Terms and Conditions

The Funded Society is a free record-keeping and journaling app for traders who use prop firms. It adds up what you tell it. It is not financial advice, it is not a prop firm or a broker, and the firm information in it can be out of date — check with the firm before you buy anything. Some firms pay us when you sign up through our links or codes; we say so wherever that applies. Be decent in the chat rooms and reviews. Disputes are settled by individual arbitration, not in court or as a class action (section 20). The full terms follow, and they are the ones that count.

The Funded Society (the "App") is published by Circle of NINE 9 LLC, a California limited liability company ("we", "us", "our").

You can reach us at support@thefundedsociety.app.

These Terms and Conditions (the "Terms") are a binding agreement between you and Circle of NINE 9 LLC. They cover the App on phones and on the web (app.thefundedsociety.app), our website at thefundedsociety.app, and any related services (together, the "Service"). Our Privacy Policy explains what we collect and how we use it.

By creating an account or using the Service, you accept these Terms. If you do not accept them, do not use the Service.

You must be 18 or older and able to enter a contract where you live. The Service is for adults who trade, or are thinking about trading, futures through proprietary trading firms. It is not for children.

You are responsible for following the laws of wherever you are. Some places restrict prop firms or their products. We do not claim the Service is suitable or available in any particular place.

You can look around in preview mode without an account; preview shows sample numbers and saves nothing. To keep records you need an account, created with an email address and password (confirmed with a code we email you) or by signing in with Google or Apple.

• Give accurate information and keep your password to yourself.

• Tell us promptly at support@thefundedsociety.app if you think someone else has used your account. You are responsible for what happens under it.

• One account per person. Do not create an account for someone else, share or sell yours, or create extra accounts, for example to enter a giveaway more than once.

• Usernames are public. Do not pick one that impersonates someone else or a firm, is offensive, or is someone else's trademark. We may change or reclaim a username that breaks these rules.

The Service is a personal record-keeping, journaling and reference tool. It lets you:

• record money you spent and received on prop trading, and adds it up;

• record trades you enter or import, and see statistics about them;

• track the prop-firm accounts you hold, using rules you enter or that we collected from public sources;

• read reference information, guides and news about prop firms;

• take part in the community: chat rooms, reviews and giveaways.

With an account, your records are saved to it and synced to your devices.

5.1 Not financial, investment, tax, legal or accounting advice. Nothing in the Service is advice, a recommendation, a solicitation or an offer to buy or sell anything. We are not a broker-dealer, investment adviser, commodity trading advisor, futures commission merchant, introducing broker, bank or accountant, and we are not registered with any financial regulator. The App does arithmetic on figures you supply. It does not tell you what to do.

5.2 Not a forecast. The App does not predict trading results or project earnings. Past figures are a record of what already happened. They do not indicate future results.

5.3 Not tax advice. Set-asides, tax-year summaries and exported documents are conveniences calculated from your figures and the rates you chose. They are not a tax return and not advice about what you owe. Talk to a qualified tax professional.

5.4 Not an official record. The App is a notebook. The records of your prop firm, broker, bank and accountant are what count. Where the App disagrees with them, they are right.

5.5 Not a prop firm or broker. We are not a proprietary trading firm, a broker, an exchange or a trading platform, and we do not operate or guarantee any account you open with one. Your account with a firm is between you and that firm, on its terms. We are not a party to it, cannot resolve disputes with it, and are not responsible if a firm changes its rules, does not pay, restricts your account or stops trading. Firm names and logos are used only to identify the firms.

5.6 Not advice from other users. Chat messages and reviews are other traders' opinions, not ours and not advice. Treat them with the same care as anything else you read online.

Trading futures involves a substantial risk of loss and is not suitable for everyone. Evaluation fees, activation fees, resets, data fees and platform fees are money you may not get back. Most people who attempt prop firm evaluations do not receive a payout.

You alone decide whether to trade, what to trade, which firm to pay and how much to risk, and you are responsible for those decisions and their results.

The App shows figures about prop firms: drawdown types and amounts, profit targets, payout rules, consistency rules, prices and similar. Treat all of it as possibly out of date until you check.

• It comes from public sources on the date shown for each firm.

• Firms change their terms often, sometimes without notice.

• Sources disagree with each other; we flag figures where they did.

• We do not verify figures with the firms and do not promise to keep them current.

This information is for general reference only. It is not a statement of any firm's current terms. Never buy an account or make any trading decision based only on a figure in the App. Check the firm's own documents. Sorting, filters and comparisons in the App follow only the criteria they state; they are not a claim that any firm is better than another.

8.1 The App is free. We do not currently charge for the Service. If we ever introduce paid features, we will show the price and terms before you are charged and you will choose whether to pay.

8.2 Affiliate commissions. Some of the prop firms in the App pay us a commission when someone signs up through our link or uses our discount code. Most firms in the App pay us nothing.

8.3 Where you see it. Wherever a firm that pays us appears with a link or a code, we say so on that screen. The "Our picks · Paid" section shows only firms that pay us; it is our opinion and it is labeled as paid. Our Affiliate Disclosure lists which firms pay us.

8.4 What it does not change. Outside that labeled section, whether a firm pays us does not change the order firms appear in, the figures we show about them, or the warnings that apply to them. A commission is not an endorsement or a statement that a firm is good, safe, solvent or right for you. Sections 5, 6 and 7 apply to firms that pay us exactly as they do to firms that do not.

8.5 Discount codes. A discount is the firm's offer, on the firm's terms. The firm can change or withdraw it at any time, and we do not control whether it is honored.

9.1 Accuracy is yours. Every figure in your records comes from you — typed, or confirmed by you from a file you chose. When the App reads a platform export it makes a best effort to interpret it, and you check each trade before it is saved. Interpretation can be wrong. Check it.

9.2 Sync and backups. With an account your records are saved and synced to your devices. When two devices save different versions, the most recent one wins. Sync is a convenience, not a guarantee: use Backup and restore to keep your own copy of anything you cannot afford to lose. We are not responsible for lost data beyond what signing in restores.

9.3 Your records are yours. We claim no ownership of your entries, trades and notes. You let us store and process them only to provide the Service to you, as our Privacy Policy describes.

The chat rooms, reviews, usernames and profile pictures are shared with other users. When you post, you agree not to:

• harass, threaten, bully or abuse anyone, or post hateful or sexually explicit content;

• post spam, advertising, referral or affiliate links, or promote your own paid products, signals or services;

• impersonate anyone, including a prop firm or its staff, or claim a connection to us or a firm that does not exist;

• post other people's personal information, or anything you do not have the right to share;

• post anything false or misleading about a firm or a person, including fake reviews, reviews of a firm you have not used, or reviews written for pay or on behalf of a firm;

• offer trade signals or investment advice as a service, coordinate market manipulation, or post anything unlawful;

• attack or disrupt the Service, or use bots or scripts to post.

Your content. You keep ownership of what you post. You give us a worldwide, non-exclusive, royalty-free license to host, store, display and distribute it within the Service for as long as it is posted, and to keep a record of it as the law or a dispute requires. You are responsible for what you post and confirm you have the right to post it.

Moderation. We may remove any content, change a username, mute you in the chat rooms, or suspend or close an account that breaks these rules, at our discretion and without notice. We are not obliged to monitor content and are not responsible for what other users post. To report something, email support@thefundedsociety.app.

Chat messages are deleted automatically after 48 hours.

From time to time we run giveaways in the App, usually for prop firm evaluation accounts. The official rules shown with each giveaway apply to that giveaway, together with these terms:

• No purchase or payment is necessary to enter or win, and buying anything does not improve your chances.

• Open to account holders aged 18 or over where the giveaway is lawful. Void where prohibited. One entry per person; entries from multiple accounts, bots or scripts are void.

• Winners are drawn at random from all valid entries when the giveaway ends. Each winner gets their code in the App and by email to the address on their account.

• Prizes are codes redeemed with the prop firm named in the giveaway, on that firm's terms. They have no cash value, cannot be exchanged or transferred unless the firm allows it, and we are not responsible for the firm's product or for whether it honors the code.

• If a winner cannot be reached, is not eligible, or a code cannot be used, we may draw a replacement winner.

• Winners are responsible for any taxes on their prize.

• We may cancel, change or end a giveaway, or disqualify entries, if there is fraud, a technical problem or anything else that affects its fairness.

• A giveaway is run by Circle of NINE 9 LLC. It is not sponsored, endorsed or administered by Apple, Google, or any prop firm unless the giveaway says so.

We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own use. You may not:

• copy, modify or create derivative works of the App, or reverse engineer, decompile or disassemble it, except where the law allows it regardless;

• rent, sell, sublicense or redistribute the App or access to it;

• scrape, bulk-download or republish the firm information, guides or other content as a dataset or competing product;

• use the Service to break the law or anyone's rights, or in a way that harms the Service or other users;

• present anything from the App as verified, official, or as our advice.

The App — its code, design, text, guides and the compilation of its reference information — belongs to us and our licensors and is protected by copyright and other laws. These Terms give you a license, not ownership. Third-party names, logos and marks belong to their owners.

If you send us ideas or suggestions, we may use them without restriction and without owing you anything.

We may change, suspend or stop any part of the Service at any time, add or remove features, and stop supporting older versions. We do not promise the Service will always be available or free of errors.

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND.

  To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. In particular, we do not promise that the Service will meet your needs; that it will be uninterrupted, secure or error-free; that any calculation, import, figure or piece of firm information is accurate, complete or current; or that content posted by other users is accurate or lawful.

  Some places do not allow these exclusions, so parts of this section may not apply to you.

• To the fullest extent the law allows:

  17.1 We are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, trading losses, lost payouts, failed or lost evaluation or funded accounts, fees paid to any prop firm, loss of data or loss of goodwill, however caused and even if we were told they were possible.

  17.2 Our total liability for all claims about the Service is limited to one hundred US dollars (US$100).

  17.3 Nothing in these Terms limits liability that the law does not allow to be limited, such as liability for fraud or under consumer protection laws that cannot be waived.

• You agree to defend and hold harmless Circle of NINE 9 LLC and its members, employees and agents from claims, losses and costs (including reasonable legal fees) arising from your use of the Service, your breach of these Terms, your content, your trading, or your dealings with any prop firm, broker or platform.

You can stop using the Service at any time and delete your account in the App (You → Account). We may suspend or close your access if you break these Terms, if we reasonably need to in order to protect the Service or other people, or if we discontinue the Service.

When your account ends, the license in Section 12 ends. Sections 5, 6, 7, 8, 9.3, 10 (content license), 13, 14, 16, 17, 18, 20 and 21 continue to apply.

Please read this section carefully. It requires you to resolve disputes with us through individual binding arbitration, not in court, and it waives your right to a jury trial and to take part in a class action.

20.1 Governing law. These Terms are governed by the Federal Arbitration Act and, otherwise, the laws of the State of California, without regard to its conflict of laws rules.

20.2 Talk to us first. Before starting any claim, you must email support@thefundedsociety.app with your name, your account's email address, a description of the problem and what you want. We will try to resolve it with you in good faith within 60 days. Neither of us may start arbitration until that period ends. Any time limit for bringing the claim is paused while we try.

20.3 Binding arbitration. Any dispute, claim or controversy between you and us arising out of or relating to these Terms, the Service, any giveaway, or our relationship (a "Dispute") will be resolved only by final and binding individual arbitration, and not in any court. This includes Disputes about whether something must be arbitrated, the scope of this section, and its enforceability, all of which the arbitrator decides.

20.4 How it works. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (and, where they apply, its Mass Arbitration Supplementary Rules), available at adr.org, before a single arbitrator. Unless the arbitrator decides otherwise, it will be conducted by video or phone or on written submissions, without anyone having to travel. Filing, administration and arbitrator fees are paid as those rules provide for a consumer and a business. The arbitrator may award the same individual relief a court could, but only to you individually and only to the extent needed for your individual claim. The award is final and may be entered in any court with jurisdiction.

20.5 No class actions and no jury. You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine more than one person's claims or preside over any form of class or representative proceeding. You and we both waive any right to a jury trial.

20.6 Opting out. You may opt out of this arbitration agreement by emailing support@thefundedsociety.app within 30 days of first accepting these Terms, with the subject line "Arbitration opt-out" and your name and account email address. If you opt out, Disputes will be resolved only in the state or federal courts located in California, and the class action and jury waivers in section 20.5 still apply to the extent the law allows.

20.7 Public injunctive relief. If a claim for public injunctive relief cannot lawfully be arbitrated, that claim alone will be decided by a court located in California, after the arbitration of every other claim is finished, and it is stayed until then.

20.8 If part of this section fails. If the class action waiver in section 20.5 is found unenforceable for a particular claim, that claim will not be arbitrated and will be decided only by a court located in California. If any other part of this section is found unenforceable, the rest of it still applies.

20.9 One year to bring a claim. To the extent the law allows, any Dispute must be started within one year after it arose, or it is permanently barred.

20.10 Changes. If we change this section, the change will not apply to a Dispute we already knew about. You may reject a change by emailing support@thefundedsociety.app within 30 days of it taking effect, in which case this version continues to apply to you.

• 21.1 Changes to these Terms. We may update these Terms. We will change the date at the top, and for significant changes we will tell you in the App or by email before they take effect. Continuing to use the Service after that means you accept the new Terms.

  21.2 Entire agreement. These Terms, the Privacy Policy, the Affiliate Disclosure and any giveaway's official rules are the whole agreement between you and us about the Service.

  21.3 Severability. If a part of these Terms cannot be enforced, the rest stays in force.

  21.4 No waiver. Not enforcing a part of these Terms is not a waiver of it.

  21.5 Assignment. You may not transfer these Terms. We may transfer them as part of a merger, acquisition or sale of our business.

  21.6 Events beyond our control. We are not responsible for failures caused by things beyond our reasonable control.

  21.7 Notices. We may give you notice in the App or by email to your account's address. You can give notice to us at support@thefundedsociety.app.

If you got the App from the Apple App Store or Google Play:

• These Terms are between you and us only. Apple and Google are not parties, and we, not they, are responsible for the App and its support.

• Apple and Google have no warranty obligation for the App beyond what their own policies provide.

• Apple and Google are not responsible for any claim about the App, including product liability, legal compliance, consumer protection or intellectual property claims.

• You confirm you are not in a country under a US government embargo and are not on any US government list of restricted parties.

• Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms and may enforce them against you.

Circle of NINE 9 LLC

support@thefundedsociety.app