Terms & Conditions

Effective as of: September 1, 2026

Preamble

These General Terms and Conditions of Use and Sale (hereinafter the “Terms of Use and Sale”) constitute a contractual agreement between TICKWISE, a simplified joint-stock company (SAS) with share capital of 1000 €, registered with the RCS of Paris under number 108 166 042, whose registered office is located at 173 rue de Courcelles 75017, Paris, France (hereinafter “TickWise”, “we”, “our”, “us”), and any natural or legal person accessing or using the website tickwisefunding.com (hereinafter the “Site”) or the TickWise technology platform (hereinafter the “Platform”).

Any person using the Platform is hereinafter referred to as the “User”, “you” or “your”. By accessing the Platform or ticking the acceptance box upon registration, you acknowledge that you have read, understood and accepted these Terms and Conditions of Use/Sale in their entirety and without reservation. If you do not accept these terms, you must immediately cease using the Platform.

TickWise reserves the right to amend these Terms and Conditions of Use/Sale at any time. Any amendment will be notified upon the User’s next login or by any other appropriate means. Continued use of the Platform after notification constitutes acceptance of the new terms. In the event of disagreement with the amendments, the User must likewise immediately cease using the Platform and may request closure of their Account, without this giving rise to any entitlement to reimbursement of fees already paid.

All useful information concerning the order, payment, access to and use of the Platform can be found below.

Article 1. Definitions

The following terms shall have the meanings set out below in these Terms of Use and Sale:

• “Funded Trader Agreement”: the agreement entered into between TickWise and the eligible User setting out the specific terms applicable to the opening, use and closure of a Broker Account (Funded or Live Account), as well as profit sharing and, where applicable, the arrangements for Payments. This agreement is entered into under the conditions set out in these Terms of Use and Sale.
• “Consumer”: any natural person acting for purposes that do not fall within the scope of his commercial, industrial, craft, professional or agricultural activity, as defined in the preliminary article of the French Consumer Code.
• “Account”: personal profile created by the User on the Platform, enabling him to access the Services.
• “Terms of Use and Sale”: these general terms and conditions of use and sale governing access to the Platform and the provision of the Services, including any updates and annexes thereto.
• “Evaluation Phase” (Phase 1 of the Challenge, also referred to as “Evaluation”): virtual account consisting of virtual currency, enabling the User’s trading skills to be assessed according to defined rules. The Evaluation Phase is the first of the two phases comprising the Challenge.
• “Preparation Phase” (Phase 2 of the Challenge): the second and final phase of the Challenge, consisting of an intermediate virtual account preparing the User for the Broker Account.
• “Broker Account” (also referred to as “Funded Account” or “Live”): real account funded by TickWise, opened with Sweet Futures (Introducing Broker - IB), with the funds held by Dorman Trading (Futures Commission Merchant - FCM), both regulated by the CFTC and members of the NFA. This account remains the property of TickWise at all times. This Broker Account phase is governed by these Terms of Use and Sale and by a Funded Trader Agreement.
• “Program Rules”: all trading rules, performance objectives, drawdown limits, permitted instruments and other criteria applicable to each Program, published on the Platform.
• “Challenge” or “Evaluation Program”: the product purchased by the User, consisting of two successive phases the Evaluation Phase (Phase 1) and the Preparation Phase (Phase 2) enabling access to the Broker Account.
• “Payment”: any payment made by TickWise to the User in connection with a Broker Account, subject to compliance with the applicable conditions.
• “Services”: all services provided by TickWise via the Platform, including access to the Evaluation Programs, dashboards and, where applicable, Broker Accounts.
• “Prohibited Practices”: any conduct expressly prohibited by these Terms of Use and Sale or the Program Rules.

Article 2. Platform Overview

TickWise is a technology provider offering evaluation programmes designed to assess Users’ trading skills in accordance with defined Program Rules.

TickWise is not a broker, an investment adviser, an investment services provider within the meaning of Article L.321-1 of the French Monetary and Financial Code, or an asset manager.

No content on the Platform constitutes investment advice, a trading recommendation or an offer of financial instruments within the meaning of applicable regulations. In particular, TickWise does not provide, through the Platform, portfolio management services on behalf of third parties, reception and transmission of orders or execution of orders on behalf of Users, nor, more generally, any provision of investment services within the meaning of Articles L.321-1 and D.321-1 of the French Monetary and Financial Code. TickWise does not pool capital or assets belonging to several investors for the purpose of investing them collectively in accordance with a predefined investment policy, does not manage any alternative investment fund or other collective investment vehicle within the meaning of Article L.214-24 of the French Monetary and Financial Code, and does not intend to engage in such activity without holding the requisite authorisations.

Furthermore, the Platform, as described herein, does not constitute an online marketplace within the meaning of point 14 of the preliminary article of the French Consumer Code, nor an online marketplace provider or online comparison tool within the meaning of Article L.111-7 of the same Code, since it does not enable consumers to enter into distance contracts with other professionals or consumers through its intermediary. The term Platform is used herein solely for convenience in presenting the application and developments offered by Tickwise.

The User acts entirely at their own risk and remains solely responsible for their trading decisions.

The Platform operates according to the following steps:

• Step 1 - Evaluation Phase (Phase 1 of the Challenge): assessment of the User’s skills on a virtual account.
• Step 2 - Preparation Phase (Phase 2 of the Challenge): second phase of the Challenge on a virtual account, preparing the User for trading under real-market conditions.
• Step 3 - Live (Broker Account): conditional access to an account funded by TickWise on live markets.

Progression from one Stage to the next is subject to validation of the preceding Stage, in accordance with the Program Rules. Access to the Broker Account is conditional and revocable. All Broker Accounts remain at all times the exclusive property of TickWise. Transactions carried out via a Broker Account constitute exclusively proprietary trading by TickWise and in no way involve the management or receipt of funds belonging to Users or third parties.

Article 3. Account Creation and Access Conditions

3.1 Eligibility requirements

To create an Account and use the Platform, you must:

• Be a natural person at least 18 years of age and have full legal capacity;
• Not reside in a country not authorised by TickWise. TickWise Services are accessible exclusively to residents of the following countries: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Spain, Sweden. Any resident of a country not appearing on this list will be denied access to the Services;
• Not have previously been suspended or terminated by TickWise;
• Not intend to use the Platform in violation of the law or these General Terms and Conditions of Use and Sale.

3.2 Registration Procedure – Account Creation

Registration and the creation of an Account on the Platform constitute a prerequisite for access to the Services. Registration requires the provision of accurate, complete and up-to-date information, including, in particular, your surname, given name, valid email address and telephone number, as well as the selection of a personal and confidential username and password.

Before accessing the Payments or the Broker Account, you must complete an identity verification procedure (KYC/AML), which may include providing an official identity document, proof of address and any other document reasonably required.

TickWise reserves the right to refuse any registration or username that it considers inappropriate or manifestly contrary to public policy, accepted standards of decency or the rights of third parties, including, in particular, intellectual property rights, trade names or personality rights.

Any access to your Account shall be deemed to have been made by you.

In the event of loss of the login credentials, the User may modify them directly by resetting them via email.

Registration constitutes acceptance of these Terms of Use/Terms of Sale and the Privacy Policy.

You undertake to provide accurate, complete and up-to-date information, to update it as necessary, and to keep your login credentials and password confidential. The provision of false, misleading, inaccurate or incomplete information, or failure to comply with these obligations, may result in the refusal, suspension or immediate termination of the Account, without refund, as well as the prohibition of future access to the Services. Each natural person may create and use only one Account, which is strictly personal and non-transferable; the creation of multiple Accounts by the same person is prohibited and may result in the closure of all of the Accounts concerned.

3.3 Account Security

The Account is strictly personal and non-transferable. The User shall be solely responsible for the confidentiality of their login credentials and for all actions carried out through their Account.

The User is required to notify Tickwise without delay of any misuse or unauthorized use of their login credentials or password, and therefore of their user account, of which they become aware. In the event of suspected abusive use of the account, Tickwise must be informed immediately.

This notification must be sent to Tickwise by email at compliance@tickwisefunding.com which will then prohibit any access to the application using that login credential and password as soon as possible after receipt of this notification.

The User shall be solely responsible for their User account and login credentials.

Article 4. Description of the Services and Fees

The Services offered by TickWise are divided into several Evaluation Programs (STARTER, PRO and EXPERT plans), each structured in three successive stages: an Evaluation phase, a Preparation phase and, in the event of success, access to a Broker Account under real-market conditions. The essential characteristics of these Programs (virtual account amount, performance targets, risk rules, authorized instruments and payment terms) are summarized below.

4.1 Description of the Services and the Phases

The Programs take place in three successive phases:

• (i) an Evaluation phase, during which the User trades on a demonstration account with virtual capital and must achieve a performance target while complying with predefined risk rules;
• (ii) a Preparation phase, which extends the evaluation on a demonstration account in order to confirm the consistency of performance under the same risk conditions;
• (iii) in the event of successful completion of the first two phases, access to a Broker Account, operated through a third-party broker, to which real capital is allocated in accordance with the terms defined on the Website. Access to this phase requires acceptance of a Funded Trader Agreement and the Terms and Conditions.

4.2. Access to Evaluation Programs

Access to the Evaluation Programs is offered for purchase at the single price displayed on the Website at the time of purchase. This is a single, upfront and non-recurring payment: no additional fee or monthly subscription will be charged to the User after purchase. Any purchase constitutes acceptance of the price and the associated terms of sale. An order confirmation setting out the essential characteristics of the service purchased, the price inclusive of VAT and the applicable terms will be sent to the User by email upon validation of the order, in accordance with Article L.221-14 of the French Consumer Code for non-professional Users or consumers. The User is informed that TickWise reserves the right, at any time, to limit the number of places available for one or more Evaluation Programmes, or for one or more phases of such Programmes, in particular in order to ensure a high quality of service and prudent risk management.

If a place in the relevant Programme or phase becomes unavailable after the User’s order has been confirmed, TickWise will offer the User the choice of either transferring their registration to a later session or receiving a full refund of the fees paid for the Evaluation Programme.

Access fees for the Programme are denominated in euros (EUR).

4.3 Programme Rules

Each Evaluation Programme/Account is subject to specific rules (the “Programme Rules”) published on the Platform, including in particular:

• The profit targets (Final Balance) defined for each account level;
• Trailing Minimum Balance (elimination threshold that must not be reached);
• The Daily Loss (maximum daily loss, resulting in disqualification);
• The minimum number of validated trading days required per phase;
• The maximum permitted period of inactivity.

The User must strictly comply with all of the Programme Rules and the parameters set-out below.

TickWise shall have sole authority to determine compliance with these rules, the validation of each phase and progression from one stage to the next.

The amounts of the virtual accounts are denominated in United States dollars (USD) and correspond to the virtual capital allocated to the evaluation.

A “validated trading day” is a day on which the profit realized exceeds the following minimum threshold: STARTER > $100 | PRO > $200 | EXPERT > $400.

To validate a phase, two conditions must be met simultaneously:

• (i) having reached the Profit Target (Final Balance) specified for the relevant phase; and
• (ii) having completed the minimum number of validated trading days indicated below for this phase.

Detailed Features by Plan and Phase

STARTER Plan

• Evaluation Phase (Phase 1): Starting Balance: $0 - Target Final Balance: $1,500 - Trailing Minimum Balance: starting at -$1,500 - Daily Loss: $500 - Minimum of 10 Valid Trading Days - Maximum Contracts: 3
• Preparation Phase (Phase 2): Starting Balance: $2,500 - Target Final Balance: $3,000 - Trailing Minimum Balance: $1,000 - Daily Loss: $500 - Minimum of 5 Valid Trading Days - Maximum Contracts: 3
• Broker Account: $2,500 starting capital | Capped trailing minimum balance: min = $1,000, max = $2,500 (it stops trailing once it reaches the starting capital) - Maximum contracts: 3.

PRO Plan

• Evaluation Phase (Phase 1): Starting Balance: $0 - Target Final Balance: $3,000 - Trailing Minimum Balance: starting at -$3,000 - Daily Loss: $1,000 - Minimum of 10 Valid Trading Days - Maximum Contracts: 6
• Preparation Phase (Phase 2): Starting Balance: $5,000 - Target Final Balance: $6,000 - Trailing Minimum Balance: $2,000 - Daily Loss: $1,000 - Minimum of 5 Valid Trading Days - Maximum Contracts: 6
• Broker Account: $5,000 starting capital | Capped trailing minimum balance: min = $2,000, max = $5,000 (it stops trailing once it reaches the starting capital) - Maximum contracts: 6.

EXPERT Plan

• Evaluation Phase (Phase 1): Starting Balance: $0 - Target Final Balance: $6,000 - Trailing Minimum Balance: starting at -$6,000 - Daily Loss: $2,000 - Minimum of 10 Valid Trading Days - Maximum Contracts: 10
• Preparation Phase (Phase 2): Starting Balance: $10,000 - Target Final Balance: $12,000 - Trailing Minimum Balance: $4,000 - Daily Loss: $2,000 - Minimum of 5 Valid Trading Days - Maximum Contracts: 10
• Broker Account: $10,000 starting capital | Capped trailing minimum balance: min = $4,000, max = $10,000 (it stops trailing once it reaches the starting capital) - Maximum contracts: 10.

Trading Hours and Automatic Account Closure

It is prohibited to maintain an open position from one trading session to the next. All positions must be closed before 5:00 p.m. (Eastern Time, ET), and may then be reopened from 6:00 p.m. (ET). Any position that remains open between 5:00 p.m. and 6:00 p.m. (ET) will result in the automatic and immediate closure of the relevant Account. This rule applies to all phases of the Programme (Challenge, Preparation and Broker Account).

4.4 Authorized Instruments

The User is authorized to trade exclusively the futures contracts listed below, traded on the CME, CBOT, NYMEX and COMEX exchanges through the Rithmic infrastructure. Any instrument not included in this list is strictly prohibited. TickWise reserves the right to amend this list at any time, subject to prior notification to the User.

Stock Indices - Standard Contracts (CME / CBOT)

• ES - E-mini S&P 500 (CME)
• NQ - E-mini Nasdaq-100 (CME)
• YM - E-mini Dow Jones (CBOT)
• RTY - E-mini Russell 2000 (CME)
• EMD - E-mini S&P MidCap 400 (CME)
• NKD - Nikkei 225 Dollar (CME)

Stock Indices - Micro Contracts (CME / CBOT)

• MES - Micro E-mini S&P 500 (CME)
• MNQ - Micro E-mini Nasdaq-100 (CME)
• MYM - Micro E-mini Dow Jones (CBOT)
• M2K - Micro E-mini Russell 2000 (CME)

Currencies (Forex Futures) - Standard Contracts (CME)

• 6A - AUD/USD (Australian Dollar)
• 6B - GBP/USD (Pound Sterling)
• 6C - CAD/USD (Canadian Dollar)
• 6E - EUR/USD (Euro)
• 6J - JPY/USD (Japanese Yen)
• 6N - NZD/USD (New Zealand Dollar)
• 6S - CHF/USD (Swiss Franc)

Currencies (Forex Futures) - Micro Contracts (CME)

• M6A - Micro AUD/USD (CME)
• M6E - Micro EUR/USD (CME)

Energy - Standard and Micro Contracts (NYMEX)

• CL - Crude Oil / WTI Crude Oil (NYMEX)
• HO - Heating Oil / Domestic Heating Oil (NYMEX)
• MCL - Micro Crude Oil (NYMEX)

Metals - Standard and Micro Contracts (COMEX)

• GC - Gold (COMEX)
• SI - Silver (COMEX)
• HG - Copper (COMEX)
• MGC - Micro Gold (COMEX)

Agricultural Commodities (CBOT)

• ZC - Corn (CBOT)
• ZS - Soybeans (CBOT)
• ZW - Wheat (CBOT)

Livestock (CME)

• GF - Feeder Cattle (CME)
• HE - Lean Hogs (CME)
• LE - Live Cattle (CME)

Cryptocurrencies - Micro Contracts (CME)

• MBT - Micro Bitcoin (CME)
• MET - Micro Ether (CME)

Any instrument not listed above is strictly prohibited. Trading an unauthorized instrument constitutes a Prohibited Practice that may result in the immediate closure of the Account and the forfeiture of any right to payments.

4.5 Payments

a. Payment for the programs is processed by one or more duly licensed payment service providers, which are separate depending on their nature and may change:

• Purchase of an Evaluation Program: payment of the fees for access to the Evaluation Program is processed by Inflowpay. Payment is made exclusively by bank transfer via a QR code payment system based on open banking technology (account-to-account payment). The User initiates the transfer directly from their banking application by scanning the QR code displayed during the order process. No payment by bank card is offered. The User accepts the Inflowpay general terms of use applicable at the time of the transaction;
• Payments from the Broker Account: payments of the profits earned by the Trader during the Live phase are processed by Rise Works. The User accepts the Rise Works general terms of use applicable at the time of payment.

TickWise does not guarantee the availability of any particular payment method and may change the providers or methods accepted at any time, subject to prior notice to the User.

The User is informed that certain technical services required for order execution or access to market data (such as data feeds provided by Rithmic or data subscriptions) may be subject to mandatory additional subscription fees or other charges, billed either directly by the relevant service provider or through the broker. In all cases, such costs shall be borne entirely by the User.

Any bank transfer fees imposed by the User’s banking institution when making payment via Inflowpay shall be borne exclusively by the User. Furthermore, exchange fees may be charged by Rithmic for each order executed on the markets. These fees are standard and comply with the rates currently in force on the US futures markets; they shall be borne entirely by the User and deducted from the User’s trading results.

b. The prices of the plans and Evaluation Programs are those displayed on TickWise’s website on the date of the order, and only the prices in force on that date shall apply. TickWise reserves the right to modify the price of each plan and Evaluation Program.

Any increase in VAT (value-added tax) or in any applicable equivalent tax shall be automatically and immediately passed on to the prices invoiced to the User. The same shall apply in the event of the introduction of any new tax levied on the price of the Services or ancillary subscriptions for which TickWise becomes liable.

Subject to any applicable mandatory statutory provisions, and in particular in the event of an unauthorised or fraudulent payment transaction, any payment of the fees for access to the Assessment Programmes initiated by the User via Inflowpay shall, in principle, be irrevocable upon validation of the bank transfer order in the User’s banking application. In the event of fraudulent use of the User’s bank account, the User must notify their bank and TickWise without delay in order to enable, to the extent possible, the transaction to be challenged and, where applicable, the corresponding amounts to be refunded.

Mandatory ancillary subscriptions, including in particular Rithmic market data subscriptions, which may be charged directly to the Broker Account depending on the markets selected by the User, are provided and billed directly by the relevant service providers. These subscriptions are independent of TickWise, which neither sets their pricing nor determines their billing terms and does not receive any of the corresponding amounts.

It is hereby recalled that connection and communication charges (fixed-line or mobile Internet), as well as the costs of the hardware and equipment necessary to access the Platform, the Evaluation Programs and the data feeds (in particular Rithmic), are not borne by TickWise and remain entirely the responsibility of the User.

Unless the User provides proof to the contrary, the computerised records stored in the information systems of TickWise and its payment service providers under reasonable security conditions shall be deemed to constitute evidence of the communications, orders, confirmations and payments made between the User and TickWise. The archiving of such data is carried out on a reliable and durable medium so as to constitute a reliable copy within the meaning of Article 1379 of the Civil Code.

4.6 Market Data Feeds (Rithmic)

Access to the markets via the TickWise Platform requires the activation of a market data feed provided by Rithmic. The User must activate this feed before commencing trading, failing which the User will not be able to access real-time prices or place orders.

Two levels of feed are available:

• Level 1 Feed (LV1) - Free: included with every Evaluation Program. This feed provides access to real-time Level 1 market data (bid/ask prices, last traded price). The User must activate it manually from their client area upon receipt of their Rithmic credentials. Activation is mandatory to commence trading;
• Level 2 Feed (LV2) - Optional and fee-based: provides access to in-depth market data (full order book, market depth). The User may subscribe to this feed from their client area, under the “Data Feeds” section. The applicable fee is displayed on the Site at the time of subscription. Links to Rithmic’s detailed fee schedules, as updated by Rithmic, are accessible from this section and, where applicable, directly on Rithmic’s website.

The fees for using the trading platform (Quantower, Atas, Sierra Chart, etc.), as well as the fees relating to Level 2 data feeds, shall be borne entirely by the User. TickWise shall not bear these costs. The data feeds are provided by Rithmic and are subject to Rithmic’s general terms and conditions, which the User accepts upon first connecting to RtraderPro.

Article 5. Right of Withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Consumer is, in principle, entitled to a 14-day right of withdrawal from the date on which the contract is concluded. This right of withdrawal applies only to Users qualifying as “Consumers” within the meaning of the French Consumer Code and does not, in principle, apply to Users acting for professional purposes, subject to the specific cases provided for by law.

Any Challenge purchased on the TickWise Platform is activated immediately upon confirmation of the order. Pursuant to Article L.221-28(12) of the French Consumer Code, the 14-day right of withdrawal does not apply, as the digital content is made available immediately after purchase with the Consumer’s express consent, the Consumer having acknowledged and accepted the loss of the right of withdrawal. Consequently, no refund is possible after confirmation of the order, irrespective of the reason (including, without limitation, failure to use the Challenge, technical difficulties relating to the User’s equipment or connection, or errors in the selection of the plan or spelling made when placing the order). The User is clearly informed of this before purchase and confirms this waiver by ticking a separate checkbox when confirming the order.

In the event of any difficulty following a purchase, the User is invited to contact TickWise support at support@tickwisefunding.com. TickWise will examine any request in good faith, in compliance with the applicable legal framework.

Article 6. Refund and Cancellation Policy

Except for the exercise of the right of withdrawal under the conditions set out in Article 5, all fees for access to the Evaluation Programs are strictly non-refundable.

The User may request termination of their Account at any time by contacting TickWise. Termination does not release the User from obligations arising before its effective date, and fees already paid remain non-refundable.

In the event of prolonged inactivity (complete absence of executed trading orders):

• Account under a Challenge (Evaluation Phase or Preparation Phase): more than 30 consecutive calendar days;
• Broker Account: more than 90 consecutive calendar days;

TickWise reserves the right, at its sole discretion, to close the relevant Account without refund or compensation, unless the User has previously notified TickWise of its temporary suspension through the official support channels and TickWise has acknowledged receipt thereof. Closure due to inactivity shall not entitle the User to any refund of fees already paid or to any compensation, even if the Programme has not been used in full.

Article 7. Payment of a Percentage of Positive Performance – Payments

The Evaluation and Preparation phases take place exclusively on virtual trading accounts, without real capital or any possibility of payment of a percentage of positive performance. Accordingly, payment to the User of a percentage of positive performance may only be contemplated in a Broker Account (the “Live” phase), on a Broker Account funded by TickWise and accessible through the User’s customer area. For the purposes hereof, the net positive performance achieved on the Broker Account corresponds to the portion of the account balance exceeding the opening balance of that Broker Account, as defined below.

The opening balance corresponds to the initial capital allocated by TickWise upon opening the Broker Account and remains at all times the exclusive property of TickWise. The User does not at any time become the owner of either such capital or the gross gains generated on the Broker Account; the User is entitled only, under the conditions set out in this Article, to payment of a variable amount calculated on the basis of the net positive performance achieved.

• STARTER Account: starting balance of $2,500 - the User may claim payment in respect of positive performance only on the portion of the balance exceeding $2,500;
• PRO Account: starting balance of $5,000 - the User may claim payment in respect of positive performance only on the portion of the balance exceeding $5,000;
• EXPERT Account: starting balance of $10,000 - the User may claim payment in respect of positive performance only on the portion of the balance exceeding $10,000.

Furthermore, each Broker Account is subject to a Capped Trailing Minimum Balance, which ceases to increase once it reaches the amount of the initial capital. This constitutes a minimum balance below which the account is automatically closed by TickWise. This minimum balance does not constitute a payout threshold in respect of positive performance, but rather a risk limit: if the account balance reaches this amount, TickWise will close the account and the User will lose access to their Funded Account.

Capped Trailing Minimum Balance:

The Capped Trailing Minimum Balance means the minimum balance threshold that the User’s Broker Account must maintain. If the Broker Account balance falls below this threshold, the Broker Account will be closed.

1. Determination and Adjustment of the Capped Trailing Minimum Balance

Upon activation of the Broker Account, an initial Capped Trailing Minimum Balance is established.

When the Broker Account balance increases as a result of profits generated by the User, the Capped Trailing Minimum Balance increases by an amount corresponding to the increase in the account balance.

For example, if the Capped Trailing Minimum Balance is set at USD 1,000 and the Broker Account balance increases by USD 500 as a result of profits generated, the Capped Trailing Minimum Balance will increase to USD 1,500.

2. No Downward Adjustment

The Capped Trailing Minimum Balance may only increase. Any losses subsequently incurred on the Broker Account will not result in any decrease in the Capped Trailing Minimum Balance.

Accordingly, once a particular Capped Trailing Minimum Balance level has been reached, that level becomes the new minimum threshold applicable to the Broker Account and may not be reduced as a result of subsequent losses.

3. Cap on the Capped Trailing Minimum Balance

The Capped Trailing Minimum Balance ceases to increase once it reaches an amount equal to the initial capital of the Broker Account.

From that point onward, it is permanently fixed at that amount and will no longer change, regardless of any additional profits subsequently generated by the User.

4. Consequences of Falling Below the Threshold

The User is responsible for ensuring that the Broker Account remains at or above the applicable Capped Trailing Minimum Balance at all times.

As soon as the Broker Account balance falls below the applicable Capped Trailing Minimum Balance, the threshold will be deemed to have been breached and the Broker Account may be closed in accordance with these Terms of Use / Terms and Conditions of Sale.

The minimum balances are as follows:

• STARTER Account: 1,000 $;
• PRO Account: 2,000 $;
• EXPERT Account: 4,000 $.

Any payment in respect of positive performance is subject to the prior satisfactory completion of the KYC/AML checks. TickWise reserves to the extent permitted by applicable regulations, the right to suspend, delay or cancel any payment in the event of suspected fraud, a breach of the Programme Rules or these Terms of Use/Terms and Conditions of Sale.

The minimum payment amount in respect of positive performance is set at 250 $ (two hundred and fifty United States dollars). Any payment request below this amount shall be rejected.

Validated payment requests are processed within an indicative period of 48 business hours from their approval by TickWise, subject to the timeframes specific to the service provider Rise Works and the applicable compliance checks. This period is purely indicative and does not constitute a commitment to achieve a specific result. TickWise shall not be held liable for delays attributable to third parties, banking institutions, payment service providers or additional regulatory checks.

Subject to the User’s compliance with all of these Terms of Use/Terms and Conditions of Sale, the Programme Rules, the satisfactory completion of the KYC/AML checks, and the absence of Prohibited Practices, TickWise undertakes to instruct the payment service provider to settle the corresponding payments. Tickwise’s undertaking is limited to the amounts actually available in the relevant Broker Account and remains subject to the proper functioning of third-party service providers’ systems, banking infrastructures and financial markets. TickWise shall not be held liable for any inability or delay in making a payment resulting from force majeure, a malfunction attributable to a third party, or a legal or regulatory obligation to block the funds.

As part of paying the User a percentage of the net positive performance generated on the User’s Broker Account, TickWise receives 10% (ten per cent) of the net positive performance eligible for payment. The balance, namely 90% (ninety per cent) of this net positive performance, is paid to the User.

Article 8. User Obligations and Warranties

By creating an Account and using the Platform, the User represents and warrants that the User:

• Is at least 18 years of age and has the legal capacity to enter into contracts and, where applicable, is not subject to a banking prohibition or a prohibition on managing a company;
• All information provided to TickWise (in particular in connection with KYC/AML procedures) is accurate, complete and up to date;
• Uses the Platform and the Services solely in accordance with these Terms of Use and Sale, the Program Rules and any applicable law or regulation, including those relating to financial services, anti-money laundering and international sanctions;
• Does not use the Platform for unlawful, fraudulent, abusive or defamatory purposes, for market manipulation or sanctions evasion, or in any manner that infringes the rights or compromises the safety of third parties;
• Maintains the confidentiality of the User’s credentials, does not disclose them to third parties and assumes full responsibility for activities carried out through the User’s Account, unless the User demonstrates fraudulent use not attributable to the User’s negligence;
• Is solely responsible for any taxes, duties or similar charges that may result from payments received through the Platform.

Article 9. Prohibited Practices

The following are strictly prohibited, subject to the immediate suspension or termination of the Account and forfeiture of all rights to payments:

• The exploitation of bugs, errors or vulnerabilities in the Platform, the trading environment or any other technical system made available in connection with the Services, in particular during the simulation phase;
• The use of high-frequency trading (HFT) strategies or any process primarily intended to exploit technical latencies, data feeds or quotation discrepancies in an abnormal or unfair manner, or to circumvent the Programme Rules;
• The sharing, lending, renting or any other provision of the login credentials or access to the User’s Account for the benefit of a third party, including use of the Account on behalf of a third party;
• Trading coordinated with other Users or any form of collusion intended to manipulate results, circumvent the Programme Rules or collectively exploit TickWise’s systems, or to pool strategies among several Accounts controlled, directly or indirectly, by the same person or group;
• The provision of false, misleading or fraudulent identity details, documents or payment information, or identity theft;
• Any attempt to reproduce, copy or replicate TickWise’s business model, technology or Services, or to reverse engineer the Platform.

Permitted Practices

Fully automated trading (trading robots, expert advisors) and copy trading are permitted on the Platform, provided that they do not exploit any flaw in the simulated environment, are not used for the purpose of collusion or circumventing the Program Rules, and comply with all of the Program Rules.

Account Limits

The User may not simultaneously hold more than 3 active Broker Accounts. There is no limit on the number of Challenges (Evaluation Phase and Preparation Phase) that may be opened simultaneously; these remain virtual accounts with no real capital. Each Account is strictly personal and may not be shared or transferred, and the opening or use of multiple Accounts in breach of these limits shall be deemed a Prohibited Practice.

Violation of the Prohibited Practices may result, without prejudice to any other action or remedy, in the immediate suspension or termination of the Account, the loss of access to any Broker Account, the forfeiture of fees paid or pending payments, the retroactive cancellation of any gain obtained under irregular conditions, as well as reporting to the competent authorities and, where applicable, the initiation of civil or criminal proceedings.

Article 10. Performance Monitoring and Controls

All activities on the Platform are monitored by TickWise through its dashboards, analytical tools and internal control systems. This data is collected and analysed to assess compliance with the Programme Rules and detect Prohibited Practices. TickWise also reserves the right to use data relating to the Trader’s trading activity (order history, performance metrics, behavioural analyses) for the purposes of risk management, improving the Platform, internal research, and creating anonymised or aggregated datasets. This data remains the exclusive property of TickWise and is processed in accordance with TickWise’s Privacy Policy.

TickWise reserves the right to carry out any inspection at any time. Following such inspection, TickWise may, at its sole discretion:

• Authorise the User to continue participating in the Programme or the Broker Account;
• Temporarily or permanently suspend access to all or part of the Services;
• Terminate the Account and prohibit any future access to the Platform;
• Suspend or cancel any pending payment in the event of a confirmed breach.

TickWise is the sole arbiter of performance under any Evaluation Programme and has exclusive authority to assess compliance with the Programme Rules.

Article 11. TickWise’s Liability

11.1 Limitation of liability

To the extent permitted by French law, TickWise is subject only to an obligation to use reasonable efforts in providing the Platform and Services. Its liability may be incurred only in the event of proven fault directly attributable to TickWise and solely in respect of direct, certain and foreseeable losses suffered by the User, excluding any indirect, incidental, consequential, special or punitive loss or damage (including, without limitation, loss of opportunity, loss of profits, revenue, data, anticipated savings or customers, or damage to reputation).

Subject to the provisions of Article 11.2 hereafter and to the applicable mandatory provisions, TickWise’s total aggregate liability to the User, in respect of any claim relating to these Terms of Use/Terms of Sale, the Platform or the Services, whether contractual, tortious (including in the event of negligence) or based on any other liability regime, shall in any event be limited, irrespective of the cause and nature of the loss, to the total amount of the fees actually paid by the User to TickWise for the Programme or Programmes directly giving rise to the claim during the twelve (12) months preceding the event giving rise to the damage.

TickWise shall in particular not be held liable in the event of improper use of the Platform or the Services by the User, of non-compliance with these Terms of Use/Terms and Conditions of Sale, the Funded Trader Agreement or the Programme Rules, of any failure by the User to comply with its security obligations (in particular with regard to keeping its login credentials confidential), or for the consequences of acts attributable to a third party or to the User himself.

TickWise shall also incur no liability in cases of force majeure within the meaning of Article 1218 of the French Civil Code and the case law of the French courts, or in the event of an external, irresistible and unforeseeable event beyond its reasonable control, provided that TickWise demonstrates that it was not reasonably able to prevent or mitigate its effects.

11.2 Statutory warranties applicable to Paid Services (exclusively for Consumers)

The provisions of this Article 11.2 shall apply exclusively to Users who may be classified as “Consumers” within the meaning of the French Consumer Code.

11.2.1. Legal guarantee of conformity: TickWise guarantees, in accordance with the applicable statutory provisions and at no additional cost, the User against any lack of conformity of the paid services ordered. These services comply with the regulations in force in France.

In the event of a lack of conformity, the User may require that the defective services be brought into conformity, the free provision of a new conforming service or, failing that, a reduction in the price or termination of the sale, in accordance with the applicable legal conditions.

It may also suspend payment of all or part of the price or the provision of the benefit provided for in the contract until TickWise has fulfilled the obligations incumbent upon it under the statutory guarantee of conformity, in accordance with Articles 1219 and 1220 of the Civil Code and Article L224-25-17 of the Consumer Code.

The User is also entitled to request from TickWise that defective services be brought into conformity or that a new compliant service be provided free of charge, in accordance with Article L224-25-18 of the Consumer Code. Bringing the service into conformity shall take place without undue delay. If the requested bringing into conformity is impossible or entails disproportionate costs under the conditions set out in Article L224-25-19 of the Consumer Code, TickWise may refuse it. If the conditions set out in Article L224-25-19 of the Consumer Code are not met, TickWise may, after formal notice, seek specific performance in kind of the remedy initially requested, in accordance with Articles 1221 et seq. of the Civil Code.

The User may finally demand a price reduction or termination of the sale (unless the lack of conformity is minor) in the cases provided for in Article L224-25-20 of the Consumer Code.

Where the lack of conformity is so serious as to justify an immediate price reduction or termination of the sale, the User is not required first to request that the defective services be brought into conformity or that a new conforming service be provided free of charge.

The price reduction shall be proportionate to the difference between the value of the service provided and the value that the service would have had in the absence of the lack of conformity.

In the event of termination of the sale, the User shall be reimbursed the price paid no later than fourteen days thereafter, using the same means of payment as that used by the User when making the payment, unless the User has expressly agreed otherwise and, in any event, without additional costs.

The foregoing provisions shall be without prejudice to any award of damages to the User in respect of the loss suffered by the User as a result of the lack of conformity.

11.2.2. Statutory warranty against hidden defects: TickWise shall be liable for hidden defects under the statutory warranty against hidden defects arising from a defect in the design or performance of the services ordered.

The User may decide to invoke the warranty against hidden defects affecting the services in accordance with Article 1641 of the Civil Code; in such case, the User may choose between rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

11.3 Liabilities not excluded

Nothing in these Terms of Use/Terms of Sale excludes or limits TickWise’s liability in the event of:

• Death or personal injury caused by its negligence;
• Fraud or fraudulent misrepresentation;
• Breach of any mandatory statutory obligation applicable to the consumer.

11.4 Platform availability

TickWise endeavors to keep the Platform available but does not guarantee uninterrupted, error-free or secure access. The Platform and the Services are provided “as is” and “as available”, without any express or implied warranty of any kind, including, in particular, as to performance, continuous availability, fitness for a particular purpose, compatibility with the User’s hardware, tools, software, information systems or connections, or continuity of the data feeds provided by third-party providers. The User acknowledges that the operation of the Platform depends on services and networks over which TickWise exercises no control (access providers, hosting providers, technical service providers, brokers, market data providers, etc.) and accepts the technical risks inherent in the use of the Internet and digital technologies.

TickWise may suspend, limit or discontinue all or part of the Platform or the Services at any time, including for maintenance operations, updates, technical enhancements, security reasons, technical incidents or legal or regulatory requirements, without this giving rise to any entitlement to compensation or to any refund other than, where applicable, that expressly provided for herein.

Article 12. User Liability and Indemnification

The User shall be solely responsible for all activities conducted through their Account and for the information provided to TickWise. To the extent permitted by law, the User undertakes to indemnify, defend and hold harmless TickWise, its subsidiaries and partners from and against any loss, damage, liability, cost or expense (including reasonable attorneys’ fees) arising out of:

• Their use of the Platform or the Services;
• Their breach of these Terms and Conditions of Use and Sale or the Program Rules;
• Any attempt to engage in Prohibited Practices;
• Any violation of the law or of third-party rights.

Article 13. Suspension and Termination

TickWise may suspend, restrict or terminate your Account or your access to the Services immediately and without notice if:

• You breach these Terms and Conditions or the Program Rules;
• You engage or attempt to engage in Prohibited Practices;
• You fail to complete the required KYC/AML verifications;
• TickWise has reasonable grounds to suspect fraudulent, abusive or unlawful conduct;
• TickWise is required to do so by law, regulation or a decision of a competent authority.

Upon termination, your right to access the Services shall end immediately. All fees paid shall remain non-refundable, and TickWise may withhold or cancel any pending payment.

Article 14. Intellectual Property

All intellectual property rights relating to the Platform, the Site, the Services and all associated content (including, in particular, software, algorithms, databases, data streams, interfaces, trademarks, logos, texts, graphics, data, designs, audio or visual elements and any other digital content, including virtual content) are and shall remain the exclusive property of TickWise or its licensors. No transfer of intellectual property rights is made to the User as a result of access to the Services.

Subject to full compliance with these Terms and Conditions, TickWise grants the User, whose payments are up to date, a personal, limited, revocable, non-exclusive and non-transferable licence to access and use the Platform and the Services to which the User has subscribed, strictly for personal, non-professional and non-commercial purposes. This licence is strictly limited by the terms of these Terms and Conditions and shall automatically terminate, without compensation, in the event of termination or suspension of the User’s Account, for any reason whatsoever.

Except for the limited rights of use set out above, the User is never authorized to sell, rent, lend, assign, sublicense, copy, reproduce, distribute, adapt, modify, translate, edit, create derivative works, publicly display, republish, download, store, transmit, reverse engineer, decompile, attempt to extract the source code or data generated from the Services, or otherwise exploit the Platform, the Services, the content or any other intellectual property of TickWise, unless expressly and previously authorized in writing by TickWise.

The User acknowledges that he acquires no ownership rights in the content or Services and benefits solely from the limited license to use them described above.

Article 15. Personal Data

TickWise collects, processes and retains Users’ personal data in accordance with Regulation (EU) 2016/679 (GDPR) and amended French Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties.

Details of the data processing operations, the purposes, the retention periods and the User’s rights (access, rectification, erasure, portability, objection and restriction) are set out in TickWise’s Privacy Policy, available on the Website and incorporated by reference into these Terms of Use/Terms and Conditions of Sale.

For any questions relating to your data, please contact: contact@tickwisefunding.com.

You have the right to lodge a complaint with the CNIL (www.cnil.fr).

Article 16. Communications

TickWise may contact you by email, SMS or telephone call using the contact details provided upon registration. By creating an Account, you consent to receiving such communications, including communications concerning your Account, the Programs, Service updates or legal notices. TickWise undertakes to respond to any support request within a maximum period of 48 business hours from receipt thereof.

Any communication from you to TickWise must be sent through the official support channels indicated on the Site.

Article 17. Force Majeure

The Parties shall not be held liable where the non-performance or delay in performing any of their obligations, as described herein, results from an event of force majeure within the meaning of Article 1218 of the French Civil Code, including, in particular, strikes, terrorist activities, riots, insurrections, wars, major cyberattacks or computer viruses, governmental actions, epidemics, natural disasters, a default attributable to a third-party telecommunications provider, the suspension or interruption of trading in one or more financial instruments, the exceptional closure of a market, a stock-market crash or any extreme market movement, as well as the failure, insolvency or resolution measures affecting a credit institution, an investment services provider, a clearing house, a custodian or any other financial intermediary indispensable to the execution of the transactions concerned.

The party becoming aware of the event shall promptly notify the other party of its inability to perform its obligation and provide the other party with evidence thereof. The suspension of the obligations shall under no circumstances give rise to liability for non-performance of the obligation concerned, or entail the payment of damages or late-performance penalties.

Performance of the obligation shall be suspended for the entire duration of the force majeure event if it is temporary and does not exceed a period of thirty (30) days. Consequently, as soon as the cause of the suspension of their respective obligations has ceased to exist, the parties shall use their best endeavours to resume the normal performance of their contractual obligations as soon as possible. To this end, the prevented party shall notify the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial instrument. If the impediment is permanent or exceeds a period of thirty (30) days, each Party may terminate the contractual relationship governed by this agreement, and TickWise, the partner banking institution, and the User shall then be released from their respective obligations, without any compensation being payable by any of the Parties as a result thereof.

Article 18. Assignment

TickWise may assign, transfer or subcontract all or part of its rights and obligations under these Terms and Conditions, in particular in connection with a restructuring, merger or acquisition, provided that the level of protection afforded to the User is not reduced.

The User may not assign or transfer its rights or obligations under these Terms and Conditions without TickWise’s prior written consent.

Article 19. Claims and Mediation

In the event of any difficulty or dispute relating in particular to the conclusion, performance or billing of the Services (for example, non-activation of a Challenge, malfunction affecting access to the Platform, or dispute concerning a charge), the User is invited first to submit a claim to TickWise’s customer service at the following address: compliance@tickwisefunding.com. TickWise undertakes to acknowledge receipt of the claim within a reasonable period and to provide a reasoned response as soon as possible, having regard to its complexity.

In accordance with Articles L.612-1 et seq. of the French Consumer Code, any Consumer may, in the absence of a satisfactory response from TickWise within a period of 2 months, have recourse, free of charge, to consumer mediation. This mediation mechanism is available only for complaints submitted by Users qualifying as “Consumers” within the meaning of the Consumer Code. TickWise is in the process of joining CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice - www.cm2c.net). The mediator’s contact details will be updated once membership has taken effect.

For Consumers, the European platform for the online resolution of disputes is also accessible at: https://ec.europa.eu/consumers/odr

The User undertakes to resolve any dispute with TickWise on an individual basis and waives the right to participate in any collective or representative action, to the extent permitted under French law.

Article 20. General Provisions

20.1 Entire Agreement

These Terms of Use/Sale, together with the Privacy Policy, the Cookie Policy, the Program Rules and any other document expressly incorporated by reference, constitute the entire agreement between you and TickWise concerning the Services. During the Funding Period, the relationships relating to the implementation of a funded account shall also be governed by a specific funded trader agreement (the “Funded Trader Agreement”). In the event of any conflict between the provisions of the Funded Trader Agreement and those of these Terms of Use/Sale, the provisions of the Funded Trader Agreement shall prevail during the Funding Period, while being expressly incorporated into these Terms and the overall contractual agreement.

20.2 Severability

If any provision hereof is declared invalid, unlawful or unenforceable by a court of competent jurisdiction, that provision shall be deemed unwritten, and the remaining provisions shall remain in full force and effect.

20.3 No Waiver

TickWise’s failure to exercise any right or remedy provided for herein shall not constitute a waiver of that right or remedy.

20.4 Governing law and jurisdiction

These Terms of Use/Sale are governed by French law. Any dispute relating to their interpretation or performance shall fall within the exclusive jurisdiction of the French courts: (i) where the User is a Consumer, subject to the territorial jurisdiction being determined in accordance with the mandatory statutory provisions applicable to and protecting the Consumer, who may in particular, in matters relating to the contract, bring proceedings, at their choice, before the court of the place where they were domiciled at the time the contract was concluded or where the harmful event occurred; (ii) in all other cases, any dispute shall fall within the exclusive territorial jurisdiction of the courts of Paris, notwithstanding any plurality of defendants or third-party proceedings.

Article 21. Pre-Contractual Information

Prior to placing any order for an Evaluation Programme or any other paid Service on the Platform, the User acknowledges having received, in a legible and comprehensible manner, all pre-contractual information required under the Consumer Code, including in particular:

• the essential characteristics of the Services offered (in particular, the nature of the Evaluation Programmes, the exclusively virtual nature of the Evaluation and Preparation phases, the main operating rules, the conditions for accessing the Broker Account, and any limitations or restrictions on access);
• the total price of the Services, inclusive of all taxes, and, where applicable, a breakdown of ancillary charges (for example, processing fees charged by the payment service provider, subscriptions or mandatory technical fees related to market data feeds or the use of third-party services such as Rithmic);
• the terms and conditions of payment, provision and performance of the Services, including the fact that each Challenge is, in principle, activated immediately after the order has been validated and that access to the Platform and the Evaluation Programmes requires an internet connection and suitable equipment, at the User’s expense;
• the existence, for Consumers, of the conditions for exercising and, where applicable, the limitations of the right of withdrawal applicable to digital Services provided by TickWise, as specified in the “Right of withdrawal” article of these Terms of Use/Terms and Conditions of Sale;
• the conditions for cancelling, postponing, suspending or terminating the Services, as well as the rules applicable to refunds, as provided for in the “Refund and cancellation policy” and “payments” articles;
• the existence and procedures for implementing the statutory guarantees applicable to paid Services (the statutory guarantee of conformity and the guarantee against hidden defects), as described in the “Statutory guarantees applicable to paid Services” article, together with TickWise’s contact details for submitting any claim;
• the procedures for settling disputes, including the possibility of having recourse free of charge to a consumer mediator and to the European online dispute resolution platform, as described in the “Complaints and mediation” article for Consumers;
• the identity and contact details of TickWise, as set out in the preamble hereto (corporate name, legal form, share capital, registration with the Trade and Companies Register, registered office and contact address).

Placing an order for an Evaluation Program or any other paid Service via the Website or the Platform entails the User’s full and unconditional acceptance of these General Terms and Conditions of Use and Sale, which the User expressly acknowledges, waiving the right to rely on any contradictory document.

Article 22. Contact

For any questions relating to these General Terms and Conditions of Use and Sale or our Services:

• General email: contact@tickwisefunding.com
• Support: support@tickwisefunding.com
• Compliance: compliance@tickwisefunding.com
• Website: https://tickwisefunding.com
• Postal address: TICKWISE 173 rue de Courcelles 75017, Paris - FR