1. Introduction

1.1. These Terms and Conditions govern your use of the website (www.fundscap.com) and the services provided by FundsCap Limited (“we”, “us” or “our”). By using the Website and our services, you agree to comply with and be bound by these Terms and Conditions. 
 
1.2. You should read these Terms and Conditions carefully before using the Website and our services. If you do not agree to be bound by these Terms and Conditions, you must immediately discontinue use of the Website. 
 
1.3. This Agreement applies to both users and potential users of our website. The terms “you”, “your” and “user” refer to users and potential users of the website. The terms “we”, “us”, “our” and “company” refer to FundsCap Limited. The term “Service” refers to the services provided by us. The terms “Parties” and “Party” refer to both users and us, or the user or ourselves, respectively. All terms are considered interchangeable and include the singular, plural, capitalization, and pronouns. 
 
1.4. This Agreement is subject to change and any updates will be effective upon posting on our website. Additional terms or guidelines that are posted, applicable to specific services or information on the Site, are incorporated into this Agreement. 

2. Age Restriction

2.1. This Site is offered and available to users who are 18 years of age or older. By agreeing to these Terms and using our service, you represent that you are of legal age to use the website. 
 
2.2. This age restriction may vary from country to country. By using this Site and our app, you represent and warrant that you are of legal age in your jurisdiction or country to enter into a binding contract and meet all of the above eligibility requirements. 

3. Unauthorized access

3.1. It is unlawful to attempt to gain unauthorized access to this Website, its servers, or any computer or database connected to this Website. You must not attack this website via a denial-of-service attack or a distributed denial-of-service attack. By violating this provision, you will be committing a crime. In the event of such a breach, your right to use this Site will cease immediately. We will report any violation to the appropriate law enforcement authorities. 
 
3.2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or your downloading of any material posted on it or on any website linked to it. 

4. Our Services/Processes

4.1. The FundsCap (www.fundscap.com) website provides trading analytical tools that can be used by users as an educational tool or as an ancillary service. 

4.2. Fundscap is not a broker and does not have a license for the MetaTrader platform. 

4.3. You acknowledge that any trading you make through the Service is not real. The funds provided to you during Step 1 and Step 2 are simply for trading in a non-executable live trading account and you have no rights beyond the scope of their use within our service. You are not entitled to these funds, and they will not be used for actual trading. Unless expressly agreed otherwise and in conjunction with our Funded Trader Agreement, you will not receive any remuneration or profit based on the results of your simulated trade, nor will you be required to pay any losses. 

The services offered by FundsCap are not intended for residents of the U.S., Iran, and North Korea, officially the Democratic People’s Republic of Korea, nor may they be used by any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. 

4.4. By registering with FundsCap, the client acknowledges and agrees to provide accurate personal information as necessary for the creation of the account. In accordance with the requirements and FundsCap may request “Know Your Customer” (KYC) documentation to verify the accuracy of the information provided. 

The client understands that FundsCap reserves the right to carry out additional due diligence at any time during the business relationship. This may cover a range of verification measures, including but not limited to the submission of supplementary documentation, participation in video verification or consultation via approved virtual meeting platforms, and any other procedures necessary to ensure compliance with applicable laws and regulations, as well as to maintain the integrity of the trading account. 

FundsCap may also implement simplified or enhanced due diligence protocols based on the assessed risk associated with the client’s profile, transaction, or trading activity. Such measures aim to provide a tailored approach to compliance, ensuring that both basic and complex risk factors are adequately addressed. 

The customer acknowledges that failure to comply with these verification and due diligence requests may result in account restrictions, suspension of services or, in severe cases, termination of the business relationship. By agreeing to these terms, the customer understands that these measures are implemented. 

5. Application Process

5.1. To order the service, you must first register and access the dashboard. the user can choose to open a new account, either a 1/2 Step Challenge account or an Instant Funding account. 

 
5.2. Upon successful purchase of a new account, your account details will be accessible via the dashboard and by email. 
 
5.3. You can download the trading platform from the dashboard. 

6. FundsCap Account

6.1. FundsCap will provide you with access to a trading account called a “FundsCap Account” as part of the Services. The FundsCap Account will be activated when you make your first trade.6.2. Access to the FundsCap Account and the Trading Platform is protected by login details provided by FundsCap via the Client Dashboard or by email.6.3. It is strictly forbidden to share or provide the login data of your FundsCap Account, Trading Platform, or Client Dashboard to any third party. You are solely responsible for safeguarding your login details, FundsCap Account and all activities conducted through your account or the Trading Platform. FundsCap shall not be held liable, and you shall not be entitled to any compensation for, any misuse of your FundsCap Account, Trading Platform, or any part of the Services resulting from factors beyond the control of FundsCap.6.4. You acknowledge that the Trading Platform is provided by a third party. Use of the Trading Platform is subject to the contractual terms, conditions, and privacy policy of the provider.6.5. You are responsible for providing accurate, complete, and up-to-date data to FundsCap. In the event of changes to your data, you must notify FundsCap immediately from your registered email address and provide supporting documents, if applicable. It is your responsibility to ensure the accuracy and timeliness of the data provided, and FundsCap is not obliged to verify it.6.6. The availability of the FundsCap Account and Services may be interrupted by maintenance, updates, technical errors, or other reasons. FundsCap will not be held liable, and you will not be entitled to any compensation:6.6.1. the unavailability of the FundsCap Account, Dashboard or Trading Platform;  

6.6.2. for any damage to or loss of data or other content uploaded, downloaded, or saved through your FundsCap Account, Dashboard, or Trading Platform; 6.6.3. or by any interventions or changes made by FundsCap to your FundsCap Account upon your request.6.7. Automatic compensation is not guaranteed, and the decision to provide compensation, if any, is at the sole discretion of FundsCap, subject to the limitations of liability set forth in Section 11.6.8. In order to use the Services, you must have the necessary technical equipment (e.g., smartphone, laptop, or desktop computer) and the software, including any necessary third-party software (e.g., software or operating system to use the Trading Platform), at your own risk.6.9. FundsCap does not guarantee the compatibility of the Services with any particular equipment or software. FundsCap makes no warranty as to the compatibility of the Services with any device, program, or add-on. 

7. Responsible Trade Policy

7.1. At FundsCap, we do not support traders who attempt to game the system or engage in all-or-nothing trading, such as gambling. Therefore, we have implemented a Responsible Trading Policy that all traders must abide by. 
 
7.2. Prohibited actions include: 

(a) High-frequency trading (HFT), arbitrage, straddling, copy trading of FundsCap accounts of different ownership or manual signal/mirroring, strategies that exploit price feeding errors, delays, or platform inefficiencies are strictly prohibited. 

(b) Excessive leverage, excessive exposure, one-sided betting, account rollover or any form of excessive leverage that creates abnormal risk is not permitted. 

(c) Coverage of multiple accounts is strictly prohibited. 

(d) Hiring account managers or using external services to pass the challenge is prohibited. 

(e) Any form of collusion, including conducting compensatory trades on multiple accounts, synchronized trading, shared login credentials, or reverse trading, is prohibited. 

(f) It is prohibited to conduct trades in contradiction with the way trades are to be conducted in the financial markets, or in a manner that causes financial loss to FundsCap. 

(g) If no trades are made for 15 consecutive days, the account will be closed without refund. 

(h) If there is any suspicion of irregularity, our risk team will make a detailed analysis of the negotiations carried out, including checking the CIDs and IPs used. 

 
7.2 Daily Reduction Rule 

(a) Daily withdrawal limits restrict the amount of loss that can be incurred in a trading day. 

(b) The daily withdrawal is measured as a percentage of the closing balance of the previous trading day. 

(c) At 22:00:00 each day, the daily withdrawal limit is recalculated. 

 
7.3 Maximum Drawdown Rule 

(a) The maximum withdrawal rule limits the overall losses of the initial account balance. 

(b) The maximum drawdown is monitored in real-time and shall not exceed the percentage specified below. 

 
7.4 Stop Loss Rule 

(a) Traders must set a stop loss within sixty (60) seconds of trade execution. 

(b) If no stop loss is set, the trade will be automatically closed. 

(c) Failure to place a stop loss within sixty (60) seconds automatically violates the account rule. 

(d) In case the trader violates the rule in question, he will have up to two opportunities to meet the consistency criteria through the soft rules on the PRO and Instant accounts. 

(d) On Starter accounts, the trader will have up to 4 chances to meet the consistency criteria through the soft rules. 

(d) Trades closed below (60) seconds without a stop loss will automatically be classified as “not eligible”. 

7.4.1 Results 

(a) Challenge Accounts / Unlimited FundsCap: Rule not mandatory. 

(b) Instant Funding/FundsCap Pro and Funded Starter: Automatic violation, account will be closed with no refund. 

 
7.5. Inactivity Rule 

(a) The accounts must remain active. 

(b) If no trading activity occurs for fifteen (15) consecutive days, the account will be closed without refund. 

7.6. Stacking trades 

(a) Stacking trades must not exceed 3 same command and symbol. 

(b) The maximum allowed soft breaches is 1 

7.7. Trade open duration  

(a) Trade open duration must be exceed 30 seconds. 

7.8. Profitable trading days 

(a) Profitable trading days must exceed or equal 7 days, with profit 0.1% of initial balance daily. 

7.9. Eligible trades 

1. Number of eligible trades must exceed 10 trades. 

1. The negotiation is considered eligible if it meets items 7.4, 7.7 and 10.2 

FundsCap reserves the right to close any accounts in respect of which there is reasonable suspicion of wrongdoing. No refunds will be issued in such cases. 

8. Challenge Accounts 

8.1. Rates 

1. Challenge accounts are available in 2-step format or Instant format and are available in USD. The size and fees of the account are fixed and will be charged in the chosen currency. 

1. This is a one-time fee and will be refunded along with the first withdrawal, as long as it is requested within 30 days and the account has been manually approved, without the use of approval technologies, including any EAs. 

1. One-time fee refund is only available for accounts in 2-step format. 

8.2. Objectives 

1. During each step of the 2-step format Challenge, the trader’s goal is to achieve the specified profit target without violating any rules set forth in Section 7. 

1. Upon reaching the profit target with all positions closed, the Client can click on “Progress to the next phase” on his dashboard. Your account will then be reviewed to ensure that your trades are in accordance with all the rules in Section 7, and in case of success, it will advance to the next phase. 

1. Instant funding accounts have no phases or profit targets; they simply cannot violate any rules set out in Section 7. 

8.3. Withdrawal of Virtual Profits 

(a) Upon reaching funded status, the Client can withdraw virtual profits. Please note that the minimum withdrawal amount is $25. 

(b) If the Client’s account is closed due to the breach of any rules in Section 7, he will not be entitled to claim any unwithdrawn winnings. 

(c) The Virtual Profit Split rate depends on the account type and may also vary depending on the application of any coupon codes. The standard Profit Sharing rates can be seen below: 

(d) Instant accounts may withdraw a maximum of 2% of the initial balance per withdrawal request. 

(e) Customers will have 7 days after the analysis of the withdrawal request to manifest via e-mail, any questions related to the respective analysis.  

(f) All orders placed will be approved within 48 hours and paid within 48 hours after approval. 

 
 
8.4. Account sizing 

1. After making profits, the Client can request to exchange virtual profits to scale their account by increasing the account capital or their Virtual Profit Split Rate.  

1. If the trader chooses to scale, he understands that he will lose the entire profits exchanged, as these cannot be withdrawn. 

1. If the trader wishes to withdraw the profits earned above the target scale, he must request withdrawal BEFORE requesting sizing to avoid losing the excess profits. The scale plan can be seen below: 

1. Unlimited accounts can scale up to $100,000. The scale plan can be seen below: 

8.5. Free Accounts 

(a) All accounts provided free of charge by FundsCap must be manually approved, and the use of EA’s is not permitted. 

9. Payments

9.1. Fees for FundsCap Accounts vary depending on the user’s selection and other factors such as the amount of initial capital and the type of account chosen.9.2. However, we reserve the right to provide our services under different conditions 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 in 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 promotion or discount/voucher period ends, you will be charged the standard price of the product. We reserve the right to terminate any discounts or promotions at any time without notice.9.3. Fee payments are accepted in the currency selected by the user. If payment is made in a currency not available on the Website, 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 in paying the fees through the selected payment service provider. The user agrees to make the 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, phone 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 charges 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 from illegal activities, please be aware that third-party payments are not available. The payment method details must match the Know Your Customer (KYC) and withdrawal details provided. 

10. Consistency Rules

The consistency rules described aim to identify traders who demonstrate discipline, risk control and performance over time. 

1. Floating loss Ratio  

1. The floating Loss ratio refers to the percentage of unrealized losses on a trading account relative to the total capital or equity. It measures how much of the account’s value is currently at a loss, but the loss hasn’t been realized yet (the position hasn’t been closed).  

1. This ratio helps traders assess the current risk exposure of their open positions. 

Exemple:  

Let’s say you have a trading account with a capital of $100,000. 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 capital: $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 moment, you would realize a $3,000 loss. 

1. Lot Consistency 

1. The Lot Consistency Withdraw 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. Within the payout cycle active days for 15 days, Trader A continues to trade with lot sizes with average lot 1.5 lot, and the threshold of the lot consistency is top 2 times, and button 0.5 times, 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 withdrawal, as they have maintained lot consistency within the allowable deviation and met the trade frequency requirement. 

1. Trade value score 

(a) This rule ensures that no single trade represents more than 33% of the total profit earned during the valuation period. (b) 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) 

Value Trade Score: 

(1,650 ÷ 5,000) × 100 = 33% 

Result: The account is ineligible for withdrawal. 

1. Soft rules 
    

1. Soft rules are less strict guidelines, which do not result in automatic failure or disqualification should the trader break them. Thus giving a new opportunity to the customer. 

1. In the event that a Soft Rule is violated, the trade in question will be automatically terminated. 

1. Soft rules can offer one, two, or four opportunities depending on the type. 

1. Profit Rule and Monthly Salary 

1. Clients are entitled to a monthly salary equivalent to 1% of their current Capital allocation. This payment occurs every 30 days. 

1. To access this salary, customers must have an Unlimited account with a balance of $100,000.00 and have calculated at least 6% profit in the period. 

1. Refund and cancellation policy 

11.1 Payments made on this website are final and there is no right to a refund. The fees paid on the website are for access to the FundsCap Funding challenge or the services provided by it. 

11.2 Notwithstanding the provisions of clause  

11.3. The User may request the cancellation of the service or terminate the contract within 7 days from the place of the order, without the need for justification, 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 you 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 KYC VERIFICATION. IF THE USER DOES NOT COMPLETE IT, THE USER WILL NOT BE ENTITLED TO A REFUND UNDER THIS CLAUSE. 

11.4 If a user chooses to cancel their account after trading on it or fails to comply with the conditions of FundsCap 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. 

11.5 In the event of defective service, where we are unable to deliver it as promised, you must notify us immediately of the defective service. Once informed, we will attempt to correct the faulty service within 30 days of receiving the complaint. If we are unable to correct the service after the mentioned 30 days, you may terminate the contract by emailing [email protected] or requesting a reasonable discount. If you choose to withdraw from the contract, we will refund any fees already paid. 

11.6 You must not unreasonably dispute a fee or payment made by means of chargeback, dispute services or other similar methods. If you make such an illegitimate claim for a refund or cancellation (e.g., through chargeback services, dispute services, or other similar services), we reserve the right, in our sole discretion, to cancel 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 they find this to be true, we will flag and blacklist that user so that they can no longer use our services. 

12.2 In the event of any claim 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 with any investigations, including providing you with all relevant details about you, card authentication and any communications through or relating to the Website and the services previously requested. 

13. Intellectual property 

13.1 Subject to other terms of these Terms and Conditions, all Content included on the Website, 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 reuse material on the Site unless otherwise indicated on the Site or unless we have express written permission to do so. 

13.2 FundsCap grants you a limited, non-exclusive, non-transferable, non-transferable, 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 the use of this information to third parties without the express written consent of FundsCap 

14. Use of this website 

14.1. When using the website and our services, you must adhere to the following rules: 

(a) Your means of identification must not violate these Terms and Conditions or any applicable laws. (b) You must politely communicate with our staff when contacting them and refrain from using profanity or making racist, sexist or threatening comments towards them. (c) You shall 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. (d) You must not use our website or services for illegal activities. (e) 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. (f) You shall not use any robot, spider, website search/retrieval application, or other automated devices, processes, or means to access, retrieve, extract, or index any portion of the Site or any Site Content. (g) 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 breached 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 notice.15.2. We may also terminate your agreement or account with us as specified in the provisions of this Agreement. 

16. Our Responsibilities 

15.1. Your security when using our website is of the utmost importance to us. Therefore, we will take all reasonable steps to ensure your safety while using our website. However, please note that while we strive to use commercially acceptable means to protect 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 Site running for the Service. However, there may be instances where 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 deliver on our promises in these Terms due to circumstances beyond our reasonable control, including disputes involving our employees, affiliates, partners or a stoppage or interruption of trading, we will not be liable for such circumstances. 

17. Disclaimers 

17.1. We make no warranty or representation that the Website 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 there is a risk of total loss of any initial capital. Therefore, we do not guarantee any specific results from the use of our service. The services provided are “as is” and we do not guarantee any profit or interest. You use our service at your own risk, and we will not be liable for any loss incurred as a result of your actions outside of the service provided.17.3. While we strive to ensure that all descriptions of the Services in www.fundscap.com match the actual Services, we are not responsible for any variations of 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 entirely different Services.17.4. Any past performances and profits mentioned on the website do not constitute a guarantee or indication of future earnings or trades.17.5. While we strive to ensure the security and error-free of the website, we cannot guarantee its absolute security and absence from viruses or other malware. Users are responsible for their own security, personal data, and computer systems. It is your responsibility to purchase 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, conditions, privacy policy, and cookie policy of the trading platform will apply to your transactions on that platform. We recommend that you carefully read the terms and conditions, privacy policy, and cookie policy 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 negotiations. All activities carried out on the trading platform are at your sole risk, and you will not hold FundsCap Limited liable for any trading actions. 

18. Modification of the Service and these Terms and Conditions 

18.1. FundsCap Limited (www.fundscap.com)  reserves the right to change the Website, 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 be automatically applied 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 fullest extent permitted by law, www.fundscap.com shall 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 Website, 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, ISP equipment failure, host equipment failure, communication network failure, power failure, 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: (a) any incorrect or inaccurate information on the Website and interruptions or delays in updating our Website/Service; (b) the infringement by you of any Intellectual Property Rights of any third party; (c) 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 accessing, using, or downloading the Site or receiving e-mails or attachments from www.fundscap.com or its licensors. 

20. Indemnification 

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 debts and expenses (including but not limited to attorneys’ fees) arising from: 

 
(a) your use of and access to our website (www.fundscap.com) and our services; (b) your breach of any term or condition of this Agreement, including your breach of any representations and warranties contained herein; (c) your violation of any rights of any third party, including, without limitation, any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) any fraudulent behaviour, intentional misconduct or gross negligence. 
 
20.2. The parties guarantee to act in accordance with the principles of fair dealing 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. No Waiver 

21.1. Any default, delay or omission of any provision of this Agreement by either Party shall 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 

22.1. If any provision of this Agreement is held to be invalid or unenforceable, in whole or in part, the remaining provisions shall 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 after it occurred, the parties agree to attempt mediation and, in the event that mediation fails, submit the matter to an arbitrator. The arbitrator’s decision shall be binding. The costs of mediation or arbitration will be borne by the party filing the claim. 
 
23.2. This does not prevent either party from seeking prompt redress in cases of imminent harm, bringing legal proceedings, or exercising other rights and remedies available to them in the event of a breach of this Agreement. 

24. Previous Terms and Conditions 

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

25. Rights of third parties 

25.1. These Terms and Conditions do not confer any rights on third parties. 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 the country. 

27. Entire Agreement

27.1. These Terms, the Privacy Policy, the refund policy and any other agreements contained on the Website 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’s Terms and Conditions or would like to exercise any of your data protection rights, please do not hesitate to contact us via the contact details provided on this website or by email [email protected].