Funded Account Terms & Conditions
These Terms and Conditions (the “T&C”) govern rights and responsibilities in connection with the use of services provided by KOT Ltd. for funded accounts trading (the “Services”), offered mainly through the website or affiliate site (the “Website”). Customers are under no obligation to use the Services if Customer does not agree or understand any portion of these T&C, nor should Customer use the Services unless Customer understands and agrees to these Terms.
Introduction to Services
1.1. These T&C govern Customer (“Customer”) rights and obligations in connection with the use of the Services provided by KOT Ltd. with its registered office in the British Virgin Islands (‘’Company”).
1.2. By registering on the Website or, where registration is not required, not later than by Customer-first use of the Services. By accepting these Terms & Conditions the Customer expresses his/her agreement to these T&C.
1.3. The Services are only intended for persons over the age of 18 residing in a country for which the Services are available. By registering on the Website, the Customer confirms that he/she is over 18 years of age. If the Customer is under 18 years of age, the Customer may not use the Services. The customer undertakes to access the Services solely from one of the countries for which the Services are available.
1.4. The services provided by the Company give access to the Customer to a simulated trading account. The Customer acknowledges that any trading that he/she performs through the Services is not real. The customer acknowledges that the funds provided for demo trading are not real and that he/she has no right to possess those funds beyond the scope of their use within the Services, and in particular that they may not be used for any actual trading and that the Customer is not entitled to the payment of those funds, and will not be paid any compensation or gains based on the results of the simulated trading, nor will be required to pay any losses. Furthermore, The Services include the subsequent potential access to trade a KOT Ltd. Get Funded Account upon successful completion of the challenge.
2.1. Customer can order the Services through the Website by completing the appropriate Order form. After registration, we will send via e-mail to the Customer the login details for the Trading Platform and allow the Customer to access it.
2.2. The Services include the KOT Ltd Evaluation Challenge that consists of Evaluation Stage (Stage1), Verification Stage (Stage 2) and Get Funded (Stage 3).
2.3. With the Evaluation Stage (Stage1), the Customer may use some of the Services within a limited scope and for a limited period free of charge. Completing the Evaluation Stage does entitle the Customer to access the Verification Stage (Stage2).
2.4. Verification Stage (Stage 2) Customer may use some of the Services within a limited scope and for a limited period of time. Completing the Verification Stage does entitle the Customer to access the Get Funded Stage (Stage 3).
2.5. All data that Customer provides to us through the registration or order form, or otherwise must be complete, true, and up to date. Customer must immediately notify us of any change in his/her data. The Customer is responsible for all the provided data being accurate and up to date; the Company may verify the data.
2.6. Customer acknowledges that if Customer is a legal entity, the Customer will be considered as a Corporate (trader).
2.7. The fee for the KOT Ltd. Evaluation Challenge varies according to the option selected and depends on the amount of the initial capital, the degree of the acceptable risk, the parameters that must be satisfied so that the conditions of the KOT Ltd. Evaluation Challenge and the subsequent Verification are met, and possibly other requirements. More detailed information on individual options and fees for those options are provided on our Website The final fee will be determined based on the option Customer selects when completing the form for ordering the KOT Ltd. Evaluation Challenge.
2.8. Upon payment of the established fee, the Customer is granted access to the Evaluation Challenge” The Customer is not entitled to a refund of the fee, including but not limited cases when the Customer cancels the participation and requests the cancellation by e-mail, when the Customer terminates the use of the Services prematurely (e.g. fails to complete the KOT Ltd. Evaluation Challenge or the Verification), fails to meet the conditions of the KOT Ltd. Evaluation Challenge or the Verification, or violates these T&C.
2.9. If the Customer lodges an unjustifiable complaint regarding the paid fee or disputes the paid fee with the Customer’s bank or payment service provider, on the basis of which cancellation or refund of the fee or any part thereof is requested, the Company has a right, at its own discretion, to stop providing to the Customer any services and refuse any future provision of any services.
2.10. Customer’s choice of the option of the KOT Ltd. Evaluation Challenge when making an order shall also apply to the subsequent Verification and Funded Account. Once the Customer has made the selection, it is not possible to change it.
2.11. The Company reserves the right to unilaterally change the fees and parameters of the Services at any time, including the parameters for their successful completion. The change does not affect the Services purchased before the change is notified.
2.12. Any data entered in the Order form can be checked, corrected, and amended until it is submitted. The Company will confirm the receipt of the Customer’s payment via email to the Customer’s e-mail address. This confirmation to the Customer’s e-mail address is deemed as the contract execution. The contract is concluded in English.
2.13. The customer acknowledges that the appropriate technical equipment and software are to be obtained at his/her own risk and expense. The internet access, purchase of the equipment and purchase of the web browser and its updates are at the Customer’s own risk and expense. The Company does not warrant that the Services are compatible with the Customer’s software.
2.14. If the Customer places an unusually large number of orders for the Services within an unreasonably short period of time, the Company may notify the Customer through the Client Section as a protective precaution to mitigate potentially harmful behaviour of the Customer. If such unreasonable behavior continues after such notice, we reserve the right to suspend any further orders of the Services by the Customer. If we identify that the unusual behavior as per this paragraph relates to the Customer’s involvement in Forbidden Trading Practices, we may take respective actions as identified in
Section 5 of this T&C. The Company reserves the right to determine, at its own discretion, the nature of the behavior.
3.1. The amounts of fees for the KOT Ltd.Evaluation Challenge can be paid in a currency that is listed on the Website. The Customer acknowledges that if the payment is made in a currency other than the one the Customer has chosen on the Website, the amount will be converted according to the current exchange rates available to the company, valid at the time of payment.
3.2. Customer can pay the fee for the selected option of the KOT Ltd. Evaluation Challenge by the payment methods that the Company currently offers on the Website.
3.3. The fee is considered paid when its full amount is credited to the Company’s account. If Customer does not pay the amount on time, the Company is entitled to cancel Customer’s order. Customer bears all fees charged by the selected payment service Company in connection with the transaction and the Customer is obliged to ensure that the respective fee for the selectedKOT Ltd. Evaluation Challenge is paid in full.
4.1. The customer will be obliged to open a Customer Account once the Verification stage is successfully finalized.
4.2. Only one Customer Account is permitted per customer, however, the Customer can have multiple funded trading accounts. The total number of Funded Trading accounts may be limited depending on the total sum of the initial capital amounts of the products ordered by the Customer or based on other parameters. The customer is not entitled to transfer or merge his/her performance, Service parameters, data, or any other information between the Funded trading accounts.
4.3. The total number of KOT Ltd. Evaluation Challenges and Verifications per one Customer is not limited. Customer is not entitled to transfer or merge Customer’s performance, Service parameters, data or any other information between the products.
4.4. Access to the Account and Funded Trading Account is protected by login data, which the Customer should not provide or share with any third party. If the Customer has registered as a legal entity, the Customer may allow the use of the Services to the Customer’s authorized representatives. The customer is responsible for all activities that are performed through the Customer’s Account or Funded Trading Account. The Company takes no responsibility, and the Customer is not entitled to any compensation, for any misuse of the Customer Account, Funded Trading Account, or any part of the Services, nor is the Company responsible for any negative consequences thereof for the Customer.
4.5. The Customer acknowledges that the Services may not be available 24/7, particularly with respect to maintenance, upgrades, or any other reasons. In particular, the Company bears no responsibility, and the Customer is not entitled to any compensation, for the unavailability of Services.
4.6. The Customer may at any time request the cancellation of the Customer Account by sending an e-mail to [email protected] Sending a request for the cancellation of the Customer Account is considered as a request for termination of the business relationship by the Customer, with the Customer being no longer able to use the Services, including the Customer Account and Funded Trading Account. The Company will confirm the receipt of the request to the Customer by e-mail, whereby the contractual relationship between the Customer and the Company will be terminated. In such case, the Customer is not entitled to any refund of the fees already paid or costs otherwise incurred.
5.1. During the demo trading on the Trading Platform (Stage 1 and Stage 2), the Customer is allowed to perform trading transactions, unless the latter constitutes Forbidden Trading Strategies or practices as per clause 5.3. The customer also agrees to act in good faith and follow good market rules and practices for trading on financial markets.
5.2. Customer acknowledges that the Company has access to information about the demo trades. Customer grants the Company his/her consent to share this information with persons/entities who are in a group with the Company or who are otherwise affiliated with the Company, and Customer grants the Company and these persons/entities his/her explicit consent to handle this information at their own will. The customer agrees that these activities may be performed automatically without any further consent, notice or approval and that the Customer is not entitled to any remuneration connected with the use of the data. The Customer is aware that the Company does not provide any investment advice. The customer acknowledges that Company may suspend his/her demo trading account at any time.
5.3. FORBIDDEN TRADING PRACTICES.
5.3.1. during the trading, it is prohibited to:
(a) knowingly or unknowingly use trading strategies that exploit errors in the services such as errors in display of prices or delay in their update;
(b) perform, alone or in concert with any other persons, including between connected accounts, or accounts held with different KOT Ltd. entities, trades or combinations of trades the purpose of which is to manipulate trading, for example by at the same time entering into opposite positions;
(c) perform trades in contradiction with these T&C.
(d) otherwise perform trades in contradiction with how trading is performed in the forex market or in any other financial market, or in a way that establishes justified concerns that the company might suffer financial or other harm as a result of the customer’s activities.
5.4 The Company reserves the right to determine, at its own discretion, whether certain trades, practices, strategies, or situations are Forbidden Trading Practices.
5.5. If the Customer engages in any of the Forbidden Trading Practices described in clause 5.3,
(i) the Company is entitled to consider it as a failure to meet the conditions of the KOT LtdFunded Account Challenge,
(ii) the Company is entitled to remove the transactions that violate these rules from the Customer’s trading history and/or not include their results in the profits and/or losses achieved by the demo trading, or
(iii) to cancel all Services provided to the Customer and subsequently terminate the business relationship.
5.5. If the Customer engages in any of the practices described in clause 5.3 continuously, and the Company has previously notified the Customer, the Company can stop the Customer from accessing all Services without any compensation. In such a case, the Customer is not entitled to a refund of the fees paid.
KOT4X LTD. EVALUATION CHALLENGE AND VERIFICATION
6.1. After paying the fee for the selected option of the KOT Ltd. Evaluation Challenge, the Customer will receive the relevant login data for the Demo Account at the e-mail address provided by the Customer. The Challenge begins upon login credentials of the Demo account being sent from the Company.
6.2. In order for the Customer to meet the conditions of the KOT Ltd. Evaluation Challenge, the Customer must satisfy the parameters.
6.3. If the Customer has met the parameters of the KOT Ltd. Evaluation Challenge specified in clause 6.2, and at the same time has not violated these T&C, the Company will deem the KOT Ltd. Evaluation Challenge as successful and will provide the Verification login by sending them to the Customer’s e-mail address. The Company does not have to evaluate the KOT Ltd. Evaluation Challenge if the Customer has not closed all trades, however, the Customer is entitled to use the Demo Account for training purposes.
6.4. The Customer activates the Verification Stage by opening the first demo trade in the Trading Platform. The activation of the Verification Stage will begin upon the credentials being sent from the Company to the Client’s provided email address.
If the Customer does not activate the Verification within 60 calendar days from the day on which the Customer received the new login data, the Customer’s access to the Verification will be suspended. The Verification lasts for 60 calendar days from the date of its activation.
6.5. For successful completion of the Verification Stage the Customer must fulfill all the following parameters at the same time by the end of the Verification: hyperlink to parameters
6.6. If during the Challenge the Customer does not comply with any of the conditions specified in clause 6.2, the Challenge will be deemed as unsuccessful, and the Customer will not be allowed access to the subsequent Verification. If during the Verification the Customer does not comply with any of the conditions specified in clause 6.5, the Verification will be evaluated as unsuccessful, and the Customer will not be deemed as a candidate for the KOT Ltd. Funded Account Program. The Customer is entitled to use the Demo Account for training purposes.
6.7. Upon successful completion of the Verification phase, The Company will perform an evaluation on the trading history and characteristics of the Customer, including, but not limited to: Trading Style, Volume of trades, Frequency of trading etc. To determine the risk profile of the Customer. The Company reserves the right to require further evaluation of trading and/or reject the offer for Services. The evaluation will be performed within five business days of the Customer successfully completing the Verification stage.
TRADING ON FUNDED ACCOUNT
7.1 If the Customer is successful in both the KOT Ltd. Evaluation Challenge, and Verification, and passes the trading evaluation, the Customer will be given trading access to a Funded Trading Account owned by KOT Ltd. to participate in the KOT Ltd. Get Funded Account Program.
7.2 The trader will be able to trade on the account, but he/she won’t be entitled to make any withdrawal of funds, which are owned by the Company.
7.3 All accounts in the KOT Ltd. Funded Trading Challenge, including Funded Accounts, are simulated accounts. Our proprietary algorithms may copy trades from the simulated accounts to our Master Account that trades in the actual live markets.
7.4 All profit-sharing payments will be paid on a weekly basis each Monday at 12:00 MT4/MT5 Server time if the profit exceeds $10.
7.5 The profit sharing will be calculated on equity gain made by Trader for the previous week.
7.6 Upon successful completion of the Evaluation and Verification stages:
7.7 The customer’s entry fee will be credited to the funded account which will be added to the first weekly payout, this condition is valid in case the trading account hasn’t breached any of the requirements.
7.8 Customers will not be liable for the funded account losses. The Company will bear the losses)
7.9 In case the Customer breaches any of the rules of the challenge, the account will be disabled, and access to the trading account and dashboard will cease.
8.1 The Company restricts and reserves the right to restrict future access to all or some parts of the Website and/or Services in respect of certain jurisdictions. The customer fully understands and agrees that we are not liable if the country of your location or residence becomes restricted. Restricted Countries include, but are not limited to, individuals residing in:
Afghanistan, Botswana, Burma (Myanmar), Democratic Republic of Congo, Crimea, Cuba, Ethiopia, Iran, Iraq, Japan, Kenya, Lebanon, Libya, Malta, North Korea, Pakistan, Republic of the Congo, Russian Federation, Somalia, Sri Lanka, Sudan, Syria, Trinidad and Tobago, Tunisia, Vietnam, Yemen, Zimbabwe.
USE OF KOT4X LTD.’S WEBSITE
Website refers to KOT Ltd.’s Web site(https://kot4x.com/) and additional Websites that KOT Ltd. may register). The Website provides customers with content and information. The content on the Website is provided as a convenience but may be inaccurate or outdated.
Customer agrees at all times to rely upon Customer’s transaction confirmations and statements as the official records of Customer’s Account. Information is not related specifically to an Account.
Information in financial or investments provided by third parties to KOT Ltd. that KOT Ltd. provides to Customer, which includes market data, news, research, financial analysis, commentary, or tools.
The information on the Websites is provided from sources believed to be reliable but cannot be guaranteed. The information provided on our website is not customized for the Customer and the Customer understands that the information provided to the Customer is not a recommendation to the Customer about the suitability of purchase and/or sale of any trading product.
KOT Ltd. may, without notice to Customer, change, revise, modify, add, upgrade, remove, or discontinue any part of KOT Ltd.’s Websites. The Website may include hyperlinks to third-party websites.
KOT Ltd. is not responsible for the information or content provided by such third-party websites.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of KOT Ltd. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. KOT Ltd. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of KOT Ltd. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of KOT Ltd.or our licensors except as expressly authorized by these Terms.
10.1. Customer acknowledges that the services and other content are provided “as is” with all their errors, defects, and shortcomings and that their use is at his/her sole responsibility and risk.
10.2. the company is not responsible for any harm, including any indirect, incidental, special, punitive, or consequential damages, including lost profit, loss of data, personal or other non-monetary harm, or property damage caused as a result of the use of the services.
10.3. The Company reserves the right to modify, change, replace, add, or remove any elements and functions of the Services at any time without any compensation.
10.4. The Company is not responsible for its failure to provide the purchased Services if that failure occurs due to serious technical or operational reasons beyond the Company’s control, in the case of force majeure and/or if the Company is prevented from providing the Services as a result of any obligations imposed by law or a decision of a public authority.
11.1. Customer acknowledges that all communication from the Company or its partners in connection with the provision of Services will take place through his/her e-mail address, which Customer registers with us.
11.2. Our contact e-mail address is [email protected].
11.3. Links to Third Party Sites/Third Party Services. Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of KOT Ltd. and KOT Ltd.is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KOT Ltd. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KOT Ltd. of the site or any association with its operators.
Certain services made available via toptiertrader.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the Website domain, you hereby acknowledge and consent that KOT Ltd. may share such information and data with any third party with whom KOT Ltd. has a contractual relationship to provide the requested product, service or functionality on behalf of toptiertrader.com users and customers.
11.4. Electronic Communications. Visiting the Website or sending emails to KOT Ltd. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
RIGHT TO WITHDRAW FROM A CONTRACT
12.1. Customer has the right to withdraw from a contract without giving a reason at all times.
12.2. Customer’s withdrawal from the contract must be sent to our e-mail address [email protected]. We will confirm the receipt of the form to the Customer in text form.
CHANGES TO THE T&C
13.1. The Company reserves the right to change these T&C at any time with immediate effect for new customers and new orders of the Services placed by existing Customers. KOT Ltd.Evaluation Challenge and Verification are provided throughout the period of their duration pursuant to the version of the T&C which was valid and effective at the time at which the relevant Challenge was ordered.
GOVERNING LAW AND JURISDICTION
14.1. These T&C, and the rights and obligations of the parties hereto, shall be governed by, construed, and enforced in all respects by the laws of St. Vincent and the Grenadines, without regard to choice of law principles.
14.2. Termination/Access Restriction. KOT Ltd. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the British Virgin Islands. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and KOT Ltd. as a result of this agreement or use of the Site. KOT Ltd.’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of KOT Ltd.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by KOT Ltd. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision or statement that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KOT Ltd. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KOT Ltd. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
15.1. Legal and Market Compliance.
KOT Ltd. takes compliance with relevant statutes, regulations, and judgments seriously and asks our customers to do the same. Further, KOT Ltd. also respects the functioning of the real market. As such, predatory trading practices that interfere with the functioning of the real market are banned on our platform. Predatory trading practices that do not comply with the functioning of the real market include, but are not limited to:
- Use of platform or data freezing
- Use of delayed data feed
- Trading on delayed charts
- Trading at a time of significant macroeconomic reports
- Use of the guarantee of compliance with limit orders
- Use of hedging trades between accounts
Breach of these Terms or laws in any way may lead to immediate termination of all accounts associated with our services, and no refund or payment of any kind shall be issued. In addition, you may be held civilly and/or criminally liable if you are in breach of these Terms and relevant laws.
15.2. Class Action Waiver.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and KOT Ltd. agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
You agree to indemnify, defend and hold harmless KOT Ltd., its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. KOT Ltd. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KOT Ltd. in asserting any available defenses.