Terms & Conditions

Last updated: February 2024

Welcome to Top One Trader, a trade name of Top One Trader, LLC (the “Company”). The Company provides you (“you” or the “Trader”) with a limited license to use the services (the “Services”) offered by the Company subject to the terms and conditions contained herein (the “Agreement”).

This Agreement is a legally binding contract, and you have a duty to read this Agreement before accessing or using the Services offered by the Company. By using the Services, you are agreeing to the terms and conditions contained within this Agreement.

The Company reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event The Company replaces, modifies, or amends this Agreement, your continued use of the Services after a change in the Effective Date of said changes will constitute your agreement to any replacement, modification, or amendment to this Agreement.

TRADER REPRESENTATIONS

By using the Services, you represent that you are at least eighteen (18) years old and are of sound mind and that you have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Services on behalf of a business entity or other third-party, then you represent that you have actual authority to act as an agent of that business entity or third-party, and that you have the right and ability to agree to and bind that third-party or business entity to the terms of this Agreement on its behalf.

You represent that your use of the Services does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further represent that you are not prohibited from entering into this Agreement by the terms of any pre-existing agreement.

LIMITED LICENSE

The Company provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to use the Services for its customary and intended purposes. You are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Services, the Company Website, whether in whole or in part, without the prior written consent of the Company.

You acknowledge and agree that your limited use of the Services does not entitle you to any license or intellectual property rights to any technology, intellectual property, copyrights, trademarks, or trade secrets of the Company or any third-party contractor thereof. You acknowledge and agree that your use of the Services is limited by the terms of this Agreement, and you expressly agree that you will not use the Services in any manner that is not expressly authorized under the terms of this Agreement. The Company reserves all of its rights not expressly granted through this Agreement.

This license is revocable at any time, and any rights not expressly granted in this Agreement are reserved for the Company.

PROHIBITED USES

You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third-party, including, but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights.

Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service (DOS) attacks on, reverse engineering, or circumventing technological protection measures of the Services or the Company website.

You are also prohibited from using the Services or the Company website to transmit unsolicited commercial emails to third parties or Traders of the Company. While The Company is not responsible for any such content posted by its Traders and does not have the affirmative obligations to monitor such content, it does reserve the right to remove them.

You are also prohibited from using any trading strategy that is expressly prohibited by any broker being used in conjunction with Top One Trader. Such prohibited trading (“Prohibited Trading”) shall include, but not be limited to:

• Exploiting errors or latency in the pricing and/or platform(s) provided by the Broker.
• Utilizing non-public and/or insider information.
• Front-running of trades placed elsewhere.
• Trading in any way that jeopardizes the relationship that Top One Trader has with a broker or may result in the canceling of trades.
• Trading in any way that creates regulatory issues for the Broker.
• Utilizing any third-party strategy, off-the-shelf strategy or one marketed to pass challenge accounts.
• Utilizing one strategy to pass a challenge and then utilizing a different strategy in a funded account, as determined by the Company in cooperation with Top One Trader, LLC at their discretion.
• Holding a Single Share Equity CFD position into an earnings release pertaining to that underlying equity. To avoid being in breach of this rule, you must close all such Single Share Equity CFD positions by 3:50 pm Eastern Time on the day of the release, if an aftermarket release, or on the preceding day, if a before market open release. Violation of this rule will constitute an immediate, hard breach of your account and any gain or loss on said position will be removed from any payout calculations.
• Attempting to arbitrage a challenge account with another account with the Company or any third-party company, as determined by the Company in its sole and absolute discretion.
• Hedging of one account to another either internally or through any other firm or broker.
• Utilizing any type of high frequency trading (HFT) or Tick Scalping. In the case that that Company does not close Trader’s account because of a minimal number of violations, Company will deduct any gains produced from trades violating this policy.
• Trading in any way that Top One Trader deems, in its sole discretion, to be outside of acceptable risk practices.
• Utilizing any third-party strategy, off-the-shelf strategy or one marketed to pass assessment accounts. 
• Rolling/Churning of Accounts. Account rolling, also known as churning, refers to the practice of acquiring multiple evaluation accounts within a short amount of time and using various trading strategies to pass one or more accounts, while allowing other accounts to fail. This practice is strictly prohibited.
• Gambling, Over-Leveraging, YOLO Trading. We have a strict anti-gambling policy. Top One Trader is committed to identifying unique and successful traders who can