Terms of Service

1. Definitions

“Account” means any evaluation, challenge, instant, or funded account issued to you within the Services. “Evaluation” means any assessment programme used to determine eligibility for a Funded Account. “Funded Account” means a simulated account on which you may become eligible to receive a performance reward. “Reward” or “Payout” means a discretionary payment made to you for performance demonstrated on a Funded Account. “Rules” means the plan-specific trading objectives and restrictions applicable to your Account.

Words importing the singular include the plural and vice versa. Headings are for convenience only and do not affect interpretation.

2. Nature of the Services — Simulated Only

Kiwi Funded provides an educational and evaluation service built around simulated (demo) trading environments. Every Account — including any Account described as “funded” — operates exclusively on virtual balances and simulated market data. No Account holds real money, and no order you place results in a transaction on any live market, exchange, or with any counterparty.

Kiwi Funded is not a broker, dealer, bank, exchange, custodian, money-services business, portfolio manager, or investment adviser. We do not accept deposits, we do not hold client funds for trading, and nothing in these Terms creates a brokerage, custodial, advisory, agency, partnership, or fiduciary relationship. Fees you pay are consideration for access to the evaluation service and are not deposits, investments, or funds held on your behalf.

3. Eligibility and Registration

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into a binding contract. You may not use the Services if you are located in, resident in, or a national of any jurisdiction where the Services are restricted, or if you are subject to any applicable sanctions or watch-list.

You agree to provide accurate, current and complete registration and verification information, to keep it up to date, and to maintain the security of your login credentials. You are responsible for all activity that occurs under your Account. We may refuse, restrict, suspend, or terminate registration or access at our sole discretion, including to comply with law or to protect the integrity of the Services.

4. One Person, One Identity

Each Trader may hold Accounts only in their own legal name and for their own benefit. Account sharing, selling, renting, transferring, or trading on behalf of another person is strictly prohibited. Operating more than one identity, or coordinating Accounts across multiple Traders to obtain an advantage, is a material breach.

Where we detect, or reasonably believe, that Accounts are linked, coordinated, or operated in breach of this Section — including by shared identity, payment method, device, or IP address — we may take any action described in Section 12, including breaching all connected Accounts.

5. Fees, Purchases and Taxes

Fees for evaluations, resets, and other services are displayed at the point of sale and are payable in advance. All fees are stated exclusive of any taxes unless otherwise indicated; you are responsible for any applicable taxes, and for any taxes arising on any Reward you receive. Purchasing an evaluation grants access to a simulated evaluation service only; it does not entitle you to any Funded Account, Reward, or particular outcome.

Refunds are governed by the Refund & Liability Policy. Except as required by law or as expressly stated in that policy, all fees are non-refundable, and the Services are considered rendered in full upon granting Account access.

6. Account Rules and Trading Objectives

Your Account is subject to the Rules of the plan you purchased, including any maximum daily loss, maximum overall loss/drawdown, profit target, minimum activity, consistency, and minimum/maximum trading-day requirements. Those Rules are shown at purchase and in your dashboard and terminal, and are incorporated into these Terms by reference.

Hard-limit breaches are detected automatically and are final. We may amend Rules prospectively and, where practical, will communicate material changes; your continued use after a change constitutes acceptance.

7. Prohibited and Restricted Conduct

You must not: (a) share, sell, rent, or transfer an Account; (b) use multiple or false identities; (c) exploit errors, bugs, latency, stale or off-market pricing, or any vulnerability in the Services; (d) engage in hedging across Accounts, group hedging, coordinated trading, or trade copying between Accounts or Traders; (e) use prohibited automation, bots, or third-party data feeds; (f) engage in latency or price-feed arbitrage; (g) launder money or use the Services for any unlawful purpose; or (h) attempt to gain unauthorised access to, interfere with, reverse engineer, scrape, or overload the Services.

We are the sole judge of whether conduct is prohibited or abusive. The Challenge Agreement and Trader Agreement contain further detail and also apply.

8. Intellectual Property

All software, platforms, content, trademarks, logos, data, and materials in the Services are owned by Kiwi Funded or its licensors and are protected by intellectual-property laws. You receive a limited, revocable, non-exclusive, non-transferable licence to use them solely for the permitted purpose. You may not copy, modify, distribute, publish, or create derivative or competing works.

9. Third-Party Services

The Services may rely on or link to third parties (for example payment processors, identity-verification providers, and market-data sources). We are not responsible for third-party services, and your use of them may be subject to their own terms. Market data may be delayed, simulated, or approximate and must not be relied upon as an accurate representation of any live market.

10. No Advice

Nothing in the Services constitutes financial, investment, legal, tax, or other professional advice, or a solicitation or recommendation to trade any instrument. You are solely responsible for your own decisions and conduct.

11. Disclaimers and Limitation of Liability

The Services are provided “as is” and “as available”, without warranty of any kind, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, availability, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that simulated pricing will match any live market.

To the maximum extent permitted by law, Kiwi Funded and its owners, officers, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profit, revenue, data, goodwill, or opportunity, arising out of or relating to the Services or these Terms. Because the Services are simulated and involve no real trading capital, you acknowledge that you cannot incur a real trading loss and that we are not responsible for any perceived or simulated loss.

To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of one hundred dollars ($100) or the total fees you actually paid to Kiwi Funded in the one (1) month immediately preceding the event giving rise to the claim.

12. Suspension, Breach and Termination

We may, at any time and without prior notice, suspend or terminate your access, breach any or all of your Accounts, void trades, and withhold, reverse, or cancel any Reward where we reasonably believe you have breached these Terms or any incorporated policy, engaged in prohibited conduct, provided false information, or created risk to us, our systems, or other users.

On termination, all licences granted to you cease and all simulated balances are void. Any pending Reward tainted by a breach is forfeited. Provisions that by their nature should survive termination (including Sections 5, 8, 10, 11, 13, 14 and 15) survive.

13. Indemnification

You agree to indemnify, defend, and hold harmless Kiwi Funded and its owners, officers, employees, contractors, and affiliates from and against any claim, demand, loss, liability, cost, or expense (including reasonable legal fees) arising out of or relating to your breach of these Terms or any incorporated policy, your violation of any law or third-party right, or your misuse of the Services.

14. Governing Law and Disputes

These Terms are governed by the laws applicable at Kiwi Funded’s place of establishment, without regard to conflict-of-laws rules. Any dispute will be resolved on an individual basis (not as a class action) through binding arbitration or the competent courts of that jurisdiction, at Kiwi Funded’s election, to the extent permitted by law. All determinations made by Kiwi Funded in respect of breaches, prohibited conduct, and Rewards are final and binding.

15. Changes; Entire Agreement; Miscellaneous

We may amend these Terms from time to time; the current version is always available within the Services and your continued use after a change takes effect constitutes acceptance. These Terms, together with the Rules and the Privacy Policy, Risk Disclosure, Refund & Liability Policy, Cookie Policy, AML Policy, KYC Policy, Trader Agreement, Challenge Agreement, and Affiliate Agreement, constitute the entire agreement between you and Kiwi Funded and supersede all prior understandings.

If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions remain in full force. Our failure to enforce any right is not a waiver. You may not assign these Terms; we may assign them freely.