Client Agreement and Terms of Use

1. Who we are and when these terms apply

1.1 These terms form a binding agreement between you and Aeuria LLC, a limited liability company registered in St. Vincent and the Grenadines under company number 4535 LLC 2026, with its registered office at Suite 305, Griffith Corporate Centre, Beachmont, Kingstown, St. Vincent and the Grenadines ("Company", "we", "us", "our"). XAUFUNDED PROP is our trading name.

1.2 This agreement applies to our website, checkout, client area, simulated trading accounts, any later simulated stage, rewards and support (the "Services").

1.3 The agreement consists of: these terms; the Program Rules for the product you purchase, as displayed at checkout (the "Program Rules"); the Refund and Cancellation Policy; the Risk Disclosure; and the Privacy Notice and Cookie Notice. If the Program Rules conflict with these terms on a product-specific trading parameter, the Program Rules prevail for that parameter; these terms prevail on everything else.

1.4 You accept this agreement by ticking the acceptance box at checkout and completing your order, or by using the Services. Your order is linked to the version displayed when you purchased. If you do not agree, do not purchase or use the Services.

1.5 This agreement is written in English. Translations are for convenience only; the English version prevails.

2. What we provide — and what we do not

2.1 We provide access to a trading evaluation in a simulated environment using fictitious funds. If you meet the published objectives, we may provide access to a further simulated account under the Program Rules.

2.2 We do not accept deposits, hold client money for trading, open brokerage or investment accounts for you, execute your orders in any live market, manage investments, or give you any ownership of, or interest in, any displayed balance or position.

2.3 The Services are not brokerage, investment services, financial or investment advice, a collective investment scheme, a deposit, a loan, gambling, an offer of employment, or a partnership or joint venture. You are an independent customer.

2.4 Any educational, market or general information we provide is general in nature and is not personalised advice. You alone decide whether the Services are suitable for you.

2.5 At our sole discretion and using only our own funds, we may analyse, replicate, hedge or otherwise use simulated trading activity and data for our own risk management and business purposes. This does not make your account live, does not give you any interest in, right to or liability for any such transaction, and does not change how your reward is calculated.

3. Simulated accounts

3.1 All balances, equity, positions, orders, profits and losses shown in the Services are simulated and denominated in fictitious funds. They are not money deposited by you or held for you, and they cannot be withdrawn, transferred or redeemed. This remains true at every stage, including any "funded" stage.

3.2 Simulated results do not fully reflect live trading. They may not reflect real liquidity, slippage, execution speed, market impact, financing costs or emotional pressure. Past or simulated performance is not a reliable indicator of future results.

3.3 Prices, spreads, swaps, commissions and execution in the simulated environment are set by us and our technology providers and may differ from other venues.

4. Eligibility and restricted jurisdictions

4.1 You may use the Services only if you: are at least 18 years old (or the age of majority where you live, if higher); have full legal capacity; act for yourself and not for another person; provide complete, accurate and current information; and are located and resident in a jurisdiction where we make the Services available.

4.2 The Services are not available to: (a) citizens or residents of the United States of America, or persons located in the United States; (b) persons resident in or accessing the Services from Afghanistan, Belarus, Cuba, Iran, Iraq, Myanmar, North Korea, Russia, Syria, Thailand, mainland China, Hong Kong SAR, or the Crimea, Donetsk, Luhansk, Kherson or Zaporizhzhia regions; (c) any person on, owned or controlled by a person on, a sanctions list maintained by the United Nations, the United States (OFAC), the European Union or the United Kingdom; (d) any person in a jurisdiction where offering or using the Services would be unlawful. A location not listed above is not automatically supported; availability is limited to locations enabled at checkout. We may update this list at any time.

4.3 You must not use a VPN, proxy, false address, nominee, another person's identity or another person's payment method to hide your identity or location or to get around any restriction. Doing so is a material breach.

4.4 We may at any time request identity, age, address, sanctions, source-of-payment or other verification, and may refuse, pause or end access, and withhold any reward, until verification is completed to our reasonable satisfaction. You must tell us promptly if your eligibility changes, and stop using the Services until we confirm in writing that you may continue.

5. Orders, fees and payment

5.1 The checkout page states the product, account size, fee, currency and payment methods available. Fees are one-time unless the checkout clearly states a recurring plan and its billing interval.

5.2 By completing an order you authorise the displayed payment method to be charged the displayed amount. You must be the owner of the payment method used.

5.3 We may refuse or cancel any order before access is provided, including where payment is not authorised, information is inaccurate, you are ineligible, or we suspect fraud, abuse or unlawful activity. If we cancel before providing access, we refund the amount received for that order.

5.4 You are responsible for bank, card, network, blockchain and currency conversion charges, and for any taxes that apply to you, including tax on any reward you receive.

5.5 Prices shown on the website outside the checkout are indicative. The price at checkout governs.

5.6 If you dispute or reverse a payment (a "chargeback") without first contacting us and giving us a reasonable opportunity to resolve the issue, we may suspend your accounts linked to that payment while the dispute is open, and close them if the chargeback is not withdrawn or is decided in your favour on grounds that are untrue. This does not limit any right you have against your bank or payment provider.

6. Your account and conduct

6.1 Your account is personal. You must trade it yourself, keep your login details secure, and tell us immediately of any unauthorised access. You are responsible for all activity under your login.

6.2 You must not share, sell, rent, transfer or let anyone else access, manage or trade your account, and must not hold accounts in another person's name or have someone hold accounts for you.

6.3 Prohibited practices. You must not, alone or with others: (a) exploit pricing errors, delayed or stale prices, latency, data-feed or platform errors; (b) use latency arbitrage, tick scalping or high-frequency strategies designed to exploit the simulated environment; (c) open opposite or offsetting positions across your accounts, across other customers' accounts, or with another firm, to hedge or guarantee an outcome ("cross-account" or "external" hedging); (d) coordinate trading with other customers, use account management, signal or copy services operated by third parties, or copy another person's trades, unless the Program Rules expressly allow it; (e) use software, expert advisors, bots or automated tools except as expressly allowed in the Program Rules; (f) use strategies whose purpose is to pass an evaluation or generate a reward by gaming the rules rather than through genuine trading risk; (g) interfere with, reverse engineer, overload or attack the platform or Services; (h) commit fraud, use stolen or unauthorised payment details, or provide false information; (i) breach any law or sanctions.

6.4 Any further product-specific restriction (for example on news trading, weekend holding or maximum position size) is stated in the Program Rules before purchase. We will not apply an unpublished rule to fail an account or deny a reward.

7. Evaluation, review and rewards

7.1 When an account reaches an objective or a reward is requested, we may review it before confirming a pass, opening a later simulated stage or approving a reward. A review may cover the calculation, your identity, location and eligibility, ownership of the payment method, compliance with these terms and the Program Rules, and whether any activity involved a prohibited practice.

7.2 Where we have a reasonable basis to suspect a breach, we may pause the affected account and the related portion of any reward while we investigate. We will tell you the general reason and the rule concerned (without disclosing security details or other people's data) and give you an opportunity to respond. We aim to complete reviews within 10 business days and will update you if more time is needed.

7.3 A reward is payable only if all of the following are met: the objectives and risk limits in the Program Rules; successful identity and eligibility verification; no breach of these terms or the Program Rules affecting that reward; and the request, minimum, interval, payment-method and other conditions in the Program Rules. The reward amount, calculation basis, timing, payment method, currency and any charges are stated in the Program Rules.

7.4 A reward is a contractual payment from us calculated by reference to simulated performance. It is not a withdrawal of a simulated balance, a share of live-market profits, a return on any investment, wages or a guaranteed source of income. We may correct any reward calculated in error.

7.5 If a breach is confirmed, we may take proportionate action, which may include a warning, correcting the affected result, resetting or closing the affected account, and refusing or reclaiming any reward obtained through the breach. Where the breach is fraud, identity misuse, prohibited hedging or coordinated abuse, we may close all of your accounts and refuse all rewards connected to that conduct. We will not refuse an unrelated, undisputed reward as a penalty for a separate minor issue.

7.6 Rewards are paid only to a verified payment method or wallet in your own name. We may require the information needed to meet our legal, tax and anti-money-laundering obligations before paying.

8. Changes to the Services and rules

8.1 We may change the Services, products, prices and Program Rules for future purchases at any time. Changes do not apply retroactively to defeat a reward already earned under the rules that applied to your account.

8.2 We may update these terms. The current version and its effective date are published on the website. Updated terms apply from their effective date. If a change materially affects a product you have already bought, we will explain how it applies.

9. Platform, technology and errors

9.1 The trading platform and certain systems are provided by third-party technology providers. We do not promise uninterrupted or error-free availability. Access may be affected by maintenance, connectivity, third-party outages, market-data interruptions, cyber incidents or other events outside our reasonable control.

9.2 If a price, execution, calculation or other technical error occurs, we may correct the affected trades, balances, results or rewards using reliable records and the Program Rules. We will not treat a verified technical failure as your breach.

9.3 You should keep your own records and report any suspected error to support@xaufunded.net promptly, and in any event within 7 days.

10. Suspension and termination

10.1 We may suspend or terminate your access, with or without notice, where reasonably necessary to: comply with law, sanctions or a request from an authority; protect the Services, us or other customers; investigate a suspected material breach; address non-payment or a chargeback; or respond to a security incident. Where practical and lawful, we will give you notice and an opportunity to respond before a final decision.

10.2 We may discontinue a product or the Services. If we discontinue a product you have paid for before you have had a reasonable opportunity to use it, we will offer an equivalent product or a refund of the unused fee.

10.3 You may stop using the Services at any time. Stopping does not entitle you to a refund except as stated in the Refund and Cancellation Policy or required by law.

10.4 Clauses that by their nature should survive termination continue to apply, including clauses 5.4, 7.5, 11, 12, 13 and 14.

11. Intellectual property and confidentiality

11.1 The website, brand, content, rules, software and materials are owned by us or our licensors. We grant you a limited, personal, non-transferable, revocable right to use the Services for their intended purpose while your account is active.

11.2 You must not copy, scrape, resell, redistribute, frame or use the Services or their data to build or benchmark a competing service, or use our name or brand without our written consent.

11.3 Trademarks of third parties shown on the website belong to their owners and are used for identification only.

12. Disclaimers and limitation of liability

12.1 To the maximum extent permitted by law, the Services are provided "as is" and "as available". We make no promise that you will pass, reach any stage, receive any reward or achieve any trading result.

12.2 To the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, or for any loss of profit, opportunity, anticipated reward, goodwill or data, arising from or in connection with the Services.

12.3 To the maximum extent permitted by law, our total liability to you for all claims arising from or in connection with an order is limited to the fees you paid us for that order.

12.4 Nothing in this agreement limits or excludes liability for fraud, for death or personal injury caused by negligence, or any other liability that cannot lawfully be limited or excluded, or removes any mandatory consumer right you have under the law where you live.

13. Your responsibility to us

13.1 You will compensate us for any loss, liability, claim or reasonable cost (including reasonable legal fees) that we suffer as a direct result of your fraud, breach of clauses 4 or 6, unlawful use of the Services, or infringement of another person's rights. This does not apply to the extent the loss is caused by our own breach or negligence.

14. Complaints, disputes and governing law

14.1 Complaints: email support@xaufunded.net with your name, account ID, order number and details. We acknowledge complaints within 2 business days and aim to give a reasoned response within 15 business days. You may ask for a decision to be reviewed by a different member of our team.

14.2 Before starting any formal proceedings, you agree to use the complaints process and to give us 30 days to try to resolve the dispute. This does not stop any legal time limit from running.

14.3 This agreement and any dispute or claim arising from it (including non-contractual claims) are governed by the laws of St. Vincent and the Grenadines.

14.4 The courts of St. Vincent and the Grenadines have exclusive jurisdiction, except where mandatory law where you live gives you the right to bring a claim in your local courts.

14.5 To the extent permitted by law, disputes are resolved on an individual basis only, and not as a class, collective or representative action.

15. General

15.1 We may assign or transfer our rights and obligations under this agreement to an affiliate or a successor business, provided your rights are not reduced. You may not transfer yours.

15.2 We are not responsible for delay or failure caused by events outside our reasonable control.

15.3 If any provision is found unenforceable, the rest continues in force and that provision applies to the maximum extent permitted.

15.4 A delay in enforcing a right is not a waiver of it.

15.5 This agreement is the entire agreement between you and us about the Services and replaces any prior statements, including marketing statements, about them.

15.6 Notices to you may be sent by email or through the client area. Notices to us must be sent to support@xaufunded.net.