Terms and Conditions

1. Welcome to APEX Proprietary Fund
1.1 Funding Launch L.L.C-FZ trading as APEX Proprietary Fund (the “Company”) provides you (“you” or the
“Trader”) with a limited license to use the services (the “Services”) offered by the Company, subject to the terms
and conditions contained herein (the “Agreement”).
1.2 This Agreement is a legally binding contract, and you must read it before accessing or using the Services offered
by the Company. By using the Services, you agree to the terms and conditions contained within this Agreement.
1.3 The Company reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time
and at its sole discretion. If the Company replaces, modifies, or amends this Agreement, your continued use of the
Services after the change’s Effective Date will constitute your agreement to any modifications or amendments.
2. Trader Representations
2.1 By using the Services, you represent that you are at least eighteen (18) years old, of sound mind, and have the
capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Services on
behalf of a business entity or other third-party, you represent that you have the authority to act as an agent of that
entity or third-party and have the right and ability to bind them to the terms of this Agreement.
2.2 You represent that your use of the Services does not violate any law, regulation, ordinance, statute, or treaty
applicable to individuals or business entities in your jurisdiction. You further represent that you are not prohibited
from entering into this Agreement by any preexisting agreement.
3. Limited License
3.1 The Company provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and
royalty-free license to use the Services for their intended purposes. You are expressly prohibited from scraping,
framing, hacking, reverse engineering, crawling, or aggregating the Services or the Company Website, in whole or
in part, without the prior written consent of the Company.
3.2 You acknowledge and agree that your limited use of the Services does not entitle you to any license or
intellectual property rights to any technology, intellectual property, copyrights, trademarks, or trade secrets of the
Company or any third-party contractor. You agree that your use of the Services is limited by the terms of this
Agreement and that you will not use the Services in any manner not expressly authorized by this Agreement. The
Company reserves all rights not expressly granted through this Agreement.
3.3 This license is revocable at any time, and any rights not expressly granted in this Agreement are reserved by the
Company.
4. Prohibited Uses
4.1 You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty,
whether local, state, provincial, national, or international, or to violate the rights of a third party, including but not
limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights.
4.2 Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to,
aggregating, hacking, performing denial of service (DOS) attacks on, reverse engineering, or circumventing
technological protection measures of the Services or the Company website.
4.3 You are also prohibited from using the Services or the Company website to transmit unsolicited commercial
emails to third parties or Traders of the Company. While the Company is not responsible for any such content
posted by its Traders and does not have an affirmative obligation to monitor such content, it reserves the right to
remove them.
4.4 You are prohibited from using any trading strategy that is expressly prohibited by the Company or the Brokers it
uses. Such prohibited trading (“Prohibited Trading”) includes, but is not limited to:
• Exploiting errors or latency in the pricing and/or platform(s) provided by the Broker.
• Utilizing non-public and/or insider information.
• Front-running of trades placed elsewhere.
• Trading in any way that jeopardizes the relationship that the Company has with a broker or may
result in the canceling of trades.
• Trading in any way that creates regulatory issues for the Broker.
• Utilizing any third-party strategy, off-the-shelf strategy, or one marketed to pass challenge
accounts.
• Utilizing one strategy to pass an assessment and then utilizing a different strategy in a funded
account, as determined by the Company at its discretion.
• Entering into an Equity CFD at or near the end of the trading day with the intent of profiting from
the market gap between when the market closes and reopens on the subsequent trading day, as determined by the
Company at its sole discretion.
• Attempting to arbitrage a challenge account with another account with the Company or any third
party company, as determined by the Company at its sole discretion.
4.5 If the Company detects that your trading constitutes Prohibited Trading, your participation in the program will
be terminated, which may include the forfeiture of any fees paid to the Company. Additionally, before any Trader
receives a funded account, the trading activity will be reviewed by both the Company and the Broker to determine
whether such activity constitutes Prohibited Trading. In the case of Prohibited Trading, the Trader shall not receive a
funded account.
4.6 The Company reserves the right to disallow or block any Trader from participating in the program for any
reason, at its sole discretion.
5. Education
5.1 The Company does not provide any trader education. The intent of the Company is to identify individuals with a
talent for trading. No live trading is provided directly by the Company. Traders who pass an assessment offered by
the Company shall be allocated capital to trade in a live account under the terms of an agreement with APEX
Proprietary Fund.
5.2 Although the Company may provide data, information, and content relating to investment approaches and
trading opportunities, such data, information, and content are provided solely for general informational and
educational purposes. The Company does not invite the Trader to take any action based on any information and
materials provided by the Company; you should not construe any such data, information, or content as investment,
financial, tax, legal, or other advice.
5.3 The Company does not make any representations that any data, information, and content on the Company
website are accurate or complete. You alone will bear the sole responsibility of evaluating the merits and risks
associated with using any such data, information, and content. As such, you agree not to hold the Company liable for
any claims of damages that may arise from any decision that you make based on the use of data, information, and
content on the Company website.
5.4 While the Company does not provide you with the opportunity to invest actual currency, the Company wants to
make sure you understand the risks involved with traditional investing. You should be aware that the risk of trading
and investing is high and substantial. It can work for you as well as against you. It may or may not lead to
substantial losses. Additionally, past performance is not indicative of future results.
5.5 You should carefully consider whether trading and investing are right for you, depending on your investment
objectives, level of experience, and risk appetite. If you are unsure, you should consult with a financial advisor
and/or tax advisor.
6. Account Creation
6.1 To register as a Trader, you may be asked to provide personal information, including, but not limited to, your
name, email address, mailing address, phone number, date of birth, and a username and password for an account
unique to you. The information provided is subject to the Company’s privacy policy accessible here.
6.2 The account will be personal to you, and you cannot share it with anybody else. You also may not purchase an
account on behalf of a third party or have an account purchased for you by a third party. You will be responsible for
maintaining the confidentiality of your username and password. If you suspect that your account has been breached,
you must immediately notify the Company.
6.3 Traders are limited to one active account per challenge level, absent prior written approval.
7. Purchases and Refunds
7.1 The Company may provide products, services, subscriptions, or access to certain portions of the Company’s
website at a monetary cost. Prices and availability are subject to change without notice. The Company may allow for
such purchases within its website or via a white-label affiliate. It is your responsibility to thoroughly read and
understand any such terms and conditions.
7.2 By making any such purchases, you agree that the Company has no responsibility and acquires no liability for
any claim related to your purchases.
7.3 Upon paying the fee for any Challenge program, the Customer will receive login data. By executing the first
trade, the Customer acknowledges and agrees that the Provider completes the Services before the withdrawal period
ends, waiving the right to contract withdrawal.
7.4 There are no refunds on any Services purchased from the Company. If you, as a purchaser, are deemed “high
risk” by our payment processors, we may require you to provide additional documentation or information in order to
proceed with the challenge. Failure to provide the requested documentation and information within twenty-four (24)
hours of the request may result in your use of and access to the Services being revoked. The documentation and
information supplied do not guarantee that this status will be revoked and may still be subject to ineligibility.
8. Guidelines
8.1 The Company will display the guidelines associated with the Services on the Company’s website and via email
upon becoming a Trader. These guidelines, which may change from time to time at the Company’s sole discretion,
are incorporated in whole into this Agreement. The Company makes no promise, guarantee, or warranty, express or
implied, as to any promise of future employment as a trader, monetary payments, or any other type or kind of
compensation or award for your performance as a Trader.
9. Trademarks
9.1 You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the
Company website by the Company are common law or registered trademarks owned by or licensed to the Company.
You are expressly prohibited from using the trademarks of the Company to cause confusion, cause mistake, deceive
consumers, or falsely designate the origin, source, or sponsorship of your goods or services. You are further
prohibited from using the trademarks of the Company in domain names, keyword advertisements, trigger keyword
advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their
respective owners.
9.2 You acknowledge and agree that the Company’s website, its suppliers, and licensors expressly reserve all
intellectual property rights in all text, programs, products, processes, technology, content, and other materials that
appear on the Company’s website. Access to this website does not confer and shall not be considered as conferring
upon anyone any license under any of the Company’s or any third party’s intellectual property rights. All rights,
including copyright, in this website are owned by or licensed to us or third-party suppliers. Any use of this website
or its contents, including copying or storing it or them in whole or part, other than for your own personal, non
commercial use, is prohibited without the permission of the Company. You cannot modify, distribute, or re-post
anything on this website for any purpose.
9.3 The Company names and logos and all related products and services and our slogans are the trademarks or
service marks of the Company or licensed to the Company. All other marks are the property of their respective
companies. No trademark or service mark license is granted in connection with the materials contained on the
Company website. Access to the Company website does not authorize anyone to use any name, logo, or mark in any
manner.
9.4 All materials, including images, text, illustrations, designs, icons, photographs, programs, audio clips or
downloads, video clips, and written and other materials that are part of this website (collectively, the “Contents”) are
intended solely for personal, non-commercial use. No right, title, or interest in any downloaded materials or software
is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted
above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of,
or exploit in any way, in whole or in part, any of the contents, the Company website, or any related software. All
software used on the Company website is the property of the Company or its suppliers and is protected by the laws
of the United States of America. Any other use, including the reproduction, modification, distribution, transmission,
republication, display, or performance of the contents on the Company website is strictly prohibited. Unless
otherwise noted, all contents are copyrights, trademarks, and/or other intellectual property owned, controlled, or
licensed by the Company, one of its affiliates, or by third parties who have licensed their materials to us and are
protected by the laws of the United States of America. The compilation (meaning the collection, arrangement, and
assembly) of all contents on the Company website is the exclusive property of the Company and is also protected by
the laws of the United States of America.
10. Disclosure Statement
10.1 Before deciding to participate in financial markets, you should carefully consider your investment objectives,
level of experience, and risk appetite. Most importantly, do not invest money you cannot afford to lose.
10.2 There is considerable exposure to risk in any over-the-counter transaction, including, but not limited to,
leverage, creditworthiness, limited regulatory protection, and market volatility that may substantially affect the price
of the products you are trading.
10.3 Moreover, the leveraged nature of over-the-counter trading means that any market movement will have an
equally proportional effect on your funds. This may work against you as well as for you.
10.4 There are risks associated with utilizing an Internet-based trading system, including, but not limited to, the
failure of hardware, software, and Internet connection. The Company is not responsible for communication failures
or delays when trading via the Internet. The Company employs backup systems and contingency plans to minimize
the possibility of system failure.
11. Term and Termination
11.1 The term of this Agreement will begin when you purchase a Service offered via the Company and will continue
until either the Company terminates your access to the Services or you stop using the Services.
11.2 The Company reserves the right to terminate the Services or your access to the Company website at its sole and
absolute discretion and without prior notice.
12. Disclaimer of Warranties and Limitation of Liability
12.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND COMPANY WEBSITE ARE
PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A
PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW,
YOU ACKNOWLEDGE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR
ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO
INFORMATION ON THE WEBSITE AND YOUR USE OF OR ACCESS TO THE SERVICE OR THE
COMPANY WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES,
CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES,
EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR
OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR
DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND/OR THE COMPANY
WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY’S LIABILITY IS LIMITED TO THE
AMOUNT THAT YOU PAID TO USE THE SERVICES OR $1,000, WHICHEVER IS LESS.
13. Indemnification
13.1 You agree to indemnify, defend, and hold harmless the Company, its officers, shareholders, directors,
employees, subsidiaries, affiliates, white label users, and representatives from any and all losses, including, but not
limited to, costs and attorneys’ fees arising out of or related to your use of the website; your violation of any term or
condition of this Agreement; your violation of the rights of third parties, including but not limited to intellectual
property rights or other personal or proprietary rights; and your violation of any law, statute, ordinance, regulation,
or treaty, whether local, state, provincial, national, or international.
13.2 Your obligation to defend the Company does not provide you with the ability to control the Company’s
defense. The Company reserves the right to control its defense, including its choice of counsel and whether to
litigate or settle a claim subject to indemnification.
14. Litigation
14.1 You acknowledge and agree that any controversy or claim arising out of or related to this Agreement, including
any claim or controversy concerning the interpretation of this Agreement or your use of the Services, will be settled
by the laws of the United Arab Emirates.
15. Force Majeure
15.1 The Company shall not be liable to the Trader for any claims, losses, damages, costs, or expenses, including
attorneys’ fees, caused directly or indirectly by any events, actions, or omissions, including, without limitation,
claims, losses, damages, costs, or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection,
international intervention, governmental action (including, without limitation, exchange controls, forfeitures,
nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any
relevant person, or any delay, disruption, failure, or malfunction of any transmission or communication system or
computer facility, whether belonging to the Company, Trader, or third-party service provider.
16. Survivability
16.1 The representations, warranties, duties, and covenants made by you under this Agreement will survive the
termination of this Agreement or the Services, including, but not limited to, your duty to indemnify and defend the
Company.
17. Severability
17.1 If any term or condition of this Agreement is deemed invalid or unenforceable by a court of competent
jurisdiction, the remaining terms and conditions of this Agreement will remain in full force and effect.
18. Interpretation
18.1 This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this
Agreement will not be interpreted against its drafter.
19. Assignment
19.1 You are expressly prohibited from assigning your rights and duties under this Agreement. The Company
reserves the right to assign its rights and duties under this Agreement, including in a sale of the Company or its
Services.
20. Waiver
20.1 No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or
consented to unless said waiver is in writing and signed by the party to be charged.
21. Entire Agreement
21.1 This Agreement contains the entire agreement between the Company and the Trader regarding the use of the
Services and supersedes all prior understandings, agreements, or representations between the Company and the
Trader, whether written or oral.
For any inquiries or concerns, please contact us at [email protected].