of restricted practices.
    • Over Leveraging
    • Over Exposure
    • Account Rolling
    • Gambling
    • One Sided Bets
    • Account management by 3rd parties
    • Copy trading from signal providers or 3rd parties

A detailed explanation of the prohibited trading practices can be found help.e8funding.com

• In the event that the Customer wishes to engage in any of the practices described hereinabove, (i) the Provider may consider it as a failure to meet the conditions of the particular E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s)  or Final Evaluation, or (ii) the Provider 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.
• In the event the Customer wishes to engage in any of the practices described in hereinabove repeatedly, and the Provider has previously notified the Customer thereof, the Provider may prevent the Customer from accessing all Services or their parts, including access to the E8X Dashboard and Trading Platform, without any compensation. In such a case, the Customer is not entitled to a refund of any of the fees paid.
• It is agreed that the Provider shall not bear any responsibility for trading or other investment activities performed by the Customer outside the relationship with the Provider, including and not limited to cases such as by using data or other information from the E8X Dashboard, Trading Platform, or otherwise related to the Services in real trading on financial markets, not even if the Customer uses for such trading the same Trading Platform that the Customer uses for demo trading.
• It is agreed that the developments in financial markets are subject to frequent and abrupt changes. trading on financial markets may not be profitable and can lead to significant financial losses. For clarity it is noted agreed and acknowledged that any previous performances and profits of the Customer’s demo trading are not a guarantee or indication of any further performance.

10. E8 Funding 2-Phase Evaluation, E8 Tournament and/or ELEV8 account Model(s) AND Final Evaluation
    • Once payment is made of the fee for the selected option of the E8 Funding 2-Phase Evaluation, and/orE8 Tournament and/or ELEV8 account Model(s) the Customer will receive the relevant login data for the Trading Platform at the e-mail address provided by the Customer or in the E8X Dashboard.
    • The Customer activates the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) by making their purchase and receiving account details. The date of which in the Trading Platform.
    • It is clearly stated that in the event that you are a consumer, you agree that, by opening the first demo trade, you expressly demand the provider to complete the 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 herein below. If you do not activate the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) within 30 calendar days of the date on which it was made available to you, your access to it will be suspended.
    • It is agreed that the Customer has the right to request the renewal of access via the E8X Dashboard or by sending an e-mail to [email protected] within 6 months of the suspension. In the event that the Customer did not proceed with the renewal as stated herein, we have the right to terminate the provision of the Services without any right to a refund of the fee. The E8 Funding 2-Phase Evaluation lasts for 30 calendar days from the date of its activation.
    • The Customer shall only meet the conditions of the E8 Funding 2-Phase Evaluation, and/or E8 Tournament and/or ELEV8 account Model(s) if the Customerfulfill all of the following requirements at the same time by the end of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s):
      • during the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s), the Customer has opened at least one demo trade on at least ten-twelve different calendar days;
      • in the course of none of the calendar days during the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) did the Customer report a loss on any demo trades opened and closed on that day, which would exceed in total 5%-8% daily of the initial demo capital, or 8% overall.

• The above requirements are explained in more detail here e8funding.com on the Website.
• If the Customer has met the conditions of the E8 Funding 2-Phase Evaluation specified and/or E8 funding E8 Tournament and/or ELEV8 account Model(s) in Section 7.2, and at the same time has not violated these Terms, in particular the rules of demo trading under Section 6.4, the Provider will evaluate the E8 Funding 2-Phase Evaluation and/or E8 funding E8 Tournament and/or ELEV8 account Model(s) as successful and will make the Final Evaluation available to the Customer free of charge by sending login details to the Customer’s e-mail address or E8X Dashboard. The Customer may request the evaluation of the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s)  at any time by sending a request to [email protected] or via the E8X Dashboard. The Provider does not have to evaluate the E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s) if the Customer has not closed all trades.
• The Customer activates the Final Evaluation and/or the simulated account when they receive the login details for the Trading Platform. If the Customer does not activate the Final Evaluation within 30 calendar days from the day on which the Customer received the new login data, the Customer’s access to the Final Evaluation will be suspended. The Customer may request the renewal of access via the E8X Dashboard or by sending an e-mail to [email protected] within 6 months of the suspension, otherwise we will terminate the provision of the Services without any right to a refund.
• In order for the Customer to meet the conditions of the Final Evaluation, the Customer must fulfill all of the following parameters at the same time by the end of the Final Evaluation:
  • during the Final Evaluation, the Customer has opened at least one demo trade on at least eight different calendar days;
  • in the course of none of the calendar days during the Final Evaluation did the Customer report a loss on any demo trades opened and closed on that day, which would exceed in total 5% of the initial capital daily or in one calendar day at no time during the Final Evaluation did the Customer report a loss on the sum of the opened and closed demo trades, which would exceed in total 8% of the initial capital;
  • At the end of the Final Evaluation, the Customer reported a closed profit from all performed demo trades amounting to at least 8% of the initial capital, or 8% of the simulated capital.
• The above parameters are explained in more detail here E8funding.com and e8funding.com on the Website.
• If the Customer has met the conditions of the Final Evaluation specified in Section 6 and at the same time has not violated these Terms, in particular the rules of demo trading under section 8 herein above, the Provider will evaluate the Final Evaluation as successful and will recommend the Customer as a candidate for E8 funding program. The Customer may request the evaluation of the Final Evaluation at any time by sending a request to [email protected] or via the E8X Dashboard. The Provider does not have to evaluate the Final Evaluation if the Customer has not closed all transactions.
• If during the E8 Funding 2-Phase Evaluation and/or the E8 Tournament and/or ELEV8 account Model(s) the Customer does not comply with some of the conditions specified herein above, the E8 Funding 2-Phase Evaluation will be evaluated as unsuccessful and the Customer will not be allowed access to the subsequent Final Evaluation. If during the Final Evaluation the Customer does not comply with any of the conditions specified herein above, the Final Evaluation will be evaluated as unsuccessful and the Customer will not be recommended as a candidate for the E8 funding program.

11. E8 Funding Trader
    • The Services of the E8 Funding Trader are provided to the Customer on the basis of an individual agreement executed between the Customer and a third party (“E8 Funding Trader Agreement”).
    • Provider recommending Customer as a candidate for the E8 funding Trader Program in no way guarantees Customer’s acceptance into the E8 funding Trader Program, i.e. that the third party would enter into the E8 funding Trader Agreement with the Customer. The provider is not responsible for the Customer being rejected by the E8 funding Trader Program for any or no reason.
    • The Customer acknowledges that the third party with whom the customer executes the E8 funding Trader Agreement may require that the Customer meets any additional conditions that may be justifiably required from the Customer in connection with the execution of the E8 Funding Trader A
    • The Customer further acknowledges that the person/entity with whom the Customer is to execute the E8 Funding Trader Agreement may refuse to execute the agreement if the Customer does not meet the conditions under Section 7, or if it turns out that the Customer has violated the provisions of these Terms in a manner specified in Section 11.1. In such a case, the Customer is not entitled to a refund of the fees for the relevant E8 Funding 2-Phase Evaluation and/or E8 Tournament and/or ELEV8 account Model(s).

12. Use of the website, services and other content
    • Both the Customer and the Provider 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 Provider will resolve any possible disagreements or disputes between them in accordance with these Terms and the applicable law.
    • Except for the rights expressly set out in these Terms, the Provider 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.
    • When accessing the Services and other Content, the following is prohibited:
      • 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;
      • to circumvent geographical restrictions of availability or any other technical restrictions;
      • to make copies or back-ups of the Website and other Content;
      • to reverse-engineer, decompile, disassemble or otherwise modify the Website and other Content;
      • to sell, rent, lend, license, distribute, reproduce, spread, stream, broadcast or use the Services or other Content otherwise than as permitted;
      • to use automated means to view, display or collect information available through the Website or Services; and
      • to use any other tools or means the use of which could cause any damage to the Provider.

13. Disclaimer

• Except as provided in these Terms and to the extent permitted by the mandatory provisions of the applicable laws, we have not, and shall not be deemed to have made, and hereby expressly disclaims, without any limitation, any representations and/or warranties whatsoever, express or implied, statutory or otherwise, to you in respect of all and any legal rights and obligations in connection with and/or related to, directly or indirectly, with the Terms and/or Services.
• Without limiting the foregoing:
  • you assume and/or 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;
  • 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;
  • the Provider 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 Provider is not responsible for any products, services, applications or other third-party content that the customer uses in connection with the Services.
• In the event that the our 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.
• For clarity, it should be noted that the provision of this disclaimers are not intended to deprive the Customer of the Customer’s consumer or other rights that cannot be excluded by law.

14. Event of default

• Each of the events or circumstance set our in this clause is event of default:
  • if the customer violates any provision of these terms in a manner that may cause any harm to the Provider if the customer accesses the services in conflict with these Terms,
  • if the customer provides incomplete, untrue or non-updated information in conflict with these Terms,
  • if the customer acts in a manner that may damage the provider’s good reputation,
  • if the customer violates the demo trading rules stipulated in these Terms,
  • if the customer acts in conflict with the provisions under section “Use of the website, Services and other content” of these Terms.

• If an event of default occurs the Provider 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 e8x dashboard and trading platform, without any prior notice and without any compensation.

15. Notices
    • Any notice or other communication given to a party under or in connection with these Terms shall be in writing and shall be through the E8X Dashboard or your e-mail address, which you register with us. Written electronic communication by e-mail or through the E8X Dashboard is also considered to be written communication.
    • Any notice or communication shall be deemed to have been received:
      • if sent to our e-mail address is [email protected] on the next business day; and
      • if sent to our contact address 4053 Lively Ln. Dallas, TX 75220, on signature of a delivery receipt or at the time the notice is left at the proper address.
    • This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
    • All notices/information provided by us or received from you should be in the English language.

16. Termination and withdrawal
    • Without affecting any other right or remedy available to us, we may terminate the contract from providing our Services to you with immediate effect by giving notice to you.
    • You acting as a consumer have the right to withdraw from a contract without giving a reason within 48 hours of its execution as defined in these Terms herein above. Notwithstanding to the generality of this clause regarding withdrawal, it is agreed that you have no right of withdrawal once you start performing fictitious trades.
    • Provided this clause applies and you wish to withdraw from the contract as per the said subclause of these Terms, then you shall sent your withdrawal notice in writing to our email address [email protected].
    • For clarity we note that, once you withdrawal notice is sent, we will confirm the receipt of the form to you in text form within reasonable time. Provided that your withdrawal is valid and in full compliance of these Terms, we will refund you without undue delay (no later than 14 days after your withdrawal from the contract) all fees we have received from you, in the same way in which you paid them.
    • The Provider is entitled to immediately withdraw from the Contract in the case of any breach by the Customer as described in these Terms herein below.

17. Limit of liability
    • In proceedings for breach of these Terms we may rely on any limit of liability stated in this clause or other term of these Terms.
    • We shall not be liable for any loss, liability or cost suffered or incurred by you as a result of providing the Services, unless it is agreed otherwise between you and us or stated otherwise in these Terms.
    • The Provider does not provide any guarantee for the quality of the SIn the event that the Services do not correspond to what was agreed or have not been provided to you, you can exercise your rights from defective performance.
    • In the event that this clause applies, you must notify us of the defect without undue delay at our e-mail address or at our address listed in these Terms. When exercising the rights from a 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.
    • 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 by sending an e-mail to our e-mail address [email protected].
    • You acknowledge and confirm that, while we may send trade-related courtesy notifications via email or other means, if we fail to do so, we will not be held liable for any losses/damages suffered as a result of such failure.

18. Updates and/or Amendments
    • We may update and/or revise and/or amend our Website (including and not limited to these Terms) from time to time, and may change the content at any time with immediate effect for new customers and new orders of the Services placed by existing Customers.
    • We should note that for the purposes of this clause, we agree to notify existing customers of the change to the Terms via the E8X Dashboard or by e-mail.
    • For clarity it is noted that the E8 Funding 2-Phase Evaluation and/or the E8 Tournament and/or ELEV8 account Model(s) and the subsequent Final Evaluation are provided throughout the period of their duration pursuant to the version of the Terms which was valid and effective at the time at which the relevant E8 Funding 2-Phase Evaluation and/or the E8 Tournament and/or ELEV8 account Model(s) was ordered.
    • 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.

19. Intellectual Property Rights
    • We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    • You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organization to content posted on our site.
    • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    • Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
    • You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
    • If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
    • The Website and all Services, including the E8X Dashboard, 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 Provider or the Provider’s licensors.
    • The Provider grants you a 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 Provider or the Provider’s licensors.
    • All trademarks, logos, trade names, and other designations are the property of the Provider or Provider’s licensors and the Provider does not grant you any authorization to use them.

20. Waiver and non-assignability
    • No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
    • These Terms are personal to the parties and neither party shall assign, transfer or deal in any other manner with any of its rights and obligations under these Terms.

21. Force majeure
    • We shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for an unreasonable period of time, then you party may terminate this agreement by giving 15 day’s written notice to us.

22. Governing language
    • These Terms as well as any additional terms and/or agreements (both present or future) are made in English. Any other language translation is provided as a convenience only. In the case of any inconsistency or discrepancy between the original English texts and their translation (if any) into any other language, as the case may be, original versions in English shall prevail.

23. E-signing
    • We agree to sign the relevant contract by electronic signature (whatever form the electronic signature takes) and that this method of signature is as conclusive of our intention to be bound by these Terms and/or contract as if signed by yours and ours manuscript signature.
24. Class Action Waiver

    • Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and E8 Funding LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.