Eden Terms And Conditions

TERMS AND CONDITIONS – TECHNOLOGY ACCESS AND TRADER EVALUATION PROGRAM

1. APPLICABILITY OF THESE TERMS
   These Terms and Conditions (Terms) form an agreement between you and Eden Funding (the
   Company) and define the conditions applicable to your Account and the use of our Services
   (including any Evaluation Program or activities as a Funded Trader, or related services). By
   creating an Account and using our Services, you confirm that you have read, understood, and
   agree to these Terms. These Terms take effect immediately upon successful registration of your
   Account and will remain in effect until terminated according to Section 18 or when you
   discontinue using the Services.
2. PARTICIPATION AND TRADING SKILL EVALUATION
   2.1 Evaluation of Trading Skills
   (a) By creating an Account and paying the required Access Fee, you agree to have your trading
   abilities assessed by Eden Funding within a proprietary simulated environment (designed by the
   Company) based on the Evaluation Criteria associated with your selected Evaluation Program.
   (b) You will be granted access to our Trading Platform, which you will use to place Trades.
   These Trades will be evaluated by the Company according to the Evaluation Criteria.
   2.2 Funded Trader Role
   (a) If you meet the necessary Evaluation Criteria, the Company may offer you a role as a
   Funded Trader. Acceptance of this role is at your discretion. The offer is not guaranteed,
   regardless of whether you meet the Evaluation Criteria. (b) As a Funded Trader, you will receive
   a simulated Bankroll (amount determined by your selected Evaluation Program) for conducting
   Trades, aiming to generate a Notional Net Profit each Trading Period. (c) If you meet the
   Funded Trader Criteria for a given period, you will receive a Trader Payment. (d) Failure to meet
   the Funded Trader Criteria means you will not receive a Trader Payment for that Trading Period.
   (e) As a Funded Trader, you will not be required to deposit money to fund your Bankroll or cover
   any negative trading outcomes. All trading activities and monetary amounts are simulated and
   not conducted in a live trading environment.
   2.3 Simulated Trading Environment
   All Trades will be executed on our simulated Trading Platform and will not involve live trading.
   Although real market data may be utilized, your Trades remain representative only and do not
   engage with real financial markets.
3. INITIAL PROVISIONS
   3.1 Amendments to Terms
   The Company may change these Terms at any time to ensure compliance with legal or
   regulatory requirements, protect our systems and users, or maintain service delivery in a
   commercially sustainable manner. Significant changes will be communicated to you before or as
   soon as possible after they are implemented.
   3.2 Definitions
   The following terms are used throughout these Terms:
   ● Access Fee: The fee payable by you for participation in the Evaluation Program, as
   outlined in the Program & Fees Schedule.
   ● Account: The account you establish with us to use our Services.
   ● Evaluation Criteria: The specific criteria associated with each Evaluation Program,
   detailed in the Program & Fees Schedule.
   ● Evaluation Program: The trading evaluation program you select when establishing your
   Account.
   ● Bankroll: The simulated value allocated to you as a Funded Trader for placing
   representative Trades.
   ● Confidential Information: All proprietary and sensitive information, including technical
   data, processes, know-how, trade secrets, and the terms of these Terms.
   ● Funded Trader: An individual who has accepted the Company’s offer to trade using
   simulated real-time data on the Trading Platform.
   ● Funded Trader Criteria: The requirements a Funded Trader must meet to qualify for
   Trader Payments, as detailed in the Program & Fees Schedule.
   ● Services: The trading technology (including the Trading Platform) and assessment
   services we provide.
   ● Trades: Simulated forex and contracts-for-difference (CFD) trades executed on the
   Trading Platform.
   ● Trader Payments: Payments you receive upon satisfying the Funded Trader Criteria.
   3.3 Interpretation
   The following rules apply in interpreting these Terms:
   ● Singular terms include their plural counterparts.
   ● The term “including” is not limiting.
   ● Headings are for reference and do not affect interpretation.
   3.4 Incorporation of Program & Fees Schedule
   The Program & Fees Schedule is an integral part of these Terms. In case of any discrepancy,
   the provisions in the Program & Fees Schedule take precedence.
4. RESIDENCY AND LEGAL DISCLAIMER
   By using our Services, you confirm that you are not a citizen or resident of a Restricted Territory.
   You agree to comply with all applicable laws and indemnify the Company from any liability
   arising from illegal or unauthorized use of the Services. If your residency status changes, you
   must notify us immediately. In compliance with sanctions laws, we reserve the right to suspend
   or terminate your access without notice. Refunds are not provided for any breach of this clause.
5. SERVICES OVERVIEW
   (a) Our Services are provided strictly for Permitted Use as detailed in these Terms. (b) The
   Services, including the Trading Platform, are provided “as is.” We do not guarantee the
   accuracy, completeness, or uninterrupted access to the Platform and assume no responsibility
   for system errors, viruses, or delays due to communication failures. (c) The Company offers
   technology, administrative, and assessment services only and does not engage in the provision
   of financial products or services. (d) Users bear all costs for servicing, repairs, or problem
   resolution unless caused by our gross negligence. (e) We may limit trading positions or refuse
   any trade at our discretion.
6. NO EMPLOYMENT OR PARTNERSHIP
   These Terms do not establish an employment, partnership, joint venture, or agency relationship
   between you and the Company.
7. ACCOUNT CREATION
   7.1 Application Process
   To create an Account, you must complete the Account Application Form on our website and
   provide all requested information, including documents for identity verification and compliance
   checks.
   7.2 Application Review
   Upon receiving your application, we will conduct internal reviews. You will be informed of your
   application status once the review is complete.
   7.3 Discretionary Acceptance
   We reserve the right to accept or reject applications at our sole discretion.
   7.4 Accuracy of Information
   You are responsible for the accuracy of the information provided and must notify us immediately
   of any changes.
8. ACCESS FEE
   8.1 Fee Payment
   You are required to select an Evaluation Program and pay the corresponding Access Fee in full to gain access to our Trading Platform. The Access Fee is non-refundable once the Evaluation
9. Period starts unless otherwise required by law.
10. 8.2 Voluntary Payment of Access Fee: By submitting an account application, users agree to
11. pay the access fee voluntarily. They must not file a chargeback without a valid reason,
12. especially once they have accessed services. The company reserves the right to counteract any
13. chargeback attempts, including recovering associated costs.
14. Assessment Program:
    ● Access to Trading Platform: After the access fee is paid, users gain entry to the trading
    platform, following criteria outlined in the “Schedule of Assessment Programs & Fees.”
    ● Assessment Period Restarts: Users generally cannot restart their assessment once
    initiated. Restarting may be allowed at the company’s sole discretion.
    ● Change of Assessment Program: Changes to assessment programs are at the
    company’s discretion and may incur additional costs.
    ● Live Demonstration: Users may be required to demonstrate their trading activities live,
    either via video or in-person.
15. Completion of Assessment Program: Successful completion depends on meeting the
    specified trading performance criteria. Users will be notified at the end of the assessment
    period.
16. Funded Trader:
    ● Offer: Even if the user meets assessment criteria, becoming a funded trader is not
    guaranteed. The decision is solely at the company’s discretion.
    ● Acceptance: Users can accept or reject the funded trader offer. Failure to respond
    within 30 days is deemed a rejection.
    ● Additional Information: Further information (such as identification and background
    checks) may be required before onboarding as a funded trader.
    ● Independent Contractor: Funded traders are considered independent contractors, not
    employees.
    ● Bankroll: Funded traders are given a bankroll to trade and aim for net profit.
    ● Trader Payments: Eligible traders receive payments in USD or another agreed
    currency.
17. Permitted Use & Restrictions:
    ● Permitted Use: Users must use services ethically and legally, complying with relevant
    laws.
    ● Restrictions: Users must not:
    ○ Share account access without permission.
    ○ Modify the trading platform.
    ○ Engage in illegal, unethical, or fraudulent activities.
    ○ Exploit errors or use insider information.
    ○ Use prohibited trading strategies (e.g., exploiting pricing errors, using multiple IP
    addresses).
    ● Contraventions: Violating these restrictions may lead to account suspension or
    termination, forfeiture of fees or payments, and disqualification from becoming a funded
    trader.
18. Taxes or Other Costs: Users are responsible for paying all applicable taxes or regulatory
    fees. If the company must withhold taxes, it can recover the withheld amounts from the user.
19. Intellectual Property:
    ● Ownership: The company retains ownership of all intellectual property related to its
    services and platform.
    ● Assignment: Users may need to assign any relevant intellectual property rights to the
    company.
    ● Indemnity: Users indemnify the company against any infringement of intellectual
    property rights.
20. Confidentiality:
    ● Use of Confidential Information: Confidential information must be used solely for
    performing obligations under these terms.
    ● Prohibited Disclosure: Users must not disclose or misuse confidential information,
    except under specific permitted circumstances (e.g., with consent, legal requirement).
    ● Return of Confidential Information: Upon request, users must return or destroy
    confidential information and may need to confirm compliance in writing.
21. Privacy and Data Protection:
    ● Collection: The company may collect information from users and third parties (e.g.,
    credit agencies).
    ● Usage: Personal information is handled per the company’s privacy policy and may be
    disclosed to related entities for specific purposes.
    ● Confidentiality: User information is treated as confidential and is used solely for
    providing services. Disclosure may occur in limited circumstances, such as legal
    requirements.
    ● The Company may disclose personal data to credit reference agencies, fraud prevention
    agencies, and other financial institutions for various purposes including credit checking
    and fraud prevention.
    ● Telephone conversations may be recorded for compliance and quality control purposes,
    with such recordings being the Company’s sole property.
    ● The Company can contact you by any communication method and will retain records
    related to you for at least five years after termination or expiry of the Terms.
    Clause 17: Indemnity and Limitation of Liability
    ● Each party indemnifies the other against claims arising from damage, personal injury, or
    death due to willful or negligent acts.
    ● The Company is not liable for indirect or consequential loss, or losses related to
    electronic system errors, delays, third-party actions, or unauthorized access to
    information.
    ● Liability is limited to the extent allowed by law.
    Clause 18: Termination or Discontinued Use of the Services
    ● You may discontinue use of the Services at any time but will not be entitled to a refund of
    the Access Fee, except for any remaining Trader Payments if applicable.
    ● The Company may terminate the Services without cause or for cause, such as a material
    breach or failure to remedy a breach.
    ● On termination, access to Services will be restricted, and Confidential Information must
    be returned or destroyed.
    ● Certain clauses will survive termination, including those related to confidentiality, liability,
    and dispute resolution.
    Clause 19: Force Majeure
    ● The Company is not liable for claims arising from events beyond its control, such as
    natural disasters, civil unrest, or system failures.
    Clause 20: Warranties Regarding Capacity and Status
    ● Each party warrants its capacity to enter into and perform obligations under these Terms.
    ● If acting as a trustee, additional warranties and restrictions apply.
    Clause 21: Notices
    ● Notices must be in writing, in English, and signed by an authorized person, delivered to
    the registered address or notified address.
    Clause 22: Dispute Resolution
    ● Disputes should be resolved through good faith negotiation, and if unresolved, can be
    referred to arbitration under LCIA Rules.
    ● Parties retain the right to seek injunctive relief from a competent court.
    Clause 23: General● Includes provisions on severability, waiver, variations, assignment, entire agreement,and governing law.

Applicant Confirmation & Acknowledgement
● I/we, being the above-named applicant, have read and understood the Terms and
Conditions accompanying this Account Application Form, and authorize Navastro Ltd
DBA Eden Funding (the Company) to establish an Account on my/our behalf. I/we
acknowledge and agree that I/we have voluntarily and fully consented to paying the
Access Fee corresponding to the Assessment Path I/we have selected above to the
Company. The Company may present this Confirmation and Acknowledgement as
evidence to refute any chargeback related to the Access Fee paid by me/us and may
recover from me/us any costs (including administrative and legal costs on a full
indemnity basis) incurred in refuting a chargeback or recovering an Access Fee
associated with an unsubstantiated chargeback.