The Upside Funding | Terms & Conditions

Terms & Conditions

1. Introduction

1.1 Purpose of the Terms & Conditions

These Terms and Conditions (“T&C”) are a legally binding agreement between you (“the User”) and Upside Funding Limited (“Upside Funding,” “we,” “us,” or “our”). The T&C govern your access to and use of all services provided by Upside Funding, including but not limited to the Evaluation Program, mentorship services, and funded trading accounts.

By registering for an account, participating in the Evaluation Program, or utilizing any of our services, you expressly agree to be bound by these T&C in full. These T&C outline the rights and obligations of both parties and ensure transparency, compliance, and fair operation of our services.

1.2 Acceptance of the Terms

By accessing or using the services offered by Upside Funding, you acknowledge that you have read, understood, and agree to be legally bound by these T&C. If you do not accept these T&C or any future amendments, you are prohibited from using any services offered by Upside Funding.

Upside Funding reserves the right to amend or update these T&C at its sole discretion. Any changes will take effect from the date they are published. Continued use of the services after such changes constitutes your acceptance of the updated T&C.

1.3 Company Details

Upside Funding Limited is a proprietary trading company incorporated under the laws of Hong Kong and headquartered at Unit 2A, 17/F, Glenealy Tower, No. 1 Glenealy, Central, Hong Kong. Established in 2024, Upside Funding provides traders with access to simulated trading environments, statistical analysis of trading performance, and mentorship programs.

Upside Funding evaluates trading skills through a structured Evaluation Program. Successful participants may be provided with access to proprietary capital, subject to the terms outlined in this agreement, and are eligible to share in profits derived from live market trading.

For clarity, Upside Funding does not act as a broker, does not execute trades on behalf of clients, and does not hold client funds. Trading during the Evaluation Process is conducted exclusively within a simulated trading environment.

1.4 Eligibility Criteria

To participate in Upside Funding’s services, you must meet the following eligibility requirements:

Age: You must be at least 18 years of age at the time of registration.
Legal Jurisdiction: You may only use our services where such use is lawful in your country of residence. It is your sole responsibility to comply with all applicable local laws and regulations.
Restricted Jurisdictions: Residents of restricted regions, including but not limited to Iran, Syria, North Korea, Myanmar, and any other jurisdictions determined by Upside Funding, are strictly prohibited from accessing or using our services.
Personal Account Use: Each user is permitted to create and maintain only one account. Accounts are strictly personal and non-transferable. Sharing of accounts or allowing third-party access is prohibited.

Compliance with Applicable Laws: Users must comply with all applicable laws, regulations, and these T&C at all times while using Upside Funding’s services. Any breach of these requirements may result in immediate suspension or termination of your account and services.

2. Services Overview

2.1 Purpose of the Services

Upside Funding’s services are designed to evaluate and develop the trading skills of individuals through a structured Evaluation Process. This process aims to assess traders’ abilities, consistency, and discipline under simulated market conditions. Successful traders may be granted access to proprietary trading capital, mentorship, and the opportunity to scale their trading accounts.

2.2 Demo Trading During Evaluation

The Evaluation Process simulates real market trading using demo accounts. These accounts are designed to mirror live trading conditions without involving actual financial markets. It is important to understand the following:

Simulated Trading Only: All trades executed during the Evaluation Process, including both Evaluation and Verification phases, are simulated and do not involve real financial markets.
Fictitious Capital: The funds displayed in demo accounts are virtual and have no real monetary value. These funds cannot be withdrawn, transferred, or converted into real money.
Educational Purpose: The Evaluation Process is not intended for profit generation. It is strictly an educational tool to evaluate trading skills, risk management, and consistency.

2.3 Transition to Funded Accounts

Traders who successfully meet all objectives during the Evaluation Process will transition to trading with real proprietary capital through Upside Funding’s funded accounts. The distinction between phases is as follows:

Evaluation Phase: Simulated trading is conducted, and performance is reviewed to assess eligibility for funding.
Funded Phase: Traders gain access to real capital provided by Upside Funding, with profits and losses being actual. Profit-sharing terms apply to this phase as outlined in Section 7.

2.4 Disclaimer

Upside Funding provides services strictly for evaluation and educational purposes. Participation in the Evaluation Process or use of funded accounts should not be construed as financial, investment, legal, or tax advice.

Traders are solely responsible for their decisions and are encouraged to seek independent advice suited to their personal circumstances.
Upside Funding does not endorse or guarantee any specific trading strategy or outcome.

2.5 Scope of Services Offered

Upside Funding provides traders with the following resources to support their development and success:

Trading Platforms: Access to CTrader for trading during both the evaluation and funded phases.
Educational Content: Expert video tutorials and resources on trading strategies, risk management, and market psychology.
Mentorship: Funded traders are provided with personalized 1:1 mentorship from experienced professionals, including Upside Funding’s CEO.
Global Support: 24/7 support available to traders in over 190 countries.
Flexible Trading Rules: Traders are permitted to use various trading strategies, including holding positions over weekends, trading during news events, and utilizing EAs or bots, provided they comply with program-specific rules.

2.6 Accessing Services and Third-Party Software:

Upside Funding’s services rely on third-party software, including trading platforms, payment processors, and analytical tools. Traders acknowledge and agree to the following:

Third-Party Terms Apply: Third-party software providers operate independently, and their respective terms, conditions, and privacy policies govern their use.
No Liability for Third-Party Software: Upside Funding is not responsible for issues related to the functionality, compatibility, or performance of any third-party software used in conjunction with its services.
Technical Requirements: Traders are responsible for ensuring that their devices and software meet the technical specifications necessary to access Upside Funding’s platform and tools.

2.7 Rules of Demo Trading

Data Access and Usage:

By participating in the Evaluation Process, you acknowledge and consent to Upside Funding accessing and analyzing data related to your demo trades conducted on the trading platform.
Upside Funding and its affiliated entities may utilize this data for performance assessment, service improvement, or other internal purposes. These activities may be conducted automatically, and no further consent, remuneration, or royalties are required.

Third-Party Platform Disclaimer:

The trading platform, along with all data and information displayed on it, is provided by a third-party vendor. Upside Funding assumes no liability for the accuracy, completeness, or reliability of the data or any interruptions or delays in market information.
Traders acknowledge this disclaimer and agree to refer to Clause 11 (Disclaimers and Limitations of Liability) for further details.

3. Account Registration and Use

3.1 Registration Process

To access Upside Funding’s services, traders are required to complete the registration process by creating an account on the platform. The following terms apply:

Single Account Policy: Each trader is permitted to create and maintain only one account. Creating multiple accounts or using different identities or email addresses to bypass platform rules is strictly prohibited.
Accurate Personal Information: All registration information provided must be accurate, complete, and up to date. This includes but is not limited to name, email address, and any other details requested during the registration process.
Verification: Upside Funding reserves the right to request identity verification at any stage of the registration or service usage process to ensure compliance with its Terms & Conditions and maintain platform integrity.

Failure to comply with these requirements may result in account suspension or termination.

3.2 Use of Account

Accounts are intended solely for personal use. By registering for and using Upside Funding’s services, traders agree to the following conditions:

No Third-Party Access: Sharing account login credentials or granting third parties access to your account is strictly prohibited. All activities within the account must be performed by the registered account holder.
Account Responsibility: Traders are solely responsible for safeguarding their login credentials. Any activity conducted under the account, whether authorized or unauthorized, will be attributed to the account holder.
Prohibition of Unauthorized Activities: Traders must not use their accounts for any activities that violate these Terms & Conditions, including but not limited to trading on behalf of others or engaging in fraudulent practices.

3.3 Account Deactivation or Termination

Upside Funding reserves the right to deactivate or terminate accounts under the following conditions:

Inactivity: Accounts that remain inactive for 30 consecutive days may be deactivated. Once deactivated, accounts cannot be restored, and any associated profits, services, or data will be forfeited.
Rule Violations: Breaches of these Terms & Conditions, including but not limited to prohibited trading practices or misuse of the platform, will result in immediate account termination.
Misrepresentation: Providing false or misleading information during registration or service use, or using the platform in violation of local or international laws, will result in account closure.

Termination of an account for any of the above reasons will result in the forfeiture of access to all associated services, pending payouts, and profits.

3.4 System Requirements

Traders must ensure that their devices and systems meet the following technical requirements to access Upside Funding’s platform and services:

A reliable and stable internet connection.
A compatible device such as a PC, Mac, or smartphone, equipped with updated software.
An up-to-date web browser or access to trading platforms compatible with CTrader software.

Disclaimer: Upside Funding is not liable for any interruptions caused by technical issues on the trader’s end, including but not limited to device malfunctions, software incompatibilities, or poor internet connectivity.

3.5 Acceptance of Orders and Services

By completing the registration and payment process, traders agree to the following:

Acceptance of Terms: Traders affirm that they have read, understood, and agreed to these Terms & Conditions.
Service Confirmation: Upside Funding reserves the right to accept or decline any registration or order for services at its sole discretion. A confirmation of service acceptance will be provided via email upon successful payment and account verification.
Access to Terms: A copy of these Terms & Conditions will remain accessible within the trader’s Client Area for reference at any time.

3.6 Service Availability Disclaimer

Upside Funding’s services, including the Client Area and trading platforms, may not be continuously available. Traders acknowledge and agree to the following:

Service Interruptions: Services may be unavailable due to scheduled maintenance, upgrades, or unforeseen technical issues. Upside Funding makes no guarantees regarding the uninterrupted availability of its services.
No Liability for Downtime: Upside Funding is not liable for any damages, losses, or inconveniences caused by unavailability of the Client Area or trading platforms.
Data Responsibility: Traders are responsible for securely backing up any data uploaded, transferred, or saved through the Client Area or trading platforms. Upside Funding is not responsible for loss or damage of data.

4. Evaluation and Funding Rules

4.1 Evaluation and Verification Process

Participation in Upside Funding’s proprietary trading program requires successful completion of a two-step Evaluation Process designed to assess trading skills, consistency, and discipline.

Phase 1 – Evaluation
The Evaluation phase assesses your ability to meet specific profit targets and risk management objectives.

Traders are provided with simulated accounts replicating live market conditions.
You are required to meet the designated profit target while adhering to maximum drawdown limits to progress to the Verification phase.

Phase 2 – Verification
The Verification phase evaluates your consistency and adherence to trading rules.

This phase confirms that your trading style, discipline, and strategies are sustainable under real-market-like conditions.
Successfully completing this stage qualifies you for a funded account with Upside Funding.

Transition to Funded Accounts
Traders who successfully complete both the Evaluation and Verification phases will be eligible to apply for a funded account. Funded accounts operate with actual capital, and traders are compensated based on their performance according to the profit split structure detailed in Section 7.

4.2 Trading Objectives

During the Evaluation and Verification phases, traders must meet the following objectives to progress:

Profit Targets:
- Evaluation: Achieve a profit of 9% of the starting account balance within the trading period.
- Verification: Achieve a profit of 5% of the starting account balance within the trading period.
Maximum Daily Drawdown:
- Losses must not exceed 3% of the account balance on any single trading day.
Maximum Total Drawdown:
- Cumulative losses must not exceed 9% of the account balance at any time.
Minimum 3 Profitable Days:
- Traders must achieve a minimum profit of +0.5% of capital on at least three separate trading days during the Evaluation phase.
Trading Period:
- No specific time limit is imposed, allowing traders to progress at their own pace.
Consistency Rules:
- None. You are free to trade using your preferred style and approach, provided other objectives are met.
Trading Styles Allowed:
- Upside Funding supports a variety of trading strategies, including but not limited to news trading, weekend holding, and the use of EAs or bots. (Certain trading styles may require additional optional add-ons.)

Failure to Meet Objectives
If you fail to meet any of the above trading objectives, your Evaluation will be terminated. Traders may restart the process by paying the applicable evaluation fee.

4.3 Evaluation Fee and Refund Policy

Refund Eligibility:
- Traders who successfully complete both the Evaluation and Verification phases and are approved for a funded account will receive a 100% refund of the evaluation fee. Refunds are processed after the trader’s second profit split payout.
Refund Conditions:
- Refunds are applicable only to traders who meet all trading objectives and adhere to all program rules throughout the Evaluation Process.
- Refunds will not be provided for incomplete or failed evaluations.
Refund Processing:
- Refunds are automatically credited to eligible traders through their profit split payments. No additional action is required to initiate the refund process.

4.4 Scaling and Capital Allocation

Upside Funding offers a scaling program to reward consistent and profitable trading.

Eligibility for Scaling:
- Traders who achieve a 10% profit over three consecutive months on their funded account are eligible to apply for a 25% increase in their capital allocation.
- Adherence to all trading rules and objectives is required to qualify for scaling.
Scaling Details:
- Approved traders will receive a 25% increase in their existing capital allocation.
- The scaling program allows traders to grow their accounts up to a maximum capital allocation of $1.5 million.
Maximum Initial Seed Funding:
- Upon passing both the Evaluation and Verification phases, traders can receive up to $300,000 in initial funding.
- Subsequent increases in capital allocation are subject to the scaling program’s rules and Upside Funding’s discretion.

4.5 Transition to Funded Account

Successful completion of the Evaluation and Verification phases does not automatically guarantee approval for a funded account. The following conditions apply:

Eligibility:
- Traders must fulfill all trading objectives and adhere to all rules outlined in these Terms & Conditions.
- Applications for funded accounts are subject to review and approval by Upside Funding.
Approval Process:
- Upside Funding reserves the right to approve or reject applications for funded accounts at its sole discretion.
- Submission of an application does not constitute acceptance into the funded program.

5. Prohibited Trading Practices

At Upside Funding, maintaining a fair and professional trading environment is of paramount importance. To ensure transparency, integrity, and equal opportunities for all traders, the following trading practices are strictly prohibited. Violations will result in immediate action as outlined in Section 5.2.

5.1 Detailed List of Prohibited Practices

Exploiting System Errors

Traders must not exploit any errors, delays, or inaccuracies within the trading platform.
Examples of prohibited behavior include:
- Latency Arbitrage: Taking advantage of delayed price feeds to execute trades based on outdated prices.
- Price Display Errors: Exploiting discrepancies between displayed and actual market prices.
- System Glitches: Utilizing strategies specifically designed to exploit platform bugs, slow data feeds, or miscalculated spreads.
If trading behavior cannot be replicated under live market conditions, Upside Funding reserves the right to terminate the account.

News Gap Trading / Straddling

Opening new positions, including setting stop-loss (S/L) or stop-profit (S/P) orders, within 5 minutes before or after high-impact news events (“red-folder news”) is prohibited.
Prohibited strategies include:
- News Gap Trading: Setting up trades or limits in both directions to exploit price spikes or gaps caused by news events.
- Straddling: Placing orders around news release times to take advantage of irregular price movements.
These activities create unreplicable and unpredictable trading conditions that undermine the evaluation process.

High-Frequency Trading (HFT) / Exploitative Strategies

Upside Funding prohibits strategies designed to exploit system weaknesses or execute trades at unrealistic speeds, including:
- High-Frequency Trading (HFT): Using automated systems to execute a high volume of trades within milliseconds.
- Latency Arbitrage: Exploiting delays in market data feeds to gain an unfair advantage.
- Grid Trading: Stacking multiple orders at set intervals above or below market prices.
- Flash Orders: Manipulating spreads by flooding the system with multiple small orders.
These strategies distort fairness and cannot be executed under real-world market conditions.

Account Hedging and Risk Pooling

While hedging within a single account is permitted for risk management, the following activities are strictly prohibited:
- Cross-Account Hedging: Using multiple accounts to place opposing trades that offset risks artificially.
- Risk Pooling: Coordinating with other traders or accounts to bypass risk controls.
- Cross-Firm Hedging: Hedging trades between Upside Funding accounts and accounts at other firms.

No Passing Services

Traders must not use third-party services or individuals to pass evaluations or verification phases on their behalf.
- This includes hiring external parties to trade or execute strategies during the evaluation process.
Upside Funding’s program is designed to assess individual trading skills. Delegating this responsibility to others violates the integrity of the program.

No Copy Trading / Collaborative Trading

Copy trading, whether manual or automated, is strictly prohibited:
- Using APIs, bots, or other tools to replicate trades from another account.
- Manually duplicating trades across multiple accounts.
Collaborative trading—where multiple individuals coordinate identical strategies or trades—is also prohibited.
- If a pattern of suspiciously similar trades is detected across accounts, all associated accounts may be suspended or terminated.

Gambling and Toxic Risk Practices

Excessive risk-taking or gambling-like strategies are not permitted, including:
- Placing oversized trades in a single direction without proper analysis.
- Consistently relying on luck-based strategies rather than informed decision-making.
Traders must adhere to consistent trade sizing and responsible risk management practices.

Multiple Identities or Accounts

Each trader is allowed only one account. The following activities are prohibited:
- Creating multiple accounts using different identities, emails, or payment methods.
- Sharing accounts or using another individual’s account to bypass program rules.
Detection of multiple accounts will result in the suspension of all related accounts.

Inactivity Rule

Accounts that remain inactive for 30 consecutive days will be permanently deactivated.
- To avoid deactivation, traders must log in and maintain activity on the platform.
Once an account is deactivated, it cannot be restored, and any associated profits, evaluations, or services will be forfeited.

5.2 Consequences of Rule Violations

Engaging in any of the prohibited practices listed above will result in the following actions:

Immediate Termination:
- Your account will be permanently closed, and access to Upside Funding’s services, payouts, or profits will be revoked.
Evaluation Failure:
- Any rule violations during the Evaluation or Verification phases will result in automatic disqualification from the program.
Removal of Trades:
- Trades executed in violation of these rules may be removed from your account history, and their results will not count toward performance metrics.
Permanent Ban:
- Serious or repeated violations will result in a lifetime ban from Upside Funding’s programs.
Legal Action:
- In cases of deliberate fraud, system abuse, or other malicious activities, Upside Funding reserves the right to pursue legal action against the offending party.

6. Fees and Payments

All fees and payments made to Upside Funding are subject to the following terms:

6.1 Payment Methods and Currencies Accepted

Upside Funding accepts payments through the following secure methods:

Payment Methods:
- Credit/Debit Cards (Visa, MasterCard, etc.)
- Bank Transfers (where applicable)
- Online payment processors.
Currencies Accepted:
- All fees are charged in USD ($). If you choose to pay in another currency, conversion rates and any applicable fees will be determined by your payment provider.

6.2 Refund Policies and Conditions for Fee Reimbursement

Upside Funding offers refunds of evaluation fees under specific conditions as outlined below. These policies are designed to maintain fairness and transparency while protecting the integrity of our services.

Refund Eligibility
- The trader has successfully completed both the Evaluation and Verification phases.
- The trader has progressed to a funded account and received their second profit split payout.
Refund Conditions
- Refunds are only provided if all trading objectives are met, and the trader complies with all program rules during the evaluation process.

Refunds will not be issued for:

Incomplete or failed evaluations.
Accounts suspended or terminated due to rule violations.

Fees are non-transferable and may not be applied to a new evaluation or program.

Refund Process
- Refunds will be included as part of the profit split payment after eligibility has been confirmed.
- Traders are not required to submit additional refund requests, as the process is automatic once all conditions are met.
Chargebacks and Disputes
- Any attempt to initiate a chargeback or payment dispute with the payment provider is strictly prohibited.
- If a chargeback is filed, Upside Funding reserves the right to:
  - Permanently deny or revoke refunds.
  - Immediately suspend or terminate access to evaluation accounts, funded accounts, or payouts.
  - Permanently ban the trader from participating in any Upside Funding programs.
- Traders are required to resolve any concerns or disputes directly with Upside Funding’s support team through amicable discussions before resorting to external actions.
No Exceptions Policy
- Refunds will only be granted under the specific conditions outlined above.
- Refunds are not provided for evaluations that fail to meet the stated trading objectives, incomplete programs, or accounts suspended due to rule violations.

By participating in the Upside Funding evaluation program, traders agree to these refund policies and acknowledge the consequences of initiating chargebacks or disputes. These policies aim to protect the fairness and trust within Upside Funding’s platform.

6.3 Tax Obligations

All fees paid to Upside Funding, including evaluation fees, are inclusive of applicable taxes, such as Goods and Services Tax (GST).
Traders are solely responsible for complying with all tax obligations arising from the use of Upside Funding’s services. This includes any personal or business tax liabilities related to earnings, fees, or other financial activities.
Upside Funding assumes no responsibility for the calculation, reporting, or payment of taxes on behalf of traders. Traders are encouraged to seek independent tax advice if necessary to ensure compliance with local regulations.

6.4 Payment Responsibility

Traders may use any payment method available on Upside Funding’s website at the time of registration.
Accepted payment methods include credit cards, bank transfers, and online payment processors, where applicable.
All fees associated with the selected payment provider, such as transaction fees, foreign exchange charges, or processing fees, are the responsibility of the trader.
Upside Funding is not liable for any additional fees charged by payment service providers.
Traders must ensure that their chosen payment method is valid and capable of covering the full amount due, including any additional charges incurred by the payment provider.
Payment failures resulting from insufficient funds, expired payment methods, or incorrect details may delay access to Upside Funding’s services.

7. Payouts and Profit Splits

7.1 Profit Split Structure

Upside Funding offers a structured profit-sharing model that allows traders to retain a significant portion of their earnings from funded accounts.

Profit Split:
- The standard profit split begins at 70% of net profits earned.
- Traders may elect to upgrade their profit split to 90% by selecting applicable add-ons at the time of registration.
- Profit splits are calculated based on realized profits generated from a funded account.

7.2 Payment Processing Time

Payout requests are typically processed within 24 hours after meeting all withdrawal conditions, provided there are no outstanding compliance reviews or verification requirements.
Upside Funding is not responsible for any delays caused by external factors such as bank processing times or third-party payment service providers.
Traders may only request payouts after meeting the required performance metrics as outlined in Section 7.3.
Any scheduled or recurring payout structures will be communicated within the trader’s Client Area.

7.3 Conditions for Payouts

To maintain transparency and ensure all withdrawals are based on legitimate trading performance, the following conditions must be met before payout requests can be processed:

Profit Target Achievement:
- To qualify for an initial payout, traders must achieve a minimum of 4% profit over a rolling 14-calendar-day period within their funded account.
Winning Days Requirement:
- Traders must complete a minimum of five (5) winning trading days within the payout period.
- A winning day is defined as a trading day where the net profit is greater than zero.
Profit Lock Threshold:
- A profit lock threshold of $5,000 per trading day is implemented to ensure stability and consistency in withdrawals.
- Any profits exceeding this threshold will be available for withdrawal in subsequent payout periods.
Verification Compliance:
- All trading activities must be conducted in strict compliance with the rules established during the evaluation and verification phases.
- Traders who breach prohibited trading practices (as outlined in Section 5) or attempt to manipulate trading results will be disqualified from receiving payouts and may face account termination.

7.4 Payment Methods and Fees

Payouts will be processed using the payment method selected by the trader within their Client Area, subject to availability.
Any transaction fees or conversion charges applied by third-party payment providers will be the responsibility of the trader.
Upside Funding reserves the right to modify payout methods at its discretion to ensure efficiency and security in payment processing.

7.5 Dispute Resolution for Payouts

If a trader disputes a payout amount, they must submit a written request to Upside Funding’s support team within five (5) business days of receiving the payout.
Upside Funding will conduct a review of trading activity and performance metrics before making a final determination on disputed amounts.
Any fraudulent claims, falsification of records, or violations of payout conditions will result in immediate forfeiture of all profits and possible account suspension.

8. Risk Disclosure

8.1 Statement on Trading Risks

Participation in financial markets through Upside Funding’s Evaluation Process and funded accounts involves substantial risk. By engaging in these activities, you acknowledge and accept the following risks:

Potential for Financial Loss:
- While Upside Funding assumes the direct risks associated with trading capital in funded accounts, traders may lose the initial evaluation fee if trading objectives are not achieved.
- The use of leverage amplifies both potential profits and potential losses, increasing the overall risk of trading activities.
Market Volatility:
- Financial markets are subject to rapid and unpredictable price movements driven by economic, political, and global events, potentially resulting in significant gains or losses.
Emotional Impact:
- Trading can be stressful and may impact decision-making, leading to errors or performance issues.
- Traders should only participate if they can afford to lose the fees and any capital they choose to invest in additional trading activities.

Upside Funding does not provide financial, investment, legal, or tax advice. Traders are encouraged to seek professional guidance before participating in trading activities.

8.2 Limitation of Liability and Disclaimer

While Upside Funding endeavors to provide a fair and stable trading environment, the following limitations apply:

No Guarantee of Profits:

- Upside Funding does not guarantee profits or successful outcomes from any trading activities, evaluation programs, or mentorship services provided.

Service Availability:

- Upside Funding makes no express or implied warranties regarding the uninterrupted or error-free availability of its Services, including the website and trading platform.
- Traders acknowledge that the platform and associated services may be unavailable at times due to maintenance, upgrades, or unforeseen operational issues.

System Failures and Third-Party Content:

- Upside Funding is not liable for losses caused by interruptions, delays, or malfunctions of the trading platform, internet connectivity issues, or third-party service failures.
- The Services may involve third-party platforms or applications, and Upside Funding assumes no responsibility for their accuracy, functionality, or compatibility.

Force Majeure Events:

- Upside Funding is not responsible for losses resulting from circumstances beyond its reasonable control, including but not limited to:
  - Natural disasters, wars, political unrest, pandemics, or similar crises.
  - Legal or regulatory compliance requirements or actions by public authorities.

Liability Limitation:

- If liability is established by a competent authority, Upside Funding’s financial responsibility shall be limited to the total fees paid by the trader for the specific service associated with the loss.

Personal Responsibility for Decisions:

- Traders bear sole responsibility for their trading decisions and strategies. Upside Funding does not offer advice or guidance on specific trades.

Consumer Protections:

- Nothing in these Terms & Conditions is intended to exclude or limit statutory consumer rights or other protections under applicable law that cannot be legally waived.

9. Intellectual Property and Platform Use

9.1 Ownership of Tools, Materials, and Platform

All intellectual property, including but not limited to software, trading platforms, website content, educational materials, proprietary technology, and branding, provided by Upside Funding, is the exclusive property of Upside Funding Limited and is protected under applicable copyright, trademark, and intellectual property laws.

Ownership:
- Upside Funding retains full ownership of all intellectual property associated with its services, platforms, and materials.
- Traders are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the platform and provided materials solely for their personal participation in Upside Funding’s evaluation and funded programs.
Restrictions on Access and Use:
- Access to the trading platform, client area, and associated tools is granted only for the duration of the Evaluation Process or while managing a funded account.
- Traders shall not attempt to access or use Upside Funding’s intellectual property outside the permitted scope, including modification, duplication, or unauthorized distribution.
- Any unauthorized or improper use of Upside Funding’s intellectual property will result in immediate termination of services and may lead to legal action.

9.2 Prohibited Use of Upside Funding’s Intellectual Property

Traders are strictly prohibited from engaging in any of the following activities in connection with Upside Funding’s intellectual property or platform:

Copying or Redistributing:
- Copying, reproducing, distributing, or reselling any materials, documents, educational content, platform features, or proprietary technology without explicit written permission from Upside Funding is strictly prohibited.
Reverse Engineering:
- Traders must not attempt to reverse engineer, disassemble, decompile, or modify any software, algorithms, trading platforms, or proprietary tools provided by Upside Funding.
Unauthorized Sharing:
- Sharing login credentials, proprietary content, or any platform resources with third parties is strictly prohibited.
- Any detected unauthorized access or sharing will result in account suspension and potential legal consequences.
Use for Unauthorized Purposes:
- Upside Funding’s tools, platform, and resources must only be used for participation in the Evaluation Process or funded trading activities.
- Any use outside of these authorized purposes—including personal or commercial gain outside of Upside Funding’s services—is expressly prohibited.
Violation of Laws or Regulations:
- Traders shall not use Upside Funding’s platform or intellectual property in a manner that violates local, national, or international laws.
- Any such violations may result in immediate account termination and legal action.
Misrepresentation of Affiliation:
- Traders must not falsely represent themselves as employees, partners, affiliates, or official representatives of Upside Funding.
- Any unauthorized claims of association or misleading statements regarding affiliation with Upside Funding may lead to legal consequences.

10. Data Protection and Privacy

10.1 Handling of Personal Data

Upside Funding Limited (“Upside Funding,” “we,” “our,” or “us”) is committed to protecting the personal data of all users and ensuring compliance with applicable global privacy laws, including but not limited to the General Data Protection Regulation (GDPR) and other relevant data protection laws.

Collection of Personal Data:

By registering for and using Upside Funding’s services, you acknowledge and agree that we may collect, store, and process the following personal data:

Identity and Contact Data: Name, email address, date of birth, and other details required for account verification.
Financial and Payment Information: Payment details, billing addresses, and transaction history required for processing payments.
Trading Performance Data: Trading activity, profit/loss records, account usage history, and behavioral data related to trading patterns.
Technical and Usage Data: IP address, device type, browser version, operating system, and login details for security and optimization purposes.

Purpose of Data Processing:

Upside Funding collects and processes personal data strictly for the following purposes:

To verify user identities and comply with regulatory and fraud-prevention requirements.
To provide access to trading platforms, evaluation programs, and funded accounts.
To process payments, withdrawals, refunds, and other financial transactions.
To assess and monitor compliance with Upside Funding’s terms, conditions, and risk management protocols.
To improve our services, personalize user experiences, and optimize system functionality.

Data Security and Storage:

All collected data is securely stored on encrypted servers and subject to strict access controls.
Only authorized personnel within Upside Funding or affiliated service providers handling essential operations (e.g., payment processing) may access user data.
Data security protocols include encryption, firewalls, and secure data transmission measures to prevent unauthorized access or breaches.
Personal data will be retained only for as long as necessary for the stated purposes or as required by applicable laws and regulations.

10.2 Use of Data for Evaluation Purposes

During the Evaluation Process, Upside Funding collects, processes, and analyzes trading data to assess a trader’s performance, risk management, and eligibility for funding opportunities.

Types of Trading Data Processed:

Profit and loss statements, trading volume, frequency of trades, and risk management behavior.
Compliance with evaluation rules, drawdown limits, and strategy consistency.
Trading behavior patterns, including adherence to the terms of service and risk control mechanisms.

Purpose of Trading Data Processing:

To determine a trader’s eligibility for progression from the Evaluation Phase to a funded account.
To identify prohibited trading practices and enforce risk management policies.
To enhance Upside Funding’s proprietary evaluation models, risk assessments, and trading performance benchmarks.

Anonymized and Aggregated Data Usage:

Upside Funding may use aggregated and anonymized trading data for internal analytics, service improvements, and performance benchmarks.
Such anonymized data may also be used to enhance algorithmic models, evaluation processes, and market insights without identifying individual traders.
Traders will not be entitled to compensation, royalties, or profit-sharing for the use of anonymized trading data collected during the Evaluation Process.

Data Sharing for Internal and Compliance Purposes:

Upside Funding reserves the right to share trading performance data with affiliated entities, risk management teams, and regulatory bodies where necessary.
Traders explicitly consent to automated analysis of their trading activity as part of Upside Funding’s evaluation process.

11. Termination of Services

11.1 Grounds for Termination

Upside Funding reserves the right to terminate services or accounts under the following circumstances:

Violations of Terms & Conditions:
Any breach of these Terms & Conditions, including violations of prohibited trading practices, misrepresentation of personal information, or any action that undermines the integrity of the platform.

Inactivity:
Accounts that remain inactive for 30 consecutive days will be automatically deactivated and cannot be restored.

Multiple Accounts or Identities:
Operating more than one account, using false identities, creating duplicate accounts, or allowing third parties to trade on your behalf is strictly prohibited and will result in immediate and permanent termination.

Fraudulent or Malicious Activity:
Engaging in any fraudulent, deceptive, or malicious behavior, including but not limited to:

Exploiting system vulnerabilities, glitches, or software bugs.
Providing false information or manipulating trading data.
Attempting to bypass risk controls or circumvent trading restrictions. Such activities may also result in legal action and referral to appropriate authorities.

Non-Compliance with Eligibility Criteria:
Traders who fail to meet or comply with the eligibility criteria, including but not limited to:

Age requirement (minimum 18 years old).
Jurisdictional restrictions (e.g., residents of banned regions).
Regulatory compliance issues that prevent lawful use of Upside Funding’s services.

Disputes or Chargebacks:
Initiating a chargeback, payment dispute, or reversal request with your payment provider without first attempting to resolve the issue through Upside Funding’s support team is a direct violation of these Terms & Conditions.
If a chargeback is filed, Upside Funding reserves the right to:

Deny or revoke refunds permanently.
Suspend or terminate services immediately, including evaluation accounts, funded accounts, or payouts.
Blacklist the trader from participating in any future Upside Funding programs.
Pursue legal action if necessary. Traders must address any concerns or issues directly through Upside Funding’s support team at [email protected].

11.2 Procedure for Closing Accounts

Voluntary Account Closure:
Traders wishing to close their account may submit a written request to Upside Funding’s support team via email at [email protected].
Upon receiving the request, Upside Funding will process account closure within 5 business days, provided that:

No active evaluations or funded accounts are in progress.
No unresolved disputes, violations, or outstanding financial obligations exist.
All account balances, payouts, or refund claims have been settled.

Involuntary Account Termination:
If an account is terminated due to rule violations, fraud, or chargeback activity, the following conditions apply:

No prior notice is required for terminations resulting from fraud, policy violations, or system abuse.
Any pending payouts, withdrawals, or refunds will be permanently forfeited.
Traders will not be eligible for future participation in Upside Funding’s programs.

Data Retention:
Upside Funding reserves the right to retain account data for legal, regulatory, and operational purposes for a period deemed necessary after account closure.

Data retention duration is subject to compliance obligations under relevant financial and data protection laws.
Upside Funding may share account data with regulatory authorities if required by law.

Final Settlement:

If applicable, Upside Funding will settle any outstanding financial obligations before permanently closing an account.
Traders terminated for violating the Terms & Conditions forfeit all payouts, refunds, and associated benefits.

12. Amendments to the Terms

12.1 Right to Modify T&C

Upside Funding reserves the right to modify, update, or replace these Terms & Conditions at its sole discretion without prior consent from traders. Modifications may include, but are not limited to:

Changes to services or features provided by Upside Funding.
Adjustments to fees, payouts, refund policies, or trading conditions.
Updates to compliance policies in response to legal, regulatory, or operational changes.
Modifications to prohibited trading practices or risk management rules.

These modifications ensure that Upside Funding’s policies remain legally compliant, operationally effective, and aligned with industry standards.

12.2 Notification Process for Changes

Notice to Traders:

For material changes that impact traders’ rights or obligations, Upside Funding will provide advance notice via:

Email notification to the registered email address associated with your account.
Announcements in the Client Area on the Upside Funding platform.
A minimum of 7 calendar days’ notice before changes take effect.

Trader Acknowledgment:

Continued use of the platform or services after the changes take effect constitutes full acceptance of the updated Terms & Conditions.
If you do not agree with the changes, you have the right to terminate your account as outlined in Section 11 (Termination of Services) before the changes take effect.
Termination of services based on disagreement with policy updates does not entitle traders to refunds, payouts, or compensation.

Exceptions for Immediate Changes:

Upside Funding reserves the right to implement changes immediately and without prior notice if:

The changes are non-material and do not significantly alter traders’ rights.
The changes introduce new features or services beneficial to traders.
The changes are required to comply with legal, regulatory, or security obligations.

13. Governing Law and Jurisdiction

13.1 Legal Framework Governing the T&C

These Terms & Conditions, including any disputes or claims arising from or relating to them, shall be governed by and construed in accordance with the laws of Hong Kong.
All services provided by Upside Funding are subject to and must comply with the legal and regulatory framework of Hong Kong.

13.2 Dispute Resolution Methods

Informal Resolution:

Traders are encouraged to first attempt to resolve any disputes informally by contacting Upside Funding’s support team at [email protected].
Most issues are resolved through direct communication within 30 calendar days.

Formal Resolution:

If informal resolution is unsuccessful, disputes shall be submitted to the exclusive jurisdiction of the courts in Hong Kong.
By using Upside Funding’s services, both the trader and Upside Funding expressly waive the right to participate in any class action lawsuit.
All disputes must be resolved on an individual basis.

14. Final Provisions

14.1 Entire Agreement Clause

These Terms & Conditions constitute the entire agreement between Upside Funding and the trader concerning the use of Upside Funding’s services.
This agreement supersedes and replaces all prior or contemporaneous understandings, agreements, or representations, whether written or oral, related to the subject matter herein.
No amendments, modifications, or waivers of these Terms & Conditions shall be valid unless explicitly provided by Upside Funding in writing.

14.2 Severability Clause

If any provision of these Terms & Conditions is found to be invalid, unlawful, or unenforceable under applicable law, that provision shall be deemed severed from the agreement.
The remaining provisions will continue to be valid, enforceable, and binding to the fullest extent permitted by law.
Where possible, the invalid or unenforceable provision shall be replaced with a provision that most closely reflects the original intent and purpose of the agreement.