Terms and Conditions - Top One Trader

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 effectively manage risk and maintain consistency in the financial markets. Prohibited practices include opening substantially larger position sizes compared to normal trades, especially around news events as well as any other trading behavior that Top One Trader deems in its full discretion to violate acceptable trading practices. Any type of over-leveraging or gambling behavior may result in deduction of profits or termination of a trader’s account.
The utilization of an Expert Advisor to optimize your trading strategies is acceptable, however, it is important for each trader to ensure that their trading parameters are unique and suited to their individual trading style and account. While it is permissible for traders to employ the same Expert Advisor or Indicator as other traders, it is essential to customize the settings and parameters to differentiate their trades from others. Using any type of commercially available EA with automated trading strategies is strictly forbidden. Masking of EAs is forbidden. Any violations of these rules will result in the immediate closing of your account and the forfeiture of any gains.
Following signal programs where multiple traders are executing the same trades, within similar timeframes, is prohibited. Traders on our platform must be trading with a strategy that is unique to each individual trader.
Using multiple ip addresses on your account, or using the same IP address as other accounts not owned by you.

If the Company detects that your trading constitutes Prohibited Trading, your participation in the program will be terminated and may include forfeiture of any fees paid to the Company. Additionally, and before any Trader shall receive a simulated funded account, the trading activity of the Trader under these Terms and Conditions shall be reviewed by the Company to determine whether such trading activity constitutes Prohibited Trading. In the case of Prohibited Trading, the Trader shall not receive a simulated funded account.

EDUCATION

The Company does not provide any trader education. The intent of The Company is to identify individuals with a talent for trading. No live trading is provided directly by the Company. Such Traders who pass a challenge offered by the Company and pass Company’s risk analysis, shall be given a live simulated trading account with a separate agreement with Top One Funding.

Although The Company may provide data, information, and content relating to investment approaches and opportunities to make trades, such data, information and content is provided solely for general informational and educational purposes. The Company does not invite the Trader to take any action based upon any of the information and materials provided on by the Company; you should not construe any such data, information, or content as investment, financial, tax, legal, or other kind of advice.

The Company further does not make any representations that any data, information, and content on the Company website is accurate or complete. You alone will bear the sole responsibility of evaluating the merits and risks associated with using any such data, information, and content. As such, you agree not to hold the Company liable for any possible claims of damages that may arise from any decision that you make based upon the use of data, information, and content on the Company website.

While the Company does not provide you with the opportunity to invest actual currency, the Company wants to make sure you understand the risks involved with traditional investing. You should be aware that the risk of trading and investing is high and substantial. It can work for you as well as against you. It may or may not lead to substantial losses. Additionally, past performance is not indicative of future results.

As such, you should carefully consider whether trading and investing is right for you depending on your investment objectives, level of experience, and risk appetite. If you are unsure, you should consult with a financial advisor and/or tax advisor.

ACCOUNT CREATION

In order to register as a Trader, you may be asked to provide personal information, including, but not limited to your name, email address, mailing address, phone number, date of birth and a username and password for an account that is unique to you. The information provided is subject to the Company’s privacy policy.

The account will be personal to You, and You cannot share it with anybody else. You also may not purchase an account on behalf of a third party or have an account purchased for you by a third party. You will be responsible for maintaining the confidentiality of your username and password. If you suspect that your account has been breached, you must immediately notify the Company.

Traders are limited to one active account per challenge level, absent prior written approval.

REFUND POLICY

You pay a one-time fee for an attempt at the Trading Challenge. The provision of this Challenge is a service. Since services are being rendered instantaneously upon purchase, there are no refunds. All transactions made are final. If you are purchasing a challenge through Top One Trader, LLC you are doing so in acknowledgement that you will not be refunded.

DISPUTE POLICY

Clients who improperly dispute charges or request chargebacks with their bank will be permanently banned from the Platform. Please contact our email support if you have any questions.

ACCEPTANCE OF THIS POLICY

It is your responsibility to familiarize with all trader rules and policies as outlined in our Frequently Asked Questions for each challenge type. By placing an order for any of our products, you indicate that you understand and agree to all rules and fully accept the terms of this agreement and that you understand we have a no refund policy. If you do not agree with or fully accept the rules, terms of agreement, or refund policy, we ask that you do not place an order with us. Please contact us at [email protected] should you have any questions.