FundingPicks Terms and Conditions
Date of Last Update: July 6, 2025
These Terms and Conditions form a binding legal agreement between you and us and apply to your use of any of our Games or our Platform in any way, through any electronic device (web, mobile, tablet or any other device). FundingPicks' contests are not games of chance and are designed to reward users solely based on their skill, knowledge, and decision-making in sports analysis. Chance plays no role in determining winners.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE A PROVISION WAIVING THE RIGHT TO PURSUE ANY CLASS, GROUP OR REPRESENTATIVE CLAIM AND REQUIRING YOU TO PURSUE PAST, PENDING, AND FUTURE DISPUTES BETWEEN YOU AND US THROUGH INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT WITHIN THE SPECIFIED TIME FRAME. SEE SECTION 21 FOR MORE INFORMATION.
You must read these Terms and Conditions carefully in their entirety before checking the box for acceptance. By checking the box for acceptance during the registration process, or by accessing the Games or creating a Customer Account, you confirm that you have read and agree to be bound by these Terms and Conditions.
If you do not agree with any provision of these Terms and Conditions or any other linked policy, rules or terms you may not install or use the Platform or play any Game.
FundingPicks is not a casino, sportsbook, or gambling operator and does not accept or place wagers of any kind. We do not facilitate betting in any capacity and do not promote or endorse illegal gambling. All content and services offered by FundingPicks are strictly for educational and entertainment purposes. No real money wagering takes place on our platform. All challenges operate using virtual Profit Points, which are used to simulate theoretical results based on real-time sports odds from established sportsbooks. Rewards and performance-based rewards are based solely on user-generated sports picking data and performance within our challenges.
FundingPicks operates under the laws of the Republic of Seychelles and complies with applicable skill-based gaming laws. We do not offer services where prohibited by local law. Participation is void where prohibited or restricted by law.
PLAYERS WORLDWIDE ARE ELIGIBLE TO ENTER OUR CONTESTS, SUBJECT TO LOCAL LAW RESTRICTIONS. PLEASE REFER TO SECTION 1.1 OF THE CONTEST RULES TO CHECK YOUR ELIGIBILITY.
1. DEFINITIONS
Collective Arbitration means any claim as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding.
Content means text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other material used, displayed or available as part of the Games and Platform.
Customer Account means an account held by a Registered Customer.
Fraudulent Conduct means any of the conduct described in section 10.1.
Game means a sports prediction challenge on fundingpicks.com. You can participate in either Standard mode or Pro mode. For all games you will use your skill to progress through Phase 1, then Phase 2 and finally complete the Funded phase. Games offered through the Platform are Contests of skill. Each of our Contests is governed by specific rules, as may be modified from time to time, which are set forth in the Contest official rules and are incorporated into these Terms by reference.
Winners are determined by the objective criteria described in the Contest rules and other documentation associated with the Contest. Contest winners are determined by the individuals who use their skill and knowledge of relevant sports information to achieve a winning result according to the scoring rules for that Contest.
The Services may not be used for any form of gambling, wagering, sports betting, or other game of chance, and you hereby agree that the Games do not constitute any form of gambling, wagering, sports betting, or other game of chance and you agree not to assert any of those positions or to allow anyone else to assert those positions on your behalf.
Inactive Account means a Customer Account which has not recorded any log in or log out for a period exceeding 12 consecutive months.
Participate means playing any Games or using our Platform in any manner whatsoever, including any of the conduct described in section 3.
Payment Administration Agent means the service provided through any related body corporate, affiliate, or third party we appoint to act as our agent.
Payment Medium means any card, online wallet, financial/bank account or other payment medium used to participate.
Platform means the services provided through any URL or mobile application belonging to, or licensed to, FundingPicks, including the website located at fundingpicks.com and all subdomains, subpages and successor sites thereof, as well as all Games, features, tools and services available thereon.
Player or you means any person who Participates, whether or not a Registered Customer.
Performance-based rewards means performance-based rewards won when redeemable for valuable performance-based rewards in accordance with the Contest Rules.
Registered Customer means a Player who has successfully registered a Customer Account, whether that account is considered active or not.
Contest Rules means the Contest Rules available on the Platform. See: https:/help.fundingpicks.com
Terms and Conditions means these terms and conditions, as amended from time to time.
Third Party Website means a third party website not controlled by us.
FundingPicks, we, us or our refers to FundingPicks, a company incorporated in the Republic of Seychelles.
2. OPERATION
2.1. FundingPicks offers skill-based sports prediction contests where you can put your sports knowledge and analytical skills to the test for an opportunity to win real-world reward value performance-based rewards (the "Contest").
2.2. Our platform provides educational content and skill-based challenges that simulate sports prediction scenarios using virtual currency and theoretical outcomes.
3. YOUR PARTICIPATION
Restrictions
3.1. You declare and warrant that:
(a) you are over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence and are, under the laws applicable to you, legally allowed to participate in the Games offered on the Platform;
(b) participation in our Games is legal in your jurisdiction of residence;
(c) you participate in the Games strictly in your personal capacity for recreational and entertainment purposes only;
(d) you participate in the Games on your own behalf and not on the behalf of any other person;
(e) all information that you provide to us during the term of validity of these Terms and Conditions is true, complete and correct, and you will immediately notify us of any change to such information;
(f) money that you use to purchase entry into Games is not tainted with any illegality and, in particular, does not originate from any illegal activity or source, or from ill-gotten means;
(g) you will not purchase from a business or corporate account, but only an account held in your name;
(h) you will not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third parties' participation in any of the Games and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behavior;
(i) in relation to purchases, you must only use a valid Payment Medium which lawfully belongs to you.
3.2. It is a Player's responsibility to ensure that their Participation is lawful in their jurisdiction. Any person who is knowingly in breach of section 3, including any attempt to circumvent restrictions, for example, by using a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your location or place of residence, is in breach of these Terms and Conditions.
Eligible Players
3.3. Employees of FundingPicks, any of their respective affiliates, subsidiaries, holding companies, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Games and their immediate family (spouse, parents, siblings and children, whether the relationship is by birth, marriage or adoption) and household members (people who share the same residence at least 3 months of the year) are not eligible to Participate.
4. LICENSE
4.1. Subject to your agreement and continuing compliance with these Terms and Conditions, FundingPicks grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Platform and the Content through a supported Web browser or mobile device, solely for your personal, private entertainment and no other reason.
4.2. These Terms and Conditions do not grant you any right, title or interest in the Platform or Content.
4.3. You acknowledge and agree that your license to use the Platform is limited by these Terms and Conditions and if you do not agree to, or act in contravention of, these Terms and Conditions, your license to use the Platform (including the Games and Content) may be immediately terminated.
4.4. Where the Platform or any Game is deemed to be illegal under the laws of the jurisdiction in which you reside or are situated, you will not be granted any license to, and must refrain from accessing, the Platform or relevant Game.
4.5. We take every effort to ensure that accurate, up-to-date scoring is applied across all Contests. However, FundingPicks does not guarantee the accuracy of any scoring or statistical corrections. Official scores and results will be posted at the conclusion of the sporting event or competition once it has been declared official and all official statistics are posted. However, in some cases, clear and obvious statistical corrections posted by either FundingPicks' third-party data provider or the official statistics provider for the event or competition may be retroactively applied to entries and taken into consideration for determining how to score the Contest at FundingPicks' discretion.
4.6. FundingPicks, in its sole discretion, may disqualify you from a Contest or the entire Service, refuse to award Performance-based rewards, require the return of any Performance-based rewards, or suspend, limit, deactivate or terminate your Account if you engage in conduct FundingPicks deems, in its sole discretion, to be improper, unfair, fraudulent, in violation of the Terms or is otherwise adverse to the operation of the Service or in any way detrimental to other users.
5. YOUR CUSTOMER ACCOUNT
Single Account
5.1. You are allowed to have only one Customer Account, including any Inactive Account, on the Platform. If you attempt to open more than one Customer Account, all accounts you have opened or try to open may be suspended or closed and the consequences described in section 19.3 may be enforced.
5.2. You must notify us immediately if you notice that you have more than one registered Customer Account, whether active or not, on the Platform. DO NOT CREATE A NEW CUSTOMER ACCOUNT IF YOU WISH TO CHANGE YOUR EMAIL, ADDRESS OR SURNAME.
Accuracy
5.3. You are required to keep your registration details up to date at all times. If you change your address, email, phone number or any other contact details or personal information, contact Customer Support in order to update your details. The name that you provide to us at registration must be identical to that listed on your government issued identification.
Security and Responsibility of Your Customer Account
5.4. As part of the registration process, you will have to choose a password to login into the Platform.
5.5. It is your sole and exclusive responsibility to ensure that your Customer Account login details and any Payment Mediums are kept secure and are only accessible by you. You accept full responsibility for any unauthorized use of your Customer Account and any activity linked to your Customer Account, including by a minor (which in all events is prohibited).
5.6. You must not share your Customer Account or password with another person, let anyone else access or use your Customer Account or do any other thing that may jeopardize the security of your Customer Account.
5.7. If you become aware of, or reasonably suspect that security in your Customer Account has been compromised, including loss, theft or unauthorized disclosure of your password and Customer Account details, you must notify us immediately.
5.8. You are solely responsible for maintaining the confidentiality of your password and you will be held responsible for all uses of your Customer Account, including any purchases made under the Customer Account, whether those purchases were authorized by you or not.
5.9. You are solely responsible for anything that happens through your Customer Account, whether or not you undertook those actions. You acknowledge that your Customer Account may be terminated if someone else uses it and engages in any activity that breaches these Terms and Conditions or is otherwise illegal.
5.10. We are not responsible for any abuse or misuse of your Customer Account by third parties due to your disclosure of your login details to any third party, whether such disclosure is intentional or accidental, active or passive.
Account Transfers
5.11. You may not transfer between Customer Accounts, or from your Customer Account to other players, or to receive from other Customer Accounts into your Customer Account, or to transfer, sell or acquire Customer Accounts. Any attempt to circumvent these prohibitions is ground for immediate closure of your Customer Account, without prejudice to any other rights or remedies available to us.
Inactive Customer Accounts
5.12. We reserve the right to close your Customer Account if it is deemed to be an Inactive Account.
Closing of Customer Accounts
5.13. If you wish to close your Customer Account you may do so at any time by contacting Customer Support and submitting a request to close your Customer Account. Closing your Customer Account will forfeit all continued access to and right to use, enjoy or benefit from the Platform.
5.14. If the reason behind the closure of your Customer Account is related to concerns about possible responsible gaming issues you must indicate this in your request to close your Customer Account.
5.15. You may be able to reopen your Customer Account by sending a request to the Customer Support team. All requests for the re-opening of an account will be evaluated by our Customer Support and Compliance teams, who abide by strict customer protection guidelines.
Discretion to Refuse or Close Accounts
5.16. We reserve the right to place limits on, suspend, close, or refuse to open a Customer Account in our sole discretion. If we close your Customer Account pursuant to section 19.1 of these Terms and Conditions, the consequences set out in section 19 shall apply.
6. GAMES
Rules
6.1. Games offered on the Platform may have their own specific rules which are available on the Platform. It is your responsibility to read the rules of a Game before playing. You must familiarize yourself with the applicable terms of play and read the relevant rules before playing any Game.
6.2. All Games are skill-based contests that require knowledge of sports, statistics, and analytical thinking. No element of chance determines the outcome of any Game.
Purchases
6.3. The Payment Medium you use to purchase entry into Games must be legally and beneficially owned by you and in your name. If it comes to our attention that the name you registered on your Customer Account and the name linked to your Payment Medium differ, your Customer Account will be immediately suspended.
6.4. We reserve the right to request documents and information to verify the legal and beneficial ownership of the Payment Medium you use to make purchases. We may grant or restrict access to certain Payment Mediums at our sole discretion.
6.5. You agree that we and our Payment Administration Agents and payments facilitators may store your payment information (e.g., card number or token) to process your future purchases.
6.6. No Refunds. Purchases are final and are not refundable, transferable or exchangeable, except in specific circumstances outlined in our refund policy. You agree to notify us about any billing problems or discrepancies within 30 days from the date of your purchase. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies.
You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted using your Customer Account (even if not authorized by you).
If any payment deposit is charged back, any winnings generated from Contests shall be invalidated, forfeited and deducted from your account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. In the event that, following such deductions, your Account balance is in a negative balance, you expressly acknowledge and agree that such negative balance shall constitute an uncontestable debt payable by you to us, due and payable immediately. FundingPicks reserves the right to close your Account without notice should a deposit be charged back.
Void Games
6.7. We reserve the right to declare Participation in a Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the pay-table, win-table, minimum or maximum stakes, odds or software.
Final Decision
6.8. In the event of a discrepancy between the result showing on a user's device and the FundingPicks server software, the result showing on the FundingPicks server software will be the official and governing result.
7. PROMOTIONS
7.1. All promotions, including contests, special offers and bonuses, are subject to these Terms and Conditions, the Contest Rules and to additional terms that may be published at the time of the promotion.
7.2. In the event and to the extent of any conflict between these Terms and Conditions and any promotion-specific terms and conditions, the promotion-specific terms and conditions will prevail.
7.3. FundingPicks reserves the right, at its sole discretion, to withdraw or modify such promotions (including their availability) without prior notice to you.
7.4. If, in the reasonable opinion of FundingPicks, we form the view that a Registered Customer is abusing any promotion, to derive any advantage or gain for themselves or other Registered Customers, including by way of Fraudulent Conduct, we may, at our sole discretion, withhold, deny or cancel any advantage, bonus or Performance-based reward as we see fit.
8. REDEMPTION OF PERFORMANCE-BASED REWARDS
Prize Redemption Methods
8.1. Subject to these Terms and Conditions:
(a) When you choose to redeem Performance-based rewards for real-world reward value, the real-world reward value payment will be made to the Payment Medium from which you purchased, or if this is not technically possible, then to an alternative financial account you nominate, provided that account is legally and beneficially owned by you. We reserve the right to require the use of the same payment method for redemption of Performance-based rewards as was used to purchase, or a specific payment method at our own discretion.
Limits and Fees
8.2. When you choose to redeem Performance-based rewards for real-world reward value, it is your sole responsibility to ensure that your financial institution will accept payment from us into your bank account. FundingPicks has no obligation to check whether your financial institution will accept payments from us to your nominated bank account.
8.3. We will not make payments into an account or online wallet which does not match your verified name or the name you provided when registering your Customer Account, or that is not legally and beneficially owned by you.
8.4. Where you are required to provide the details of your financial institution, bank account or online wallet, you agree that you are solely responsible for the accuracy of those details. You further agree that, where you have chosen to redeem Performance-based rewards for real-world reward value and the details you have provided are not accurate, and we have processed the payment using the details you have provided, the redemption of that reward is complete and we cannot and are not required to reverse or reissue the payment.
9. VERIFICATION
Verification Checks
9.1. You agree that we are entitled to conduct any identification, credit and other verification checks that we may reasonably require or that are required of us under applicable laws and regulations or by relevant regulatory authorities or to otherwise prevent financial crime.
9.2. Until all required verification checks are completed to our satisfaction:
(a) any request you have made for redemption of Performance-based rewards will remain pending; and
(b) we are entitled to restrict your Customer Account in any manner that we may reasonably deem appropriate, including by suspending or closing your Customer Account.
10. FRAUDULENT CONDUCT
10.1. You will not, directly or indirectly:
(a) hack into any part of the Games or Platform through password mining, phishing, or any other means;
(b) attempt to modify, reverse engineer, or reverse-assemble any part of the Games or Platform;
(c) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;
(d) engage in any form of cheating or collusion;
(e) use the Platform and the systems of FundingPicks to facilitate any type of illegal money transfer (including money laundering proceeds of crime);
(f) participate in or take advantage of, or encourage others to participate in or take advantage of schemes, organizations, agreements, or groups designed to share special offers, bonuses, or identification documents for the purpose of misleading FundingPicks as to a Player's identity.
10.2. You must not use the Platform for any unlawful or fraudulent activity or prohibited transaction (including Fraudulent Conduct) under the laws of any jurisdiction that applies to you. We monitor all transactions in order to prevent money laundering.
10.3. If FundingPicks suspects that you may be engaging in, or have engaged in fraudulent, unlawful or improper activity, including money laundering activities or any conduct which violates these Terms and Conditions, your access to the Platform will be suspended immediately and your Customer Account may be closed. If your Customer Account is suspended or closed under such circumstances, FundingPicks is under no obligation to reverse any purchases you have made or to redeem any Performance-based rewards that may be in your Customer Account.
10.4. If you suspect any unlawful or fraudulent activity or prohibited transaction by another Player, please notify us immediately through our Customer Support channels.
11. INTELLECTUAL PROPERTY
11.1. The computer software, the computer graphics, the Platform and the user interface that we make available to you is owned by, or licensed to, FundingPicks or its associates and protected by intellectual property laws. You may only use the software for your own personal, recreational uses in accordance with all rules, terms and conditions we have established (including these Terms and Conditions and the Contest Rules) and in accordance with all applicable laws, rules and regulations.
11.2. You acknowledge that FundingPicks is the proprietor or authorized licensee of all intellectual property in relation to any Content.
11.3. Your use of the Games and Platform does not provide you with any intellectual property rights in the Content, Games or Platform.
11.4. You grant us, and represent and warrant that you have the right to grant us, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way we see fit, any information, images, videos, comments, messages, music or profiles you publish or upload to any website or social media page controlled and operated by FundingPicks.
11.5. You must not reproduce or modify the Content in any way, including by removing any copyright or trademark notice.
11.6. All trademarks and logos displayed in the Games and Platform are the property of their respective owners and are protected by applicable trademark and copyright laws.
12. THIRD PARTY WEBSITES, LINKS AND SERVICES
Third Party Websites
12.1. You acknowledge and agree that FundingPicks:
(a) is not responsible for Third Party Websites; and
(b) makes no guarantee as to the content, functionality, or accuracy of any Third Party Website.
12.2. Third Party Websites are subject to the terms and conditions outlined by that third party.
Links
12.3. Any links to Third Party Websites do not:
(a) indicate a relationship between FundingPicks and the third party; or
(b) indicate any endorsement or sponsorship by FundingPicks of the Third Party Website, or the goods or services it provides, unless specifically indicated by FundingPicks.
12.4. Where a website controlled and operated by FundingPicks contains links to various social networking sites, such as Facebook® and Twitter®, you acknowledge and agree that:
(a) any comments or content that you post on such social networking sites are subject to the terms and conditions of that particular social networking site;
(b) you will not post any comments that are false, misleading or deceptive or defamatory to us, our employees, agents, officers or other players; and
(c) we are not responsible or liable for any comments or content that you or others post on social networking sites.
13. DISRUPTIONS AND CHANGES
No Warranties
13.1. The Platform is provided on an "as is" basis and to the fullest extent permitted by law, we make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Platform (including the Games and Content).
Malfunctions
13.2. FundingPicks is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to Game play, nor attempts by you to Participate by methods, means or ways not intended by us.
13.3. FundingPicks accepts no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with any Platform or its Content including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of a Platform or its Content or any errors or omissions in Content.
13.4. In the event of a Platform system malfunction all Game play on that Platform is void.
13.5. FundingPicks reserves the right to remove any part of the Games from the Platform at any time. Any part of the Games that indicate incorrect behavior affecting reward redemption, game data, balances, that may be due to misconfiguration or a bug, will be cancelled and removed from the Platform. Player balances and account details may be altered by FundingPicks in such cases in order to correct any mistake.
Changes to the Platform
13.6. FundingPicks reserves the right to suspend, modify, remove or add Content (including its availability) to the Platform at its sole discretion with immediate effect and without notice to you. We will not be liable to you for any loss suffered as a result of any changes made or for any modification to, or suspension, unavailability, or discontinuance of, the Platform (including any Game, promotion, challenge or Content thereon) and you will have no claims against FundingPicks in such regard.
Service Suspension
13.7. We may temporarily suspend the whole or any part of the Platform for any reason at our sole discretion. We may, but will not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Platform, as soon as is reasonably practicable, after such temporary suspension.
14. TERRITORIAL AVAILABILITY
14.1. The Platform, or any feature thereof (including any and all Games, promotions, challenges and Content), may not be available in all territories and jurisdictions and FundingPicks makes no representation that the Platform is or shall remain available for use in any particular territories and jurisdictions. You acknowledge and agree that FundingPicks may (at its sole discretion) change, restrict or prohibit the availability of all or a portion of the Platform in certain territories and jurisdictions at any time, and you will have no claims against FundingPicks in such regard.
15. VIRUSES AND SECURITY
15.1. Although we take all reasonable measures to ensure that the Platform is free from viruses we cannot and do not guarantee that the Platform is free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.
15.2. You agree not to attempt to gain unauthorized access to any portion of the Platform, other accounts, computer systems or networks connected to the Platform, through hacking, password mining or any other means.
16. PRIVACY POLICY
16.1. FundingPicks is committed to protecting and respecting your privacy and complying with all applicable data protection and privacy laws.
16.2. Our Privacy Policy is inseparably linked to these Terms and Conditions and its acceptance is a prerequisite to account registration. The Privacy Policy can be found at https://fundingpicks.com/privacy-policy.
17. MARKETING COMMUNICATIONS
17.1. You consent to receive marketing communications from FundingPicks in respect of its offerings by way of email, post, SMS and telephone notifications, any of which you may unsubscribe from at any time by contacting Customer Support or using the unsubscribe mechanisms provided in such communications.
18. CUSTOMER SUPPORT AND COMPLAINTS
18.1. We may provide you with customer support services including live chat, email support, and other communication channels.
18.2. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND FUNDINGPICKS SHOULD BE CARRIED OUT USING THE EMAIL ADDRESS THAT YOU HAVE REGISTERED AGAINST YOUR CUSTOMER ACCOUNT. FAILURE TO DO SO MAY RESULT IN OUR RESPONSE BEING DELAYED.
18.3. The following information must be included in any written communication with FundingPicks (including a complaint):
(a) your username;
(b) your first and last name, as registered on your Customer Account;
(c) a detailed explanation of the complaint/claim; and
(d) any specific dates and times associated with the complaint/claim (if applicable).
18.4. Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to your complaint/claim in a timely manner.
18.5. In some circumstances, we may require up to 20 calendar days to respond to a complaint. In this case, you will be informed of the delay within 10 calendar days of lodging the complaint.
19. CLOSURE/SUSPENSION OF ACCOUNT
19.1. We reserve the right, at our sole discretion, to suspend or close your Customer Account (notwithstanding any other provision contained in these Terms and Conditions) where we have reason to believe that you have engaged or are likely to engage in any of the following activities:
(a) you breached, or assisted another party to breach, any provision of these Terms and Conditions or the Contest Rules, or we have a reasonable ground to suspect such breach;
(b) you have more than one Customer Account, including any Inactive Account, on the Platform;
(c) the name registered on your Customer Account does not match the name on your Payment Medium used to make purchases;
(d) your communication with us consists of harassment or offensive behavior, including (but not limited to) threatening, derogatory, abusive or defamatory statements, or racist, sexually explicit, pornographic, obscene or offensive language;
(e) your Customer Account is deemed to be an Inactive Account;
(f) you become bankrupt or insolvent;
(g) you provide incorrect or misleading information;
(h) your identity or source of wealth or source of funds (if requested) cannot be verified;
(i) you attempt to use your Customer Account through a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your citizenship, location or place of residence;
(j) you are not over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence;
(k) you are located in a jurisdiction where Participation is illegal or where you are ineligible to Participate;
(l) you have allowed or permitted (whether intentionally or unintentionally) someone else to Participate using your Customer Account;
(m) you have participated in tandem with other Player(s) as part of a club, group, etc., or participated in the Games in a coordinated manner with other Player(s);
(n) Where FundingPicks has received a "charge back", claim or dispute and/or a "return" notification via your Payment Medium;
(o) you have failed our due diligence procedures, or are found to be colluding, cheating, money laundering or undertaking any kind of fraudulent activity;
(p) it is determined by FundingPicks that you have employed or made use of a system (including machines, computers, software or other automated systems such as bots) which give you an unfair advantage;
(q) you do not meet the criteria set out in our Customer Acceptance Policy.
19.2. If FundingPicks suspends or closes your Customer Account for any of the reasons referred to in section 19.1 above, you will be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by FundingPicks arising therefrom and you will indemnify and hold FundingPicks harmless on demand for such claims.
19.3. If we have reasonable grounds to believe that you have participated in any of the activities set out in section 19.1 then we reserve the right to withhold all or part of the balance or recover from your Customer Account any Performance-based rewards.
19.4. If your Customer Account is suspended or closed it will not be possible for you to access your Customer Account during any suspension period.
19.5. The rights set out in section 19 are without prejudice to any other rights that we may have against you under these Terms and Conditions or otherwise.
20. INDEMNITY AND LIMITATION OF LIABILITY
Indemnity
20.1. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND OUR AFFILIATES, AND OUR RESPECTIVE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBCONTRACTORS, LICENSORS, SUPPLIERS AND AGENTS AGAINST ANY AND ALL COSTS, EXPENSES, LIABILITIES AND DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR OTHER) ARISING FROM ANY PARTICIPATION BY YOU, INCLUDING WITHOUT LIMITATION:
(a) ACCESSING OR USING THE PLATFORM;
(b) RE-USE OF ANY CONTENT AT, OR OBTAINED FROM, THE PLATFORM OR ANY OTHER SOURCE WHATSOEVER;
(c) FACILITATING OR MAKING A PAYMENT INTO YOUR CUSTOMER ACCOUNT;
(d) PLAYING THE GAMES THROUGH ANY DELIVERY MECHANISM OFFERED; AND
(e) ACCEPTANCE AND USE OF ANY PERFORMANCE-BASED REWARD.
21. Limitation of Liability
21.2. Maximum Liability Protection To the fullest extent permitted by applicable law, FundingPicks and its affiliates, including our respective officers, directors, employees, shareholders, agents, licensors, contractors, and service providers, shall not be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages. This includes, but is not limited to, lost profits, business opportunities, business interruption, lost revenue, income, goodwill, data loss, or other intangible losses arising from or relating to your use of the FundingPicks platform or your participation in any trading challenges or competitions.
21.3. Damage Cap Under no circumstances shall FundingPicks, our affiliates, or our respective officers, directors, employees, shareholders, agents, licensors, contractors, or service providers be liable to you for damages exceeding the amount you have paid to FundingPicks in the thirty (30) days immediately preceding the date you first assert any claim. If you have not made any payments to FundingPicks during this thirty (30) day period, your sole remedy for any dispute is to discontinue use of the platform and close your account.
21.4. Essential Agreement Terms You acknowledge that these warranty disclaimers, indemnification provisions, and liability limitations are fundamental elements of this agreement and were considered in determining the terms of your access to the FundingPicks platform. Where you reside may determine the enforceability of certain limitations, and those limitations shall not apply to you to the extent prohibited by local law.
21.5. Negligence and Willful Misconduct Exception These terms do not exclude FundingPicks' liability for death or personal injury directly caused by our negligence or willful misconduct.
21.6. Survival Clause This limitation of liability section remains in effect after termination of these terms for any reason.
22. Financial and Legal Disclaimers
22.1. Not a Financial Institution FundingPicks is not a financial institution. You will not receive interest on any outstanding performance-based rewards or account balances, and you should not treat FundingPicks as a bank or financial services provider.
22.2. No Professional Advice FundingPicks does not provide tax, legal, or financial advice. Participants seeking professional guidance on tax, legal, or financial matters should consult with qualified advisors in their jurisdiction.
22.3. Marketing and Performance Disclaimers All testimonials, case studies, and promotional materials represent individual experiences and do not guarantee similar results. FundingPicks does not make misleading claims about expected performance or guaranteed outcomes from participation in our trading challenges.
23. Dispute Resolution
23.1. Informal Resolution Before initiating any formal proceedings, you must attempt to resolve disputes by contacting FundingPicks customer support at support@fundingpicks.com. We will work with you in good faith to resolve any issues. If no resolution is reached within 30 days of the initial dispute notification, either party may pursue other available remedies.
23.2. Class Action Waiver TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER YOU NOR FUNDINGPICKS MAY: CONSOLIDATE DISPUTES WITH OTHER PARTIES; PARTICIPATE IN CLASS, COLLECTIVE, OR MASS PROCEEDINGS; OR SEEK DAMAGES FOR THIRD PARTIES. ANY DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS.
24. General Provisions
24.1. Complete Agreement These terms constitute the entire agreement between you and FundingPicks regarding your participation, superseding all prior communications except in cases of fraud.
24.2. Amendments FundingPicks reserves the right to modify these terms at any time. Changes will be published on the platform and take effect immediately upon posting.
24.3. Notice of Material Changes For amendments that limit your rights or may be detrimental to you, we will notify you during your next platform visit and require confirmation before you can continue using FundingPicks services. If you disagree with amended terms, you must stop using the platform.
24.4. Tax Responsibilities You are solely responsible for all applicable taxes from your participation, including transaction taxes in your jurisdiction. Annual winners of $600 or more must provide updated address and social security information to FundingPicks for tax compliance. We may be required to file Form 1099-MISC with the IRS for winnings exceeding $600 and may request Form W-9 completion. Account activity may be suspended until proper tax documentation is provided. FundingPicks reserves the right to withhold amounts required by law. You remain responsible for filing and paying all applicable taxes and must provide requested information for tax form preparation.
24.5. Force Majeure FundingPicks is not liable for performance delays or failures caused by events beyond our reasonable control.
24.6. No Partnership These terms do not create any agency, partnership, trust, fiduciary relationship, or joint enterprise between you and FundingPicks.
24.7. Severability If any provision is deemed invalid or unenforceable, it will be severed while remaining provisions stay in effect to the fullest extent permitted by law. Invalid provisions will be amended to reflect the original intent as closely as possible.
24.8. Terms Explanation We strive to make these terms clear and fair. For questions about these terms or any aspect of the FundingPicks platform, contact our support team at support@fundingpicks.com.
24.9. Term Precedence These written terms take precedence over any email or chat communications.
24.10. Communication Recording All correspondence between you and FundingPicks may be recorded for quality assurance and legal purposes.
24.11. Assignment Rights These terms are personal to you and cannot be assigned or transferred without FundingPicks' written consent. FundingPicks may assign these terms to any third party without notice to you.
24.12. Business Transfers In the event of a merger, acquisition, or asset sale involving FundingPicks, your account and associated data may be transferred to the acquiring party. We will notify you via email or platform announcement and explain your options regarding the transfer.
24.13. Language These terms may be published in multiple languages for accessibility, but only the English version constitutes the legal basis of our relationship. In case of discrepancies, the English version prevails.
24.14. Governing Law These terms and your use of FundingPicks will be governed by applicable law where you reside or access our services.
24.15. Contact Information To contact FundingPicks:
Support: support@fundingpicks.com
Last Updated: [Current Date] Version: 2.0
