Legal · 01

Terms of Service

Last updated: August 29, 2026

This is a working template prepared for Profirms. Replace the highlighted placeholders and have a licensed attorney review it before launch — proprietary trading programs face jurisdiction-specific rules.

1. Who we are & what you're agreeing to

These Terms of Service ("Terms") are a binding agreement between you and [YOUR LEGAL ENTITY NAME, e.g. Profirms LLC] ("Profirms," "we," "us"). By purchasing, pre-ordering, or using any Profirms evaluation or funded account program (the "Services"), you accept these Terms, our Refund Policy, Privacy Policy, and the published program rules on our website (together, the "Agreement").

2. What Profirms is — and is not

Profirms provides simulated futures trading evaluations and funded trader programs using live market data in a simulated environment. Profirms is not a broker-dealer, futures commission merchant, registered investment adviser, or financial institution, and nothing in the Services is investment, legal, or tax advice. Evaluation fees purchase access to a skills-assessment program; they are not deposits, and virtual balances in evaluation and funded accounts have no cash value except as expressly provided for payouts under Section 7.

3. Eligibility

You must be at least 18 years old and legally able to enter contracts.
You must register with accurate, current information and keep it updated.
Accounts are personal. One trader per account; no sharing, selling, or transferring logins.
We may refuse, limit, or close accounts at our discretion, including where the Services are unavailable in your jurisdiction.

4. Pre-orders

A pre-order locks your founding price and reserves an evaluation account, with login credentials delivered on launch day. Pre-orders are fully refundable any time before credential delivery, as described in the Refund Policy.

5. Program rules

Each account size has a published profit target, end-of-day drawdown buffer, and maximum position size, shown in the rulebook on our website at the time of your purchase. Core rules for all accounts:

Drawdown is calculated once per trading day at 5:00 PM ET from your end-of-day balance. It does not trail intraday. The buffer locks once it reaches your starting balance.
All positions must be flat by 4:59 PM ET.
Exceeding your buffer or position limits fails the evaluation or funded account.
We may update rules prospectively; the rules in force when you purchased govern that account.

6. Prohibited conduct

The following void an evaluation or funded account without refund of used fees and forfeit pending payouts:

Exploiting simulation errors, demo-fill advantages, data glitches, or latency, or any strategy that profits from the simulated environment rather than the market.
Coordinated or opposing trades across multiple accounts (yours or others') to hedge outcomes.
Using more than one identity, purchasing accounts to circumvent a ban, or letting anyone else trade your account.
Unauthorized automation, reverse engineering, or interference with the platform.
Any unlawful activity or market abuse.

7. Funded accounts, payouts & going live

Passing an evaluation qualifies you for a funded account governed by the same rule set.
Profit split: you receive 90% of approved payouts; Profirms retains 10%.
After five approved payouts on a funded account, you become eligible for a live account backed by real capital, on every account size, under the same rules.
Identity verification (KYC) is required before your first payout. Payouts derived from prohibited conduct may be denied.
You are an independent contractor, not an employee, and are solely responsible for your own taxes.

8. Chargebacks

Contact support@profirms.com before disputing a charge — most issues resolve quickly. Filing a chargeback on a fee you validly incurred results in immediate account termination and a ban from the Services, and we may recover amounts owed.

9. Disclaimers

Futures trading involves substantial risk of loss and is not suitable for every person. The Services are provided "as is" and "as available," without warranties of any kind; market data is supplied by third parties and outages or errors may occur.

Hypothetical performance disclosure. Hypothetical or simulated performance results have inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading, and since the trades have not been executed, results may under- or over-compensate for the impact, if any, of certain market factors such as lack of liquidity. Simulated trading programs are also designed with the benefit of hindsight. No representation is made that any account will or is likely to achieve profits or losses similar to those shown.

10. Limitation of liability

To the maximum extent permitted by law, Profirms is not liable for indirect, incidental, special, consequential, or punitive damages, or lost profits. Our total liability for any claim is limited to the fees you paid to us in the 12 months before the claim arose.

11. Indemnification

You will indemnify and hold Profirms harmless from claims arising out of your breach of this Agreement or misuse of the Services.

12. Termination

You may stop using the Services at any time. We may suspend or terminate accounts that breach this Agreement. Sections that by nature should survive (including 8–11 and 13) survive termination.

13. Governing law & disputes

This Agreement is governed by the laws of [YOUR STATE / COUNTRY], without regard to conflict-of-law rules. Disputes will be resolved in the courts of [VENUE][OPTIONAL: or by binding arbitration — ask your attorney].

14. Changes & contact

We may update these Terms; material changes will be announced by email or on the site, and continued use after changes means acceptance. Questions: support@profirms.com.