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EverTrader General Terms and Conditions

These Terms and Conditions (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, “customer”, “client”) and FinovaTech s.r.o., along with its agents, assigns, and affiliates ("Company", “FinovaTech s.r.o.”, “we”, “us”, or “our”), concerning your access to and use of the evertrader.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto which is controlled by FinovaTech s.r.o. (collectively, the “Site”) and your access and use of our site, and our educational services, that may be accessed by, any mobile or computing device you own or control in connection with our educational services (collectively, the “Services”). You agree that by accessing the Site and the services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

You may not use or access the Services unless, and by accessing the Services you represent and warrant that, you (1) if an individual, are at least 18 years of age, (2) have not at any time breached a contract with FinovaTech s.r.o., and (3) accept and agree to be bound by these Terms.

These Terms together with our Privacy Policy constitute the entire agreement between you and us, regarding your access to, and use of, the Site and any Information and Services.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

1.1. The service provider is FinovaTech s.r.o., Jičínská 226/17, Žižkov, 130 00 Praha, ID: 19630573, registered in the Czech commercial register (hereinafter also referred to as the “provider”).

1.2. A client is a natural person over the age of eighteen or a legal entity who pays the provider a fee set by the provider and undertakes to comply with these Terms and Conditions (hereinafter also referred to as the “client”). If you are a natural person and you are not yet eighteen years old, you are not authorized to use the services provided by the provider.

2.1. The provider undertakes, upon fulfillment of the conditions by the client, to enable the client to use the provider’s information and tools and a virtual account provided by a third party for trading with virtual capital (hereinafter also referred to as “virtual account”), to participate in the EverTrader Evaluation program for the selection of candidates for EverAccount, through the provider’s website available at evertrader.com and to provide the client with access and license to the EverTrader Analyst app.

3.1. The client is obliged to register on the provider’s website and pay the fee set by the provider. More detailed information about fees is provided on the provider’s website, while the provider is entitled to change fees and services at any time. You must give correct and complete information when you create your account and later when using specific features. You also agree to update your information as necessary to maintain it current and complete.

3.2. The client is obliged to comply with the legal regulations relating to the person of the client, as well as the legal regulations of the Czech Republic.

3.3. The client undertakes to comply with all third-party obligations to the established virtual account. In case of non-compliance by the client, the account may be terminated without any compensation.

4.1. The provider is in no way responsible for maintaining a virtual account with a third party or for any other consequences associated with a virtual account with a third party.

4.2. The provider declares that the client is not entitled to a fee refund if the client is disqualified for violating these terms and conditions. The client is not entitled to a fee refund even if the client is participating in Phase 1 of the EverTrader Evaluation program. The conditions of the EverTrader Evaluation program are listed on the provider’s website.

4.3. The provider further declares that the client is not entitled to a refund of the fee in other cases, especially if he is unable to virtually trade virtual capital due to force majeure (mainly due to illness, natural disaster, absence of internet connection, insufficient internet connection, and insufficiently powerful computing technology).

4.4. The provider declares that the services provided by the provider may not be continuously accessible, especially for technical reasons.

4.5. The provider declares that the provider is not an investment company.

5.1. Each virtual account used by the client must be in the name of the client. The client is obliged to update the data immediately in the event of a change in the data relating to his personal account.

5.2. The client is not authorized to deal with virtual capital in any way in the real world. The client is not entitled to the payment of virtual capital. The provider disclaims any responsibility concerning the virtual account established by the client with third parties.

5.3. All virtual trading is only simulated and does not constitute an instruction to trade in real financial markets or real currency.

5.4. No investment advice or recommendations are provided to the client by the provider or its employees. The provider is not responsible for any legal actions of anyone if the client or a third party interprets it as investment advice or recommendations.

5.5. The provider does not bear any responsibility for any client’s illegal trading or any other actions of the client.

5.6. 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.

5.7. Rewards are based on performance on simulated capital. Trading involves substantial risk.

6.1. The client has the right to purchase the EverTrader Evaluation program, which consists of 2 Phases, for the fee indicated by the provider on its website.

6.2. If the client does not start Phase 1 within 180 days of the purchase, the provider will automatically start the 1st Phase for the client after 180 days. The client will be informed about this by the provider in the e-mail he filled in during registration and in the EverTrader application and the client section.

6.3. In the course of virtual trading with virtual capital as a part of Phase 1 of the EverTrader Evaluation program, the client is obliged to make trades at least in the minimum number of days according to the conditions of Phase 1 listed on the provider’s website. Trading day means a calendar day when at least 1 trade is opened in the GMT+2 time zone.

6.4. In the course of virtual trading with virtual capital in Phase 1 of the EverTrader Evaluation program, the client is also obliged to comply with other rules, such as maximum drawdown, maximum daily drawdown, and profit target of the virtual account and all other rules that are listed and described in detail at provider’s website.

6.5. If the client violates any obligations listed in the T&C or the EverTrader Evaluation program, he is automatically disqualified.

6.6. We offer two types of programs in our permanent offer: 1-phase and 2-phase Evaluation. For both programs, we require at least one trade to be executed within 30 days. Accounts that do not meet this requirement are automatically cancelled due to inactivity. For special offers, the validity period may vary, so it is always indicated on the sales page of the specific promotion.

6.7. If the client meets all the conditions set by the provider as part of Phase 1 of the EverTrader Evaluation program, the client is entitled to ask the provider to verify the results, especially if the client did not conduct virtual trading in violation of the provider’s prohibited trading practices, which are listed on the provider’s website. If the provider confirms the fulfillment of the conditions by the client after the end of Phase 1 of the EverTrader Evaluation program, the client is entitled to participate in Phase 2 of the EverTrader Evaluation program.

7.1. If the provider allows the client, the client can participate in Phase 2 of the EverTrader Evaluation program.

7.2. In the course of virtual trading with virtual capital in Phase 2 of the EverTrader Evaluation program, the client is obliged to make trades at least in the minimum number of days according to the EverTrader Evaluation conditions listed on the provider’s website. Trading day means a calendar day when at least 1 trade is opened in the GMT+2 time zone.

7.3. In the course of virtual trading with virtual capital in Phase 2 of the EverTrader Evaluation program, the client is also obliged to comply with other rules, such as maximum drawdown, maximum daily drawdown, and profit target of the virtual account and all other rules that are listed and described in detail at provider’s website.

7.4. If the client violates any of the obligations listed in the T&C or Phase 2 of the EverTrader Evaluation program, he is automatically disqualified.

7.5. We offer two types of programs in our permanent offer: 1-phase and 2-phase Evaluation. For both programs, we require at least one trade to be executed within 30 days. Accounts that do not meet this requirement are automatically cancelled due to inactivity. For special offers, the validity period may vary, so it is always indicated on the sales page of the specific promotion.

7.6. If the client fulfills all the conditions set by the provider as a part Phase 2 of the EverTrader Evaluation program, the client is entitled to ask the provider to verify the results, whether, in particular, the client did not conduct fictitious trading in violation of the provider’s prohibited trading practices, which are listed on the provider’s website. If the provider confirms the fulfillment of the conditions by the client after the end of Phase 2, the client may be offered the opportunity to conclude an Ever Account agreement with Finquant s.r.o. Finquant s.r.o. reserves the right not to conclude a cooperation agreement, even without giving a reason. There is no legal entitlement to the conclusion of a cooperation agreement with Finquant s.r.o.

8.1. The client has the right to purchase the educational program EverTrader 1 phase Evaluation, which consists of 1 phase, for the fee indicated by the provider on its website.

8.2. If the client does not start Phase 1 within 180 days of purchase, the provider will automatically start the phase for the client after 180 days. The client will be informed about this by the provider to the e-mail he filled in during registration and in the EverTrader application and in the client section.

8.3. In the course of virtual trading with virtual capital as part of the EverTrader 1 Phase Evaluation educational program, the client is obliged to carry out trades on at least the minimum number of days according to the conditions stated on the provider’s website. Trading day means a calendar day on which at least 1 trade is opened in the GMT +2 time zone.

8.4. In the course of virtual trading with virtual capital in the framework of the educational program EverTrader 1 Phase Evaluation, the client is also obliged to comply with other rules, such as the maximum trailing virtual loss, the maximum daily virtual loss, the profit target of the virtual account and all other rules that are listed and detailed described on the provider’s website.

8.5. If the client violates any of the obligations listed in the T&C or in the EverTrader 1 Phase Evaluation educational program, he is automatically disqualified.

8.6. We offer two types of programs in our permanent offer: 1-phase and 2-phase Evaluation. For both programs, we require at least one trade to be executed within 30 days. Accounts that do not meet this requirement are automatically cancelled due to inactivity. For special offers, the validity period may vary, so it is always indicated on the sales page of the specific promotion.

8.7. If the client fulfills all the conditions set by the provider as part of the educational program EverTrader 1 Phase Evaluation, the client is entitled to ask the provider to verify the results, whether, in particular, the client did not conduct fictitious trading in violation of the prohibited trading procedures of the provider, which are listed on the provider’s website. If the provider confirms the fulfillment of the conditions by the client after the end of the EverTrader 1 Phase Evaluation phase of the educational program, the client may be offered the opportunity to conclude an Ever Account agreement with Finquant s.r.o. Finquant s.r.o. reserves the right not to conclude a cooperation agreement, even without giving a reason. There is no legal entitlement to the conclusion of a cooperation agreement with Finquant s.r.o.

9.1. The Client has the right, upon payment of the fee specified by the Provider on its website, to purchase the EverTrader Instant educational program (hereinafter referred to as the “Instant Program”), the purpose of which is to enable the Client to participate in simulated trading with fictitious capital under the conditions set by the Provider.

9.2. If the client does not start Instant Program within 180 days of purchase, the provider will automatically start the phase for the client after 180 days. The client will be informed about this by the provider to the e-mail he filled in during registration and in the EverTrader application and in the client section.

9.3. During simulated trading with fictitious capital within the Instant Program, the Client is obliged to comply with all rules set by the Provider, in particular rules relating to maximum drawdown, maximum daily drawdown, risk management, permitted and prohibited trading practices, and any other conditions which are stated and described in detail on the Provider’s website.

9.4. The Client is required to execute trades on at least the minimum number of trading days in accordance with the conditions of the Instant Program specified on the Provider’s website. A trading day shall mean a calendar day on which at least one trade is opened within the GMT +2 time zone.

9.5. If the Client breaches any obligation set forth in these Terms and Conditions, the rules of the Instant Program, or any other conditions stated on the Provider’s website, the Client shall be automatically disqualified from the Instant Program without any entitlement to a refund of the paid fee.

9.6. The Provider is entitled to verify the Client’s trading activity within the Instant Program at any time, in particular in order to determine whether the Client has engaged in simulated trading in violation of the Provider’s prohibited trading practices as stated on the Provider’s website.

9.7. If the Client meets all conditions set by the Provider within the Instant Program and the Provider confirms that the Client has complied with all rules and conditions of the Instant Program, the Client may be offered the opportunity to enter into an Ever Account agreement with Finquant s.r.o. Finquant s.r.o. reserves the right not to enter into a cooperation agreement, even without stating any reason. There is no legal entitlement to the conclusion of such an agreement.

10.1. EverTrader Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with the Site and our Services. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

11.1. You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.

11.2. You further agree not to use the Website or Services:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Circumvent, disable, or otherwise interfere with security¬-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Engage in unauthorized framing of or linking to the Site.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
• To violate any intellectual property rights of the Company or any third party.
• To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
• To perpetrate any fraud.
• To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
• To publish or distribute any obscene or defamatory material.
• To publish or distribute any material that incites violence, hate, or discrimination towards any group;
• To unlawfully gather information about others.
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Attempt to impersonate another user or person or use the username of another user.

12.1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non¬confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

13.1. The Site may contain (or you may be sent via the Site) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any services you use from the Site. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

13.2 You agree and acknowledge that we do not endorse the services offered on Third Party Websites and you shall hold us harmless from any harm caused by your purchase of such services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites.

14.1. We may allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, by placing any ads on or with the Site (whether directly or via a third party ad disseminator), you take full responsibility for any advertisements you place on the Site and any services provided on the Site or services sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We have no other relationship with advertisers.

15.1 We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any services (if in our custody) or Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

16.1. You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Provider hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Provider makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Provider also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Provider is not liable for any such damage or loss.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO 20% OF THE TOTAL AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, EVERTRADER’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

18.1. The provider declares that the client is entitled for a 14 days money back guarantee (fee refund) if points 18.2. and 18.3. are not met.

18.2. The provider declares that the client is not entitled to a fee refund if the client is disqualified for violating these terms and conditions. The client is not entitled to a fee refund even if the client is participating in Phase 1 of the EverTrader Evaluation program. The conditions of the EverTrader Evaluation program are listed on the provider’s website.

18.3. The provider further declares that the client is not entitled to a refund of the fee in other cases, especially if he is unable to virtually trade fictitious capital due to force majeure (mainly due to illness, natural disaster, absence of internet connection, insufficient internet connection, and insufficiently powerful computing technology).

19.1. If the Client has any complaints or suggestions, they may be resolved with the Platform directly via the e-mail address [email protected], via the chat in the Client Section or via other means listed on the Website.

19.2. If the Client is a Consumer, who is an EU-resident, the Client has the right for the out-of-court settlement of consumer disputes available in the country of residence of the Client. The Client may also use the platform at the following website to resolve disputes online: https://www.ec.europa.eu/consumers/odr.

20.1. The Client expressly agrees that it may be published for free on the website, social networks, videos, interviews, and promotional materials.

20.2. The client agrees that the provider is entitled to view the trades as well as the client’s trading journal in the EverTrader application and the trading platform at any time, and the provider is entitled to share these results publicly (on the website, social networks, in videos, advertisements, etc.).

20.3. The client agrees that his full first name and initial of the last name will be displayed in the leaderboard maintained by the provider, and the trading results (number of trades, number of profits/losses, etc.) will be available to third parties.

20.4. The client may not provide access data to the provider’s services to any third party. No third party may carry out transactions on behalf of the client.

20.5. The provider bears no responsibility for the displayed data and information in trading platforms provided by third parties or for delayed data and any other connection with the trading platform of third parties.

20.6. The provider has the exclusive right to determine what is not honest virtual trading of the client and is subsequently entitled to ask the client for correction. If the client does not remedy the situation within the specified period, it is a violation of these terms and conditions.

20.7. Client commits to respect the functioning of the real market. As such, trading practices that interfere with the functioning of the actual market are prohibited and will constitute a violation of these T&C. Trading practices that are inconsistent with the functioning of the real market include, but are not limited to:

• Use of platform or data freeze
• Use a delayed data source
• Trading on delayed charts
• Use of limit order fulfillment guarantee
• Use of hedging trades between EverAccounts
• Use of hedging trades between EverTrader user accounts
• Hold trades over/during earnings (when trading stocks)
• Open and hold trade(s) before/during corporate events and other reports that might affect the relevant stock market – gap trading
• Trading against a product’s news or weekend trading rule, where the product has one. The time window, which trades it restricts (opening, closing or holding) and its consequence (a breach of the account, or profits from those trades not being counted) are set for the product and listed on the provider’s website. Products without these rules have no news or weekend trading limits. Reviewdesk bases most of High impact news on this website http://www.forexfactory.com/
• Arbitrage trading
• Copy trading other traders
• Account rolling
• Copy trading of any kind, including between the client's own EverAccounts
• Using EAs or other automated trading robots
• Tick scalping
• Overleveraging and/or overexposure
• Making trades contrary to the way it is actually traded on the forex market or other markets
• Simultaneous opening of opposite positions on multiple accounts
• Conducting trades contrary to the trading platform provider
• HFT (High Frequency trading)
• Tools that could manipulate the markets
• Using trading strategies that exploit service errors
• Exploiting demo-feed pricing errors or latency
• Buying or using challenge-passing services
• Or any other way in which the provider could suffer losses
• Account management services
• Other strategies that do not take into account real market conditions

20.8. The funds provided to the client are not real, and the client does not have the right to deal with them in the real world. The Client is not responsible for any losses on the part of the Provider. The provider is not responsible for any losses on the part of the client.

20.9. All trading made by the client is only simulated and does not constitute an instruction to trade in real financial markets or real currency.

20.10. Except for a registration fee, the Provider does not, under any circumstances, accept any funds or other assets from the client or manage any funds or other assets for the client.

20.11. No performance provided by the provider to the client is an investment service or activity within the meaning of the legal regulations governing investment services and capital markets in particular. The provider does not provide any information or instructions for any real trading.

20.12. The provider disclaims any responsibility towards the client and third parties to the maximum extent permitted by law.

20.13. The provider reserves the right to exclude the client without giving a reason.

20.14. The provider reserves the right to change fees and T&C at any time.

20.15. The client has familiarized himself with the principles of personal data processing, which are available on the operator’s website, and undertakes to comply with them.

20.16. All legal relationships arising from these terms and conditions or connected to them, including any associated non-contractual legal relationships, will be subject to the laws of the Czech Republic. Any disagreement arising in connection with these terms and conditions and/or related agreements will be under the jurisdiction of the Czech court with local jurisdiction.

20.17. The stipulations in clause 20.16 do not waive the protection granted to consumers by the mandatory laws of the applicable Member State of the European Union or any other jurisdiction.

20.18. Please note that the provider does not provide services to people from Syria, North Korea and Iran, people with criminal records, people on sanctions lists, people in connection with financial crime or terrorism, or people who have previously been banned for breach of contract. Due to our business decision based on operational considerations EverTrader currently provide services to citizens and residence of the EU, Switzerland and the United Arab Emirates ONLY.

20.19. The client has access to the EverTrader Academy (Education section) and the EverTrader Analyst app for the entire duration of the EverTrader Evaluation program.

20.20. Every purchase is pinned to the version of these Terms in force at checkout, visible in the client’s dashboard. That version governs the account until it closes. Changes made under 20.14 that are less favorable to the client apply to new purchases only; improvements may be extended to existing accounts. Every change is listed in a public, dated changelog. If the provider ever breaches this clause, the client is entitled to a full refund of the fee on request.

20.21. A written answer from the provider’s support can only bind the provider in the client’s favor, never restrict the client.

20.22. Anything the client is unsure about must be declared to support before trading. The client receives a written yes or no. A written yes is permanent for that account and can never be used against the client.

21.1. The parameters of each account, such as profit targets, the profit target per payout, maximum loss (static or trailing), daily loss, leverage, minimum trading days, cushion, minimum payout and profit split, are printed on the account card at purchase and shown in the client’s dashboard. The account card is part of these Terms.

21.2. Product rules such as the type of maximum loss, daily loss, consistency, minimum trading days and the news trading rule apply only as enabled for the product and shown on its account card.

21.3. Where the platform enforces a limit at order entry, an order that would breach the account parameters is rejected and does not execute.

22.1. This article applies to funded accounts under an Ever Account agreement (7.6, 8.7 and 9.7). The figures for each product are on its account card.

22.2. Cushion. Where the account card sets a cushion, that share of profit stays in the account and is not withdrawable until the card says it is released. If the account is closed before then, the cushion closes with it. Every released amount counts toward the next payout.

22.3. First payout. The first payout unlocks when the balance reaches the cushion plus the minimum payout; any amount above the cushion may be withdrawn. It is processed within 24 hours of the request; if the provider exceeds 24 hours, the client receives a free challenge of the same size.

22.4. Later payouts. Each later payout requires the balance to be above the cushion by at least the profit target per payout on the account card (not the evaluation profit target). Later payouts may be requested no sooner than 14 days after the previous one and are processed within 15 days at most, or the late penalty in 22.3 applies.

22.5. Partial withdrawals. The client may withdraw only part of the available amount. What is left in the account counts toward the next payout.

22.6. Minimum payout and profit split are as shown on the account card.

22.7. Fee-Back. Where the account card includes a Fee-Back, the full fee is refunded with the first full payout. A Test Withdrawal is not a full payout.

22.8. Test Withdrawal. Where the account card includes a Test Withdrawal, the client may withdraw profit up to the amount on the card once per account, from the first day of the funded stage. It is processed within 24 hours, is exempt from the minimum payout, does not trigger the Fee-Back and does not count as a payout for the cushion.

22.9. Rights are never sold: there is no paid faster cadence, no paid higher split and no paid safety tools.

23.1. Every payout request, approved, pending or rejected, is published on the public Payout Registry with amount, method, processing time and a verifiable reference (masked, auditable on request). Rejections carry the written reason and the clause of these Terms they rest on. Clients are shown as set out in 20.3.

24.1. The client has a right of reply to any decision on the account, including a disqualification. The reply is reviewed by a second person not involved in the first decision.

24.2. Verification calls, when needed, are announced at least 48 hours ahead, with public criteria; recordings are shared with the client.

24.3. KYC requirements are stated before purchase and are never introduced retroactively as a payout condition.

25.1. The client’s full execution data (orders, fills, timestamps) is exportable from the dashboard at any time, including after the account closes, for at least 24 months.

26.1. A failure of a payment processor never terminates the account and never voids an approved payout: the balance remains the client’s while an alternative rail (bank transfer or USDT, as declared) is activated. Support resolves such events with the client directly.