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 Viral Media spol. s.r.o., along with its agents, assigns, and affiliates (“Company”, “Viral Media spol. s.r.o.”, “we”, “us”, or “our”), concerning your access to and use of the evertrader.com.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 Viral Media spol. 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 Viral Media spol. s.r.o., and (3) accept and agree to be bound by these Terms.
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 Viral Media spol. s.r.o., with registered office at Rybná 716/24, 110 00 Prague, ID: 02757257 (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. Obligation of the provider
2.1. The provider undertakes, upon fulfillment of the conditions by the client, to enable the client to use the provider’s tools and a virtual account provided by a third party for trading with fictitious 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 to the EverTrader Analyst app.
3. Obligations of the client
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 fictitious 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. Other conditions
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 fictitious capital in any way in the real world. The client is not entitled to the payment of fictitious 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.
6. EverTrader Evaluation program Phase 1
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 90 days of the purchase, the provider will automatically start the 1st Phase for the client after 90 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. 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. EverTrader Evaluation program Phase 2
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 program, he is automatically disqualified.
7.5. 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 a cooperation agreement in the EverTrader Evaluation program with the company TradeStreet s.r.o. The company TradeStreet s.r.o. reserves the right not to conclude a cooperation agreement, even without giving a reason, and a cooperation agreement with the company TradeStreet s.r.o. not a legal claim.
8. Intellectual Property
8.1. 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.
9. Acceptable Use
9.1. 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.
9.2. 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.
10.1. 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.
11. Third-Party Links & Content
11.1. 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.
11.2 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.
12.1. 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.
13. Site Management
13.1 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.
14. No Warranties
14.1. 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.
15. Limitation on Liability
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.
16. Final Provisions
16.1. The Client expressly agrees that it may be published for free on the website, social networks, videos, interviews, and promotional materials.
16.2. 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.).
16.3. 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.
16.4. 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.
16.5. The provider bears no responsibility for the displayed data in trading platforms provided by third parties or for delayed data and any other connection with the trading platform of third parties.
16.6. 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.
16.7. 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. 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
For more information on trading practices that are inconsistent with the functioning of the real market, please visit evertrader.com. Violation of these terms in any manner may constitute an immediate termination of these T&C.
16.8. 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.
16.9. All trading made by the client is only simulated and does not constitute an instruction to trade in real financial markets or real currency.
16.10. 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.
16.11. 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.
16.12. The provider disclaims any responsibility towards the client and third parties to the maximum extent permitted by law.
16.13. The provider reserves the right to exclude the client without giving a reason.
16.14. The provider reserves the right to change fees and T&C at any time.
16.15. 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.
16.16. The applicable legal order is the legal order of the Czech Republic, and in the event of a dispute, the local jurisdiction of the court is given according to the seat of the provider. If the client is subject to a different legal order than the legal order of the Czech Republic, the client undertakes to comply with the legal order to which he is subject, and this is exclusively his own responsibility.