Terms & Conditions

1.1. NG Funding Ltd. (“we”, “our”, “us” or “NGF”) provides a range of services through the website https://www.thenextgenfunding.com/ (the “Website”). These services, including proprietary trading, are governed by these Terms and Conditions (the “Terms”). These Terms establish the legal relationship between NGF and the User who access the Website, use the Services, or interact with us in any way.
1.2. These Terms outline the entire relationship between you and NGF. We reserve the right to modify the Terms at our discretion, with such changes becoming effective immediately upon being posted on the Website. It is your responsibility to review the Terms before you use our Services.
1.3. In line with our commitment to continuous improvement, we may adjust the Services, including adding or removing features, introducing new content or discontinuing older offerings. Such changes may occur due to: (i) adapting to new technologies, (ii) shifts in the number of users of a particular service, (iii) changes in our agreements with third-party service providers, (iv) preventing misuse or harm, or (v) addressing legal, regulatory, safety, or security concerns.
1.4. The Services include tools for simulated trading in various instruments in the financial markets. We also offer analytical tools, training and educational materials and other related services accessible through the Client Portal, or applications provided by us or third parties. While financial market information is utilized in simulated trading, you acknowledge that all trading conducted through our Services is not real. Additionally, you recognize that the funds allocated for trading are fictitious (demo funds), and you do not have any ownership rights to these funds outside of their intended use within the Services. Specifically, these funds cannot be used for actual trading, and you are not entitled to receive any payment of these funds. Unless agreed otherwise, you will not receive any compensation or profits based on the results of your simulated trading, nor will you be responsible for any losses incurred.
1.5. None of the Services offered by NGF can be classified as investment services according to applicable laws. NGF does not offer any guidance, instructions, or information on how to conduct transactions when using the Services or any similar information regarding the traded investment tools. Furthermore, NGF does not accept such guidance or instructions from you. None of the Services should be interpreted as investment advice or recommendations. No employees, staff, or representatives of NGF are authorized to provide investment advice or recommendations. If any statements or information from an employee, staff member, or representative of NGF are perceived as investment advice or recommendations, NGF explicitly disclaims any responsibility for such interpretations and asserts that they do not constitute investment advice or recommendations.
1.6. By signing, clicking “I Agree,” “Accept,” or any similar button or link, or by installing, accessing, or using Our Services, you expressly acknowledge and agree that you, or the entity you represent, are entering into a legal agreement with NGF and agree to comply with and be bound by these Terms, including Our Privacy Policy.
1.7. Please review these Terms thoroughly before using or continuing to use any of our Services. The Terms contain key information regarding your relationship with us. If you do not agree with any part of these Terms or any modifications to them, you should immediately discontinue using the Services. We encourage you to carefully read both the Terms and our Privacy Policy to make informed decisions.

2. Definitions

2.1. Capitalized terms will carry the meanings assigned to them in these Terms unless otherwise required by the context.
2.1.1. “Account” refers to a User’s specific account that grants access to the Trading Platform and Services, allows viewing of current Services, signing up for new offerings, and managing personal information and profile settings.
2.1.2. “User,” “You,” or “Your” describe any person who browses the Website or registers for an Account.
2.1.3. “Evaluation” refers to a simulated training environment where we assess your trading performance for the possibility of becoming a Funded User. During this phase, you have access to tools for simulated trading, analytics, training, educational content, and related services.
2.1.4. “Forbidden Territory” refers to any jurisdiction where our Services are not available, including, but not limited to: Afghanistan, Antarctica, Antigua and Barbuda, the Republic of Belarus, Belize, Bhutan, Bouvet Island, Burundi, Cape Verde, Central African Republic, Chad, Cook Islands, Comoros, Republic of the Congo, Cuba, Djibouti, Dominica, Equatorial Guinea, Eritrea, Fiji, Gabon, Gambia, Grenada, Guinea, Guinea-Bissau, Holy See (Vatican City State), India, Iraq, Kazakhstan, Kiribati, Kosovo, Kyrgyzstan, Lesotho, Liberia, Malawi, Mali, Mauritania, Marshall Islands, Micronesia, Nauru, Niger, Niue, Papua New Guinea, the Russian Federation, Saint Barthélemy, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome and Principe, Seychelles, Sierra Leone, Solomon Islands, Somalia, South Sudan, Sudan, Suriname, Swaziland, Tajikistan, Timor-Leste, Tokelau, Tonga, Turkmenistan, Tuvalu, Ukraine, Uzbekistan, Vanuatu, Venezuela, Western Sahara, Syria, Myanmar, North Korea, Pakistan, Libya, USA.
2.1.5. “Funded User” refers to a user who has successfully completed the evaluation and verification process. It is important to understand that the funds provided to you trading are purely fictitious. You do not have any ownership rights to these fictitious funds outside of their intended use within our services.
2.1.6. “Trading Platform” mean MetaTrader 5, cTrader or any other trading platform that we may offer from time to time, where the simulated trading takes place.
2.1.7. “Intellectual Property” refers to all intellectual property rights globally, whether registered or not, including but not limited to: (a) patents, know-how, inventions, and research data; (b) copyrights, mask work rights; (c) protection of trade secrets and confidential business information; (d) trademarks, service marks, logos, and domain names; (e) all other proprietary intangible property rights; and (f) extensions, renewals, and future rights associated with the above.
2.1.8. “KYC” and/or“KYB” stands for Know Your Customer/Business, the process by which businesses verify client identities and assess potential regulatory risks in the business relationship.
2.1.9. “Sanctions Regime” encompasses all economic or financial sanctions, trade restrictions, and anti-terrorism laws imposed or enforced by:

• The U.S. (via agencies like the U.S. Department of the Treasury’s OFAC or U.S. Department of State).
• The United Nations Security Council.
• The European Union.
• The United Kingdom.
• Any other applicable regions as determined over time.
  2.1.10. “Services” as outlined in the ‘Services’ section.
  2.1.11. “Trading” involves simulated trading environments where you execute trading instructions using fictitious funds in simulated real-world scenarios.

3. Eligibility

3.1. Anyone may browse our website and view the information available, provided they adhere to these Terms.
3.2. To access the Trading Platform and utilize the Services, you must first register for an Account/purchase a challenge.
3.3. You may be eligible to create an Account if: (i) you are at least 18 years old or of legal age in your jurisdiction, whichever is higher; (ii) you have the legal capacity to agree to and be bound by these Terms; (iii) you are not a retail trader; (iv) you do not live in a Forbidden Territory; and (v) you comply with these Terms. We reserve the right to accept or reject any application at our discretion.
3.4. We follow Anti-Money Laundering (AML), KYC and/or KYB protocols to comply with applicable laws. These checks may apply at any stage, especially after passing the Evaluation and as a requirement to become a Funded User. You may be required to provide documents like government-issued ID. We may also obtain information from third parties to verify your identity and share it with third-party services for conducting AML/KYC/KYB checks. Policies may change, and previously approved Accounts may face restrictions based on risk assessments.
3.5. We comply with sanctions regulations, meaning our Services are unavailable in regions restricted by a sanctions regime or according to our updated policies.
3.6. If you live in a jurisdiction where using the Services is legally prohibited, you cannot enter into this agreement or use the Services. By using the Services, you confirm that you have verified the legal status of the Services in your location. Those who access the Website and use the Services do so at their own risk and must comply with local laws if applicable.
3.7. You are responsible for ensuring that use of these Terms complies with all relevant laws, rules, and regulations. Access to the Website or Services will be revoked if the Terms or their use conflicts with applicable legal requirements, or where the provision of the Website or Services is prohibited by law.

4. The License Intellectual Property

4.1. We will make reasonable efforts to provide you with a limited, personal, revocable, non-exclusive, non-transferable, and non-sub-licensable license to use the Website, Trading Platform, and Services solely for internal and personal purposes. This includes any updates, modifications, or enhancements, if such use complies with these Terms. You will not gain any ownership rights to the Website or Services beyond those expressly granted, and all usage must adhere to these Terms. We reserve the right to monitor and review all usage to ensure compliance with the License and the Terms.
4.2. We retain full ownership of all rights, titles, and interests, including Intellectual Property Rights, related to the Website and any associated documentation provided by us.
4.3. You understand and agree that you do not acquire any rights, titles, or interests in the Website, Trading Platform, or Services beyond what is specifically granted under these Terms. We reserve all rights not explicitly provided.
4.4. Without our prior written consent, you may not and must not authorize any third party to:
4.4.1. to access or use the Website, whether for payment or free of charge.
4.4.2. Translate, modify, adapt, copy, or reproduce any aspect of the Website, or merge it with other programs.
4.4.3. Sublicense, lend, rent, distribute, commercialize, sell, resell, or transfer the Website in any manner.
4.4.4. Create a product or service that competes with the Website or Services or develop identical or similar functionality.
4.4.5. Reverse engineer, decompile, disassemble, or attempt to discover the source code or bypass mechanisms of the Website.
4.4.6. Create derivative works based on the Website.
4.4.7. Compile or collect information about the Website for commercial purposes or to create competing products or services.

5. Registration Process

5.1. Account opening: To access the Trading Platform and use our Services, you must create an Account, purchase a challenge and provide accurate, up-to-date, and valid information.
5.2. User Verification Process: After completing the Evaluation stage, you must verify your Account to become a Funded User. We may conduct this User Verification Process at any time, at our discretion. The process, its steps, and requirements may change based on security protocols, particularly AML rules. This may involve video interviews, identification documents, and additional information to ensure you have not exploited the system or breached Trading Rules. For more details, refer to the “Termination for Cause” section.
5.3. Accurate and Updated Information: You confirm that all information and documents provided to us are valid, current, accurate, and complete. If any information changes, you must update us as soon as possible. We may request additional information as needed to comply with legal regulations, such as AML or Sanctions Regimes, for as long as you remain a Funded User.
5.4. Accessing Services: Once your Account is successfully registered, you can log in to the Trading Platform and access the Service.
5.5. No Guarantee of Acceptance: Successfully completing the User Verification Process does not guarantee acceptance as a Funded User, even if all requested information has been provided. Legal or commercial factors may result in us discontinuing the process, meaning the individual will not pass the verification process.

6. Account

6.1. Prohibition of multiple accounts: Unless we grant prior written approval, each User is allowed only one Account. Creating multiple accounts is prohibited. If a second account (referred to as a “Double-Account”) is made, we reserve the right to block and lock that account.
6.2. Prohibition of shared Accounts: Shared or joint accounts are not allowed. Each Account must belong to a single individual or legal entity, provided they meet the necessary requirements.
6.3. No Account Transfers: You are not permitted to transfer your Account to another person or entity, whether by sale, donation, or any other means.
6.4. Address Changes: You must keep your contact information, such as your email address, current and accurate. If you do not notify us of any changes, communication sent to your old email address will still be considered as delivered.

7. User Obligations

7.1. As a User, you agree to:
7.1.1. Be legally competent and in good legal standing in your place of residence.
7.1.2. Promptly fulfill any contractual obligations or assistance required in connection with the Services.
7.1.3. Provide your primary residence during the Client Verification Process.
7.1.4. Inform us promptly of any changes to your personal data, such as name, address, or email, especially if it does not match the information in our system.
7.1.5. Keep your internet browser and operating systems updated to ensure security.
7.1.6. Inform us immediately if you lose the ability to enter into or maintain any contracts.
7.1.7. Ensure the security of your systems and data, including using strong passwords, keeping your software updated, implementing security measures, and reporting any vulnerabilities to our support team.

8. Services

8.1. We may offer the following Services, as shall be updated from time to time, at our discretion.
8.2. Trading Platform: Users can register for free on our Trading Platform, which offers a range of resources such as study materials, webinars, YouTube videos, and blog posts to enhance learning. The platform also provides access to the Evaluation and Funded User stages (for eligible users). Additional services, content, and community features may be introduced, which could be subject to additional terms.
8.3. Evaluation: The Evaluation stage is a simulated environment where your performance in trades is assessed to determine your eligibility to become a Funded User. This stage offers tools for simulated trading, analytical tools, educational resources, and related services. Prior trading experience and an understanding of the Evaluation programs are necessary. If you meet the profit targets, pass the User Verification Process, and comply with the terms, you may become a Funded User. If you fail, you are not entitled to a refund, though you can try again by purchasing another challenge. All trades during the Evaluation are simulated, funds used and any profits are fictitious. You are not entitled to any actual currency or rights to these funds. Fees for the Evaluation vary by program and are non-refundable if the evaluation is not completed or if you fail to meet the conditions. Detailed fee information is available on our website.
8.4. Funded User: If you successfully complete the Evaluation and Verification Process, you may be offered the opportunity to become a Funded User. Your personal data may be shared with third parties for assessment. Even if you pass the Evaluation and Verification, there is no guarantee of acceptance. Funded Users may also be required to adhere to specific risk parameters in their trades. Acceptance as a Funded User will be governed by additional terms, which you must agree to.
8.5. Third Party Services: We may involve third-party companies to perform certain services. Any authority or liability granted to us extends to these third parties. If you choose to use services offered by third parties, it is solely between you and them, and we bear no responsibility. You must agree to their terms, and any fees they charge are your responsibility.
8.6. Trading Platform Credits: Users may receive Trading Platform Credits, which can be redeemed for platform services. These credits have no real currency value and cannot be used for actual trading or withdrawn. NGF will determine how these credits can be used, and once rewards are converted into credits, they cannot be changed back to fiat currency. Credits with the earliest expiration date will be used first. Credits are non-refundable, and we reserve the right to modify their use at any time.

9. Payment Terms

9.1. Evaluation Program Fees: Fees for Evaluation program options are stated in US Dollars. Payments in local currencies will be converted to U.S. Dollars at current exchange rate. The service fees include all taxes, but it is your responsibility to fulfill any tax obligations related to using our Services according to the law. You must also pay any applicable taxes or fees.
9.2. Payment Methods: You can pay the fee for your chosen Evaluation program using card, bank transfer, or any other payment methods we may offer on our Website.
9.3. Payment Procedures: The payment is considered complete once the full amount is received in our account. If you fail to pay on time, we may cancel your order. Users are responsible for any additional fees imposed by the payment service provider and must ensure the full fee for the selected Evaluation program is covered. Most of the payment methods we offer are instant.
9.4. Third-Party Payment: If you are redirected to a third-party website to complete your payment, that website’s terms will govern your transaction. If you choose to provide credit card details or other personal financial data to third parties, you do so at your own risk. We advise reviewing the terms and privacy policies of third- party providers. We are not liable for any misuse of your information by third parties.

10. Refund

10.1. Non-Refundable Fee: Once you begin trading in the Evaluation, the fee is non- refundable. However, if no trading activity has occurred and you have not violated any Terms, you may request a refund within 14 days of your purchase.

11. Termination Rights

11.1. Termination for Cause. We reserve the right to terminate our relationship with you or suspend, block, or limit your access to our Services for specific reasons, which include but are not limited to the following:
11.1.1. If we have reason to believe that you have been convicted of or accused of violating criminal, administrative, or tax laws (including media reports or rumors), such as involvement in fraud, terrorist financing, money laundering, tax evasion, Ponzi schemes, high-risk business practices, illegal gambling, intellectual property violations, or the distribution of prohibited goods or substances.
11.1.2. If any official investigations by competent authorities (such as prosecutors or financial regulators) are initiated or threatened against you for violating criminal, administrative, financial, or tax laws.
11.1.3. If you have violated your obligations under our Terms or those of Third-Party Services, and you fail to fix the violation within 10 business days after being notified by us.
11.1.4.
11.1.5. If you make an unjustified complaint or dispute a fee paid to us with your bank or payment service provider, leading to a refund or cancellation of the fee. In this case, we may stop providing services to you and refuse future service.
11.1.6. If we believe you are using your account for commercial or marketing purposes (such as selling services related to passing the Evaluation stage) or are making defamatory statements or publishing harmful content about NGF, including unauthorized disclosure of private communications.
11.1.7. If we believe you are involved with a competing firm or there is suspicion of a conflict of interest.
11.1.8. If you engage in Prohibited Conduct or violate our trading rules, which include but are not limited to:
11.1.8.1. Exploiting Market or System Inefficiencies:
• Arbitrage trading (including hedge arbitrage, reverse arbitrage, latency arbitrage, or price discrepancy exploitation).
• Trading based on system errors, price feed delays, display errors, or external/slow data feeds.
• Using strategies that manipulate overnight rollover price feeds.
11.1.8.2. Unfair Trading Strategies & Manipulation:
• High-frequency trading (HFT), including executing trades within a few seconds to exploit price movements.
• Tick scalping.
• Bracketing orders around high-impact news events.
• Engaging in gap trading to exploit price gaps.
• One-sided betting or overleveraging trades that pose excessive financial risk.
• Trading methods that contradict normal forex or financial market practices.
• Passing a challenge with a single high-risk trade without demonstrating consistent trading activity.
11.1.8.3. Prohibition of Gambling Practices:
• Engaging in inappropriate risk management, such as gambling, “all-in” trading, or excessively leveraging positions.
• Trading activity that resembles gambling, such as consistently placing trades prior to news releases or other binary events.
• Excessive risk-taking, defined by the percentage of an account risked in a single trade or across a series of trades.
• An “all-in” trade, which involves committing all or a substantial portion of available capital or margin to a single trade.
• Improper use of leverage, where a trader risks a significant portion of their account in one trade or across a series of one-directional trades.
11.1.8.4. Coordinated or Third-Party Trading Activities:
• Copying trades from others or coordinating trades with other accounts.
• Reverse trading or group hedging within NGF accounts or accounts held with other entities.
• Trading on behalf of others, account sharing, or reselling an account.
11.1.8.5. Unauthorized Use of Technology or Automation:
• Using software, AI, bots, or mass data entry methods to manipulate or gain an unfair advantage.
11.1.8.6. Violating NGF’s Trading & Platform Rules:
• Circumventing geographical or technical restrictions.
• Executing trades that contradict the terms and conditions of the trading platform or client portal.
• Performing any activity that NGF deems uncommercial, market-manipulating, or non-viable as a trading strategy.
• Manipulating NGF systems manually or with automated tools in ways that deviate from normal intended use.
11.1.8.7. Fraudulent or Unauthorized Account Use:
• Trading on an account without proper legal authorization.
• Providing false, incomplete, outdated, or misleading information to conceal identity or the origin of funds
11.1.8.8. You are responsible for staying updated on our Trading Rules and Prohibited Conduct, which may change at any time without notice. For more information on prohibited trading practices, please refer to our website.

12. Use of Automated Trading Software

12.1. User’s Obligations for Automated Trading Software: Users may use their own custom, algorithmic, or automated trading software (referred to as “Automated Trading Software”) under the following conditions:
12.1.1. Users must inform NGF in writing and receive written approval before using any Automated Trading Software.
12.1.2. No Automated Trading Software may be used without NGF’s prior written consent, which is granted at the NGF’s discretion.
12.1.3. Users must indemnify NGF from any claims related to intellectual property infringement caused by the Automated Trading Software and cover any associated losses, costs, or legal fees.
12.1.4. All expenses related to the use of Automated Trading Software are the responsibility of the User.
12.1.5. The NGF may request prior testing of the software and prohibits the use of Automated Trading Software owned or developed by third parties, except that created by the User.
12.1.6. No Guarantees on Success: The use of Automated Trading Software does not guarantee success during the Evaluation or Funded stages. Approval from NGF for the use of such software does not imply endorsement or guarantee of success.

13. Data Protection

13.1. Respect for Privacy: Personal data collected through the Website and Services will be managed according to the Privacy Policy, which can be found on our website.

14. Confidentiality

14.1. NGF’s Proprietary Information: NGF has invested significant time and resources in developing its trading methods, systems, educational materials, and strategies, all of which are considered confidential. This information is shared with the User only as part of the Services.
14.2. Non-Disclosure Obligations: Users agree not to disclose or use NGF’s confidential information without prior written consent, except where required by law. If disclosure is required, Users must promptly notify NGF with details of the disclosure, including what information was shared, to whom, and for what purpose.

15. Risks

15.1. No advice or guarantees: The content provided by NGF should not be interpreted as legal or financial advice. NGF does not provide advice on legal, financial, investment, insurance, or tax matters. All information is for educational purposes only. Users are responsible for determining if the Services are suitable for their needs and should consult a professional advisor before making decisions. NGF does not guarantee any specific results from using its Services.
15.2. Software Vulnerabilities: Despite efforts to create secure software, NGF cannot guarantee the complete absence of flaws. Users accept the risks associated with software weaknesses and acknowledge that no system is entirely secure. Any issues with security breaches or vulnerabilities are at the User’s risk.
15.3. Service Availability: The Website and Services may experience interruptions due to maintenance or technical issues, whether planned or unplanned. NGF will inform Users in advance of planned maintenance when possible, and unplanned maintenance will be addressed as quickly as possible.
15.4. Legal and Regulatory Risk: Changes in laws or regulations may affect the availability or structure of the Services. NGF will adapt to remain compliant, but some Services may be limited or terminated. NGF has the right to reject applications or close accounts for regulatory or policy reasons.
15.5. Risk of phishing and Social Engineering: Users should be cautious of phishing attacks via SMS, email, or other fraudulent links. Always access your account directly through the official website: www.thenextgenfunding.com. Phishing attempts can also happen through search engines or ads.
15.6. Tax implications: Using the Services may result in tax liabilities, depending on local laws and international treaties. Users are responsible for complying with all relevant tax laws, including declaring trades and profits. NGF does not provide tax advice or warnings about potential tax implications.
15.7. Monitoring: NGF employs monitoring systems to ensure security, compliance, and adherence to regulations. Information may be shared with regulatory or law enforcement agencies when required. NGF operates in compliance with applicable regulations and cooperates with official requests for information from any competent authorities.

16. Data Accuracy

16.1. While we strive to provide precise and timely information on the Website, such information may not always be fully accurate, complete, or up-to-date, and it may contain technical inaccuracies or typographical errors. To maintain the accuracy and completeness of information, updates may occur periodically without prior notice, including changes to our policies, products, and Services. Therefore, you should verify any information before relying on it, as any decisions made based on information from the website or app are your sole responsibility, and we accept no liability for those decisions. Links to third-party materials (including websites) are provided for convenience but are not under our control. You acknowledge and accept that we are not responsible for the information, content, or services offered in any third-party materials or on any third-party websites linked to our Website.

17. Disclaimers From Us

17.1. Service Condition: subject to applicable laws, our services are provided “as is,” “with all faults,” and “as available,” without any warranty. Your use of our services is at your own risk. We, along with our licensors and service providers, do not make any representations or warranties of any kind, whether express, implied, statutory, or otherwise. This includes, but is not limited to: (a) any warranty that the services will function without interruption, errors, or vulnerabilities, or that content will be secure or not lost or damaged; (b) any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non- infringement; (c) any warranty arising from any course of performance, dealings, or trade usage; or (d) that our services or the server hosting them are free of viruses or errors, that the content is accurate, that services will be uninterrupted, or that defects will be fixed.
17.2. Liability Disclaimer: WE MAKE NO WARRANTIES OR REPRESENTATIONS AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICES OR CONTENT; (II) ANY DAMAGE TO YOUR COMPUTER SYSTEM, DATA LOSS, OR OTHER HARM ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR CONTENT; (III) THE DELETION OF, OR FAILURE TO STORE OR TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES; (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE SECURELY, WITHOUT INTERRUPTION, OR ERROR-FREE; AND (V) ANY SECURITY BREACHES OR SYSTEM VULNERABILITIES DUE TO CODING ERRORS, DESIGN FLAWS, MALICIOUS CODE, MALWARE, BOTS, WORMS, TROJANS, BACKDOORS, EXPLOITS, CHEATS, FRAUD, HACKS, HIDDEN DIAGNOSTICS, OR OTHER MECHANISMS THAT DISABLE SECURITY OR CONTENT PROTECTION.
17.3. No Warranty from Information: No advice or information, whether oral or written, obtained from us or through the services will create any warranty or representation. Except as expressly stated in these terms, we disclaim all warranties and conditions, express, implied, or statutory, including but not limited to implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. You acknowledge that you have not entered into this agreement based on any warranty or representation except those specifically stated in these terms. Some jurisdictions may not allow the disclaimer of implied terms in consumer contracts, so some or all disclaimers in this section may not apply to you.
17.4. Lawful Use Disclaimer: WE DO NOT WARRANT THAT YOUR USE OF THE SITES OR SERVICES IS LAWFUL IN ANY JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY USING THE WEBSITE OR SERVICES, YOU DO SO AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR SERVICES.
17.5. Broker-Dealer Disclaimer: You acknowledge and agree that we are not a broker- dealer and do not trade securities on our or anyone else’s behalf as part of the website or services, nor do we provide direct financial advice through the website or services. We are not liable for any losses or gains that may result from your activities, reliance on information from the sites or services, or your interactions with other users.
17.6. Investment Advice Disclaimer: The information presented has been prepared without regard to individual investment objectives, financial situations, or means. It is not intended as investment advice and does not address your personal financial situation. Many investments described on or through our website or services carry significant risks of loss, and any discussion of risks should not be considered exhaustive. We recommend consulting with your financial advisors regarding investment options and determining what might be suitable for your specific needs before investing. You acknowledge that you are solely responsible for your decisions and should not rely exclusively on information provided through the website or services for any decisions you make.
17.7. No Offer Disclaimer: The information and materials on the website or services do not constitute an offer to buy or sell, or a solicitation of an offer to buy or sell, any security, financial product, or instrument, nor to participate in any specific trading strategy.
17.8. Risk Parameters: NGF reserves the right to require Funded Users to apply specific risk parameters to effectively assess risk in their accounts. These parameters may include, but are not limited to, leverage limits or position size restrictions. Please note that these requirements may be temporary and subject to periodic review and adjustment by NGF as needed.

18. Limitation of Liability

18.1. NGF, along with its parent companies, subsidiaries, partners, affiliates, and their respective employees, agents, officers, and directors, shall not be liable to you for any indirect, incidental, special, punitive, exemplary, or consequential damages. This includes any loss of profits, lost or corrupted data, lost opportunities, monetary loss, or property damage, even if you or anyone else has informed us of the potential for such damages. This limitation also applies to any claims from third parties related to your access, use, or content of our Website or Services, or any linked websites, as well as reliance on any tools, functionalities, information, or other content associated with the Website or Services, regardless of the legal theory under which claims are made. Since some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, this limitation may not be applicable to you. In such cases, our liability will be restricted to the fullest extent allowed by law. We reserve the right to modify, change, replace, add, or remove any features and functions of the Website and/or Services at any time without compensation. We are not responsible for failures to provide the Website and/or Services due to technical or operational issues beyond our control, including but not limited to force majeure events or legal obligations imposed by public authorities.
18.2. Our liability for any claims, regardless of whether they arise from contract, warranty, tort, strict liability, or otherwise, for any losses or damages related to these terms or their performance or breach, or any product or service, shall not exceed the greater of (a) the amount you paid us for our Services in the prior month or (b) $100. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you. In those jurisdictions, our liability will be limited to the maximum extent allowed by law.

19. Miscellaneous

19.1. Disclosure to authorities: Under applicable AML and Sanctions regulations, we are required to maintain specific information about you for as long as necessary according to the law. Additionally, we may be obliged to report any suspicious activity to the relevant authorities. We reserve the right to disclose any information related to you and your account if mandated by any court or regulatory authority, such as during criminal investigations, and we will cooperate with such authorities as legally required.
19.2. Electronic signatures: All documents executed will be in electronic form, including your acceptance of the terms presented on our website. You waive any right to demand a traditional (non-electronic) signature or the delivery and retention of non-electronic records, as long as this is permitted by law.
19.3. No waiver of rights: Our failure to enforce any term, right, or remedy under these Terms at any time shall not be considered a waiver of that term or right. It will not affect our ability to enforce or exercise it in the future, provided that such rights are not time-barred, expired, or precluded.
19.4. Survival: The Terms will continue to apply and remain in effect after the termination of the business relationship until all obligations are fully resolved.
19.5. Contractual language: If these Terms are published in multiple languages, the English version will prevail in case of any disputes or discrepancies.
19.6. Order of precedence: If there is any conflict between the content on the Website and these Terms, the Terms will take precedence.

20. Governing Law

20.1. These Terms and the relationship between you and us will be governed by and interpreted in accordance with the laws of St. Lucia. You irrevocably submit to the exclusive jurisdiction of the competent courts in St. Lucia for any disputes related to the validity, breach, interpretation, performance, or any other issues arising from these Terms and your relationship with us, subject to applicable law.

21. Jurisdiction

21.1. All contractual and non-contractual disputes, disagreements, or claims between NGF and you will fall under the exclusive jurisdiction of the courts in St. Lucia, subject to applicable law.