8.5. Free Accounts:

8.5.1. All accounts provided free of charge by FundsCap must be manually approved, and
the use of EAs is not permitted.

9. Payments 

9.1. FundsCap Account fees vary depending on user selection and other factors such as initial
capital amount and account type chosen.
9.2. However, we reserve the right to provide our services on different terms to any individual or
legal entity at our sole discretion. Prices/fees are not fixed and may be subject to change at any
time without notice. Any changes to prices/fees will only affect future orders. We may offer
discounts or promotional vouchers from time to time, but these are subject to change and will
be at our sole discretion. After the promotional or discount/voucher period ends, you will be
charged the standard price of the product. We reserve the right to end any discounts or
promotions at any time without notice.
9.3. Payments of fees are accepted in the currency selected by the User. If payment is made in
a currency not available on the Site, the User agrees that payment will be subject to the market
exchange rate at the time of payment.
9.4. Payment can be made using credit/debit cards, using Cryptocurrencies (USDT), by bank
transfer or PIX. Payments will be processed immediately. The User agrees to pay all fees
incurred when paying the fees through the selected payment service provider. The User agrees
to make full payment as quoted by FundsCap Limited.
9.5. During the payment process, you may be asked to provide certain relevant information,
including your name, telephone number, address, email address, billing address, card details,
and any other information required for the completion of the payment. None of this information
will be seen, stored or maintained by FundsCap.
9.6. Please note that service fees do not include all taxes. If you are a legal entity or merchant,
it is your responsibility to pay all necessary taxes related to your use of our service.
9.7. To ensure the protection of our service against illegal activities, please be aware that
third-party payments are not accepted. Payment method details must match the Know Your
Customer (KYC) and withdrawal details provided.

10. Consistency Rules

The consistency rules outlined aim to identify traders who demonstrate discipline, risk control and
performance over time.
10.1. Floating Loss Ratio:
10.1.1. Floating loss ratio refers to the percentage of unrealized losses in a trading account
relative to the total capital or equity. It measures how much of the account value is currently
at a loss, but the loss has not yet been realized (the position has not yet been closed).
10.1.2. This ratio helps traders assess the current risk exposure of their open positions.

 
Example:

 
Let’s say you have a trading account with $100,000 in equity. You currently have open
positions showing an unrealized loss (floating loss) of $3,000. To calculate the Floating
Loss Ratio, you divide the floating loss by the total equity: $3,000 ÷ $100,000 = 3%.
This means that 3% of your account is currently at risk, based on your open trades. If those
positions were closed at that time, you would realize a loss of $3,000.
10.2. Lot Consistency:
10.2.1. The Lot Consistency Drawdown Rule is a policy implemented by FundsCap to
manage risk and ensure that traders are not engaging in erratic or high-risk trading
practices that could jeopardize the firm’s capital.
Example:
Trader A starts trading with 1 standard lot per trade. On active days of the payout cycle for
15 days, Trader A continues to trade with lot sizes averaging 1.5 lots, and the lot
consistency threshold is 2x up and 0.5x down, ranging from 3 to 0.75 standard lots. Trader
A makes 30 eligible trades out of 40, within 3 to 0.75 lots during this period. Result: Trader
A has eligible trades for a drawdown as he maintained lot consistency within the allowed
deviation and met the trading frequency requirement.

10.3. Trade Value Score:

10.3.1. This rule ensures that no single trade accounts for more than 33% of the total profit
made during the assessment period.
10.3.2. The objective is to promote consistency in performance, avoiding gains
concentrated in a single operation and valuing sustainable strategies over time.
Example:
Account Profit: $5,000
Trade A Profit: $1,650 (closed alone at a specific time)
Negotiation Value Score:
(1.650 ÷ 5.000) × 100 = 33%
Result: The account is not eligible for withdrawal.
10.4. Soft Rules:
10.4.1. Soft rules are less rigid guidelines that do not result in automatic failure or
disqualification if the trader breaks them. Thus, giving the client a new chance.
10.4.2. In the event of a Soft Rule being violated, the trade in question will be automatically
closed.
10.4.3. Soft rules can offer one, two, or four opportunities, depending on the type.
10.5. Monthly Virtual Bonus Rule:
10.5.1. Clients with an Unlimited account and a balance of US$ 100,000.00 who make at
least 6% profit in a 30-day period will be entitled to a virtual bonus equivalent to 1% of their
current Capital allocation. This virtual payment occurs every 30 days.

11. Refund and Cancellation Policy

11.1. Payments made on this website are, as a rule, final anddo not, in themselves, imply an
unrestricted right to reimbursement, except as expressly provided for in these Terms and
Conditions. Fees paid on the website are for access to the FundsCap funding challenge or the
services provided by it.
11.2. The User may request cancellation of the service or terminate the contract within 7 days
from the date of the order, without needing to give any reason, provided that no trading has
been carried out on the account. The User must send an email to [email protected] to
complete the termination of the contract and cancel the order. Upon receipt of the email, we will
send a confirmation and process the refund to the original payment method used by the User
when placing the order. Please note that access to trading is subject to successful completion of
the KYC verification. If the User fails to complete it, he/she will not be entitled to a refund under
this clause.
11.3. If a user chooses to cancel his/her account after trading on it or fails to comply with
FundsCap’s conditions after completion or verification, or violates any terms of this Agreement,
the user will not be entitled to a refund, even if the order or contract is canceled.
11.4. In the event of a defective service, where we are unable to deliver the service as
promised, you must notify us immediately of the defective service. Once notified, we will attempt
to correct the defective service within 30 days of receiving the complaint. If we are unable to
correct the service after the aforementioned 30 days, you may terminate the contract by
sending an email to [email protected] or requesting a reasonable discount. If you choose
to terminate the contract, we will refund any fees already paid.
11.5. You must not unreasonably dispute a fee or payment made through chargeback, dispute
services or other similar methods. If you make such an unlawful claim for refund or cancellation
(for example, through chargeback services, dispute services or other similar services), we
reserve the right, in our sole discretion, to terminate our services and refuse any future use of
our website and services.

12. Fraudulent Transactions

12.1. If in any case there is an allegation that our service has been used fraudulently and/or for
illegal activities, we will cooperate with the authorities who will investigate this and, if found to
be true, we will flag and blacklist that user so that he/she can no longer use our services.
12.2. In the event of any allegation that your payment card has been used without your
permission or any other fraudulent use of payment cards, we will assist the bank and law
enforcement authorities in any investigations, including providing all relevant details about you,
card authentication and any communications through or in connection with the Website and
previously requested services.

13. Intellectual Property

13.1. Subject to the other terms of these Terms and Conditions, all Content included on the Site,
unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images,
sound clips, video clips, data compilations, page layout, underlying code and software, is the
property of FundsCap (www.fundscap.com), our affiliates or relevant third parties. By continuing
to use the Site, you acknowledge that such material is protected by applicable intellectual
property laws. You may not reproduce, copy, distribute, store or otherwise re-use material from
the Site unless otherwise indicated on the Site or unless we have our express written
permission to do so.
13.2. FundsCap grants you a limited, non-exclusive, non-transferable, revocable permission to
use the information provided on our website (www.fundscap.com) for your personal,
non-commercial use and in accordance with the purpose for which the Services are provided.
You are not permitted to sell or otherwise transfer use of this information to any third party
without the express written consent of FundsCap.

14. Use of This Site

14.1. When using the website and our services, you must adhere to the following rules:
14.1.1. Your means of identification must not violate these Terms and Conditions or any
applicable laws.
14.1.2. You must communicate politely with our staff when contacting them and refrain from
using profanity or making racist, sexist or threatening comments towards them.
14.1.3. You must not display, publish, copy, print, post, modify or otherwise use the Site and
the information contained therein for the benefit of any third party or the Site without our
prior written consent.
14.1.4. You must not use our website or services for illegal activities.
14.1.5. Any attempt to post or send malicious content, including spyware, viruses, or other
similar items with the intent to compromise another member’s account or computer
environment, is strictly prohibited.
14.1.6. You must not use any robot, spider, site search/retrieval application or other
automated device, process or means to access, retrieve, extract or index any portion of the
Site or any Site Content.
14.1.7. You acknowledge that your access to and use of the Services may be restricted or
prohibited by the laws of some countries, and you agree to access and use the Services
only in accordance with applicable laws.

15. Termination and Cancellation

15.1. We reserve the right to terminate your transaction if we find that you have violated any
terms of this agreement. You will be notified by email and an explanation for the termination will
be provided. In addition, FundsCap reserves the right to terminate your account with us at any
time without prior notice.
15.2. We may also terminate your contract or account with us as specified in the provisions of
this Agreement.

16. Our Responsibilities

16.1. Your security when using our website is of paramount importance to us. Therefore, we will
take all reasonable steps to ensure your security when using our website. However, please note
that while we strive to use commercially acceptable means to protect our users, no method of
transmission over the Internet is 100% secure. We cannot guarantee the absolute security of
the website.
16.2. We will make every effort to keep the Website up and running for the Service. However,
there may be times when we need to temporarily suspend the Service for operational reasons,
such as repairs, planned maintenance or upgrades. We promise to restore the Service as soon
as possible after any suspension. We will not be liable for any damages or losses suffered by
users due to the inoperability of the Website.
16.3. If we are unable to perform our promises in these Terms due to circumstances beyond our
reasonable control, including disputes involving our employees, affiliates, partners or a
disruption or halt in trading, we will not be responsible for such circumstances.

17. Disclaimers

17.1. We make no warranty or representation that the Site will meet your specific requirements,
be fit for a particular purpose, compatible with all systems, secure or that all information
provided will be accurate.
17.2.You understand that the financial market is highly volatile and unpredictable, and
thatsimulated negotiationinvolves inherent risks,which may result in the loss of all virtual
funds allocated. Therefore, we do not guarantee specific results from the use of our service.
The services are provided “as is”, and we do not guarantee profit or interest. You use our
service at your own risk, and we will not be responsible for any loss incurred as a result of your
actions outside the scope of the service provided.
17.3. While we strive to ensure that all descriptions of the Services in
www.fundscap.comcorrespond to the actual Services, we are not responsible for any variations
from these descriptions. This disclaimer does not exclude our liability for errors due to our
negligence and relates only to variations of the correct Services, not to entirely different
Services.
17.4. Any past performance and profits mentioned on the website do not constitute a guarantee
or indication of future earnings or trading.
17.5. Although we strive to ensure the security and error-free nature of the website, we cannot
guarantee its absolute security and the absence of viruses or other malicious software. Users
are responsible for their own security, personal data and computer systems. It is your
responsibility to acquire the necessary technical equipment and software, including third-party
software such as the trading platform, at your own risk. We do not guarantee compatibility with
any specific equipment or software.
17.6. Links to third party websites provided on the Website have not been verified or reviewed
by FundsCap Limited. Your use of and access to such third party websites is at your own risk.
17.7. You acknowledge and agree that FundsCap Limited does not operate or control the
trading platform. The terms and conditions, privacy policy and cookie policy of the trading
platform will apply to your transactions on that platform. We recommend that you read the terms
and conditions, privacy policy and cookie policy carefully before using the trading platform.
17.8. The information provided on this website does not constitute investment advice, financial
advice, trading advice or any other form of advice. We do not recommend any trading. All
activities undertaken on the trading platform are your sole responsibility and you will not hold
FundsCap Limited liable for any trading actions.

18. Modification of the Service and These Terms and Conditions
18.1. A FundsCap Limited (www.fundscap.com) reserves the right to change the Site, its
content, any functions or the conditions of the services provided, as well as these Terms and
Conditions, at any time. We will give you reasonable notice of any changes to these Terms and
Conditions, except where we are required by law to make immediate changes. Any changes will
automatically apply to any pending and future transactions you make. By continuing to use the
Site, you will be subject to the updated Terms and Conditions.

19. Limitation of Liability

19.1. To the maximum extent permitted by law, www.fundscap.comshall not be liable for any
direct or indirect loss or damage, whether foreseeable or not, including any indirect,
consequential, special or exemplary damages arising out of the use of the Site, any information
contained therein or the use of our services. Users use the Site, its content and services at their
own risk. We are not responsible for any interruption or unavailability of the Site, third party
services or websites resulting from external causes, including, but not limited to, internet service
provider equipment failure, hosting equipment failure, communications network failure, power
outages, natural events, acts of war or legal restrictions and censorship.
19.2. Unless caused by our negligence and reasonably foreseeable, we will generally not be
liable for:
19.2.1. Any incorrect or inaccurate information on the Site and interruptions or delays in
updating our Site/Service;
19.2.2. Your infringement of any third party Intellectual Property Rights;
19.2.3. Any loss or damage due to viruses or other malicious software that may infect a
user’s computer equipment, software, data or other property, caused by access to, use of or
downloading from the Site or receipt of emails or attachments from www.fundscap.com or
its licensors.

20. Compensation

20.1. You agree to defend, indemnify and hold harmless FundsCap, its employees, directors,
shareholders, from and against any and all claims, suits, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
20.1.1. Your use of and access to our website (www.fundscap.com) and our services;
20.1.2. Your breach of any term or condition of this Agreement, including your breach of any
representations and warranties contained herein;
20.1.3.Your violation of any third party rights, including without limitation any right of privacy
or Intellectual Property Rights;
20.1.4. Your violation of any applicable law, rule or regulation;
20.1.5.Any fraudulent behavior, intentional misconduct or gross negligence.
20.2. The parties guarantee to act in accordance with the principles of good faith in the
execution of the contract and in mutual negotiations and not to harm the good reputation and
legitimate interests of the other party.

21. Non-Waiver

21.1. Any default, delay or omission of any provision of this Agreement by either Party will not
be construed as a waiver of any subsequent breach of the same or other provisions. We
reserve the right to demand any payment omitted or not made by you at any time.

22. Severability of Clauses

22.1. If any provision of this Agreement is held to be invalid or unenforceable, in whole or in
part, the remaining provisions will remain valid and enforceable. The invalid or unenforceable
portion will be severed from the remainder of this Agreement.

23. Dispute Resolution

23.1. In the event that a dispute between a user and FundsCap Limited cannot be resolved
through informal discussion within 14 days of the dispute arising, the parties agree to attempt
mediation and, if mediation fails, to submit the matter to an arbitrator. The decision of the
arbitrator shall be binding. The costs of mediation or arbitration shall be borne by the parties as
determined by the mediator or arbitrator, or in accordance with applicable law, with the rules of
defeat prevailing in the event of no agreement between the parties.
23.2. This does not prevent either party from seeking immediate redress in cases of imminent
harm, initiating legal proceedings, or exercising other rights and remedies available to it in the
event of a breach of this Agreement.

24. Previous Terms and Conditions

24.1. In the event of any conflict between these Terms and Conditions and any prior versions, or
any version of the Responsible Trading Policy, the provisions of these Terms and Conditions
shall prevail, unless expressly stated otherwise.

25. Third Party Rights

25.1. These Terms and Conditions do not confer any rights on any third party. The agreement
created by these Terms and Conditions is between you and FundsCap Limited.

26. Law and Jurisdiction

26.1. These Terms and Conditions and the relationship between you and FundsCap Limited
shall be governed by and construed in accordance with the laws of Ireland. You agree to submit
to the exclusive jurisdiction of the courts of Ireland,without prejudice to the legal provisions
applicable at the consumer’s domicile, when these are of public order and binding.

27. Entire Agreement

27.1. These Terms, the Privacy Policy, the Refund Policy and any other agreements contained
on the Site or agreed to by the parties constitute the entire agreement between you and
FundsCap Limited.

28. How to Contact Us

28.1. If you have any questions about our company Terms and Conditions or would like to
exercise any of your data protection rights, please do not hesitate to contact us using the
contact details provided on this website or by email: [email protected].