Terms and Conditions

1. General
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These General Terms and Conditions ("Terms") govern the rights and obligations related to the use of services provided by Funded Unicorn GmbH, primarily offered through the website http://fundedunicorn.com and for future agreements between the Parties. The services are provided exclusively based on these Terms.
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These Terms are not directed at U.S. citizens or basically not – unless otherwise agreed – at individuals acting as entrepreneurs within the meaning of § 14 of the German Civil Code ("BGB"). An entrepreneur within the meaning of § 14 BGB is any natural or legal person or legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding a contract. It should be noted that Funded Unicorn GmbH does not provide services to individuals in the USA.
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The services of Funded Unicorn GmbH are only intended for persons over 18 years of age residing in a country where the services are available. By registering on the website http://fundedunicorn.com, you confirm that you are over 18 years old and are not acting as an entrepreneur within the meaning of § 14 BGB.
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Information about our company: Funded Unicorn GmbH, Alter Schlachthof 51, 76131 Karlsruhe, Germany, Mannheim District Court HRB 740077, Email: info@fundedunicom.com.
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Only the registered user is entitled to receive our services. A transfer of the contract to a third party is only possible with our express written consent.
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The contract language is German. Translations are for readability purposes only.
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None of the services we offer can be considered as investment services, as Funded Unicorn GmbH only offers trading on demo accounts. These demo accounts are accounts with fictitious funds used only in a simulated environment. Therefore, Funded Unicorn GmbH does not provide users with instructions, guidelines, or information on how transactions can be carried out in the real world of financial markets or with real financial instruments. The transactions placed and executed in the demo accounts are not replicated on the financial markets.
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Funded Unicorn GmbH is the owner of all trademark, design, copyright, and database rights, as well as all other intellectual property rights that appear on the website http://fundedunicorn.com, unless otherwise stated. The user of the website is not permitted to use such intellectual property or trademarks listed on the website without the written consent of Funded Unicorn GmbH.

‍2. Demo Accounts
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Individuals (who are not entrepreneurs within the meaning of § 14 BGB) can purchase so-called "prop trading accounts" on the website http://fundedunicorn.com. However, the purchase is also open to entrepreneurs within the meaning of § 14 BGB, provided that Funded Unicorn agrees to the specific entrepreneur. Part of the assignment is the condition that the user must meet challenges – if these challenges are not met, the accounts are deleted, and the business relationship with the user is terminated in this regard. Virtual balances are not paid out. These accounts are managed only as demo accounts. For the provision of the demo accounts and the simulated environment, as well as the prospect of fulfilling the challenge and transitioning to a second demo account, the user pays a fee as outlined below and stated on the website. The demo accounts with the following virtual balances are offered to users of the website (gross prices; including VAT, if applicable):
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- Virtual balance: $50,000 Fee: $299
- Virtual balance: $100,000 Fee: $499
- Virtual balance: $200,000 Fee: $899
- Virtual balance: $400,000 Fee: $1,699
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Upon registration, these Terms apply between the user and us. The user then decides to open a demo account with a specific virtual balance. With the binding opening, the contract for the demo account with the specific virtual balance is concluded.
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After the demo account is selected and paid for through the website, the user automatically receives an email with the login details for their demo account.

‍3. Challenge Phase 1 and Funded Phase 2
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The user is aware that a challenge must be met when commissioning the services. If the challenge is not met, the demo account will be deleted, and the user has no claim to a payout of any remaining virtual balance. No fee (Section 2) will be refunded if the challenge is not met.

The challenge for Phase 1 is passed if the user reaches a profit target (account balance at registration compared to a future date) of 10% without violating the rules on our platform. The rules are part of these Terms and are displayed on the website. The user has unlimited time to meet the challenge unless the challenge is deemed failed as follows.

The challenge is deemed failed if the user:

- Loses more than 3% of their account balance (at the time of their initial, acquired virtual balance) in one subsequent trading day (static drawdown)
- Loses a total of more than 6% of their account balance at the time of their initial, acquired virtual balance, calculated from their continuously reached account high (static drawdown)
- Uses an EA/bot for trading
- Does not enter a stop-loss
- Uses the so-called Martingale strategy or so-called Cheapening
- Has been inactive for more than 30 days since the last trading activity
- Uses a long/short hedging strategy in two or more of their accounts.

The decision as to whether a challenge is deemed failed lies solely with Funded Unicorn GmbH, considering the Terms and making a dutiful decision. This applies in particular if the user of a demo account uses trading strategies aimed at exploiting security gaps in the trading system or the pricing of virtual financial instruments. It is prohibited to knowingly or unknowingly use trading strategies that exploit errors in the display of prices of virtual financial instruments or errors in the display of underlying prices and order execution.

In the event of a failed challenge, the user's demo account will be immediately deleted. The user has no claim to a refund of the fee, regardless of the legal reason.

If the user successfully completes the challenge without violating the rules, they will receive a second demo account (Funded Phase 2, see below). Withdrawals can then be made by the customer at any time.

With the first payout, the customer can additionally request a refund of the fee paid for the initial virtual balance (Section 2). The maximum amount of virtual assets traded in Funded Phase 2 is $400,000 per household.

The leverage is limited to 1:20. There are no minimum trading days and no lot requirements or lot limits.

From the second phase (successful completion of the challenge), Funded Unicorn GmbH can mirror the trade on a real money account of Hartmann Kapital GmbH. Funded Unicorn GmbH is not obliged to execute the customers' transactions on the real financial markets with the capital of Hartmann Kapital GmbH.

If the user successfully completes Phase 1 of the challenge with their demo account, the user enters Phase 2 (also called "Funded"). Here, the user must verify their identity with the provider Sumsub (https://sumsub.com), a service of Sum and Substance Ltd (UK).

In Phase 2, the user can receive a profit share on their virtual trades. In Phase 2, the same rules, regulations, and trading conditions as in Phase 1 (Section 3 above) of the challenge apply. In the event of a failed challenge (according to the rules as in Phase 1), this – second – demo account of the customer will be immediately deleted. The customer has no claim to a refund of the fee (Section 2) and any possible, not yet paid out profits, regardless of the legal reason.

In Phase 2, the user receives the login details for their Phase 2 user account. In Phase 2, the user receives a profit share of up to 75% on their virtual trading profits. The user must also adhere to the applicable rules, including the maximum daily loss, maximum total loss, and allowed trading strategy.

The proportionate profit share will be paid out weekly at the user's request but must not exceed 1% of the initial account balance (Phase 2).

For example, if the user has a Phase 2 account with a virtual balance of $200,000 and makes a virtual profit of $4,000 in one week, their virtual balance increases to $204,000. In this case, the customer is only entitled to a payout of $2,000 per week due to the weekly payout restriction. This restriction applies for the first six months of the Phase 2 challenge (Funded).

After the first six months of continuous existence of Phase 2, the user is granted VIP status. This means that the user retains a 90% profit share and has no restrictions on withdrawing profits from the virtual trading account. The drawdown is static.

The user must take care of the tax treatment of the profit themselves, so it is advisable to consult a tax advisor.

It is also prohibited to take opposing positions (i.e., long/short positions of the same underlying virtual financial instrument) in multiple demo accounts or to use trading software or artificial intelligence that can manipulate or abuse the virtual trading systems provided by Funded Unicorn GmbH. The challenges of demo accounts that exploit errors from gap trading by opening trades or otherwise conducting trades contrary to the real financial markets will be declared failed by Funded Unicorn GmbH.

‍4. Risk Notice
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The use of demo accounts on the website http://fundedunicorn.com involves significant risks as it is a simulated trading environment. The user is aware that they have no claims against Funded Unicorn GmbH if they do not meet the challenge due to the simulated trading environment. Users are aware that Funded Unicorn GmbH does not guarantee the accuracy or completeness of the information contained on the website http://fundedunicorn.com. No statement on the website or the accompanying services should be construed as a recommendation to buy or sell a security or as investment advice.

‍5. Conflict of Interest
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The user must be aware that no trades are conducted on the real financial markets but in a simulated trading environment. Funded Unicorn GmbH is the sole counterparty to the user. The users' profits on the virtual accounts result in profits outside the simulated trading environment only if the user starts Phase 2 and the other conditions listed here are met. Funded Unicorn GmbH may pay commissions to third parties for referring a new user.

‍6. Use of Demo Accounts
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When using the services of Funded Unicorn GmbH, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to take responsibility for all activities that occur under your account. You are not entitled to transfer or otherwise assign your account to another natural or legal person without the consent of Funded Unicorn GmbH. You acknowledge that Funded Unicorn GmbH is not responsible for third-party access to the account resulting from theft or embezzlement of your account. Funded Unicorn GmbH reserves the right to refuse or terminate services, close accounts, or remove or edit content at its sole discretion, considering these Terms.

Funded Unicorn GmbH is not obliged to quote prices or execute a part of a transaction on a virtual account without stating reasons.

The user must procure the appropriate technical equipment and software to ensure proper use of the demo account.

‍7. Trading Activity
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Funded Unicorn GmbH decides which virtual financial instruments it makes available on the virtual trading platform. All trades are executed 100% automatically to ensure timely and fair execution of virtual trades. Funded Unicorn GmbH reserves the right to investigate its users' trading behavior to ensure a proper trading environment. A trading strategy that is proven to be intended to overcome existing rules when trading demo accounts and the associated challenges can be deemed failed at the sole discretion of Funded Unicorn GmbH in accordance with these Terms. This includes, for example, unauthorized automated trading strategies and the exploitation of errors in the pricing of virtual trading instruments.

‍8. Order Execution Policy
All user orders are executed immediately and are 100% automated. Therefore, they are visible on the account as profit or loss with the completed trade. Funded Unicorn GmbH takes all sufficient steps to ensure an accurate and realistic trading environment. However, trading takes place in a simulated trading environment, so the pricing of closed trades may differ from real financial markets. Funded Unicorn GmbH will apply a spread to the quoted prices to account for factors such as liquidity and volatility of the underlying real financial markets.

The user is obliged to equip their orders with a stop-loss to limit their potential loss. This allows the user to set a specific price at which the virtual trading position will be closed if the price moves against the position. Under certain circumstances (e.g., market volatility, internet speed issues), the user's trade will be executed at the best possible price. Basically, each user is responsible for sufficient technical IT equipment (internet speed and access to the demo account). This price may deviate significantly from the real financial markets. Slippage can occur at any time, especially during periods of high market volatility. Funded Unicorn GmbH will regularly monitor the effectiveness of order execution to identify deficiencies and will take all necessary steps to improve the order execution policy.

In addition, we refer to the trading conditions of the executing broker.

‍9. Revocation
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Users who do not act as entrepreneurs within the meaning of § 14 BGB but as consumers within the meaning of § 13 BGB have the statutory right of revocation. More detailed information can be found in our revocation policy, including any possible expiration of the right of revocation.

‍10. Liability
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Funded Unicorn GmbH cannot guarantee the security of the trading platform and the contents of the users' demo accounts. The use of the website and the demo accounts is at the user's own risk. Funded Unicorn GmbH does not guarantee the accessibility and tradability of the demo accounts. Furthermore, Funded Unicorn GmbH disclaims any liability and responsibility for any financial losses of the user and for the actions of third parties, whose content is accessible via links on the website http://fundedunicorn.com.

In other respects, we are liable as follows:

We are liable without limitation for intent and gross negligence as well as under the Product Liability Act (if applicable). For slight negligence, we are liable for damages resulting from injury to life, body, and health of persons. Otherwise, the following limitation of liability applies: in case of slight negligence, we are only liable for the breach of a material contractual obligation. Such a material contractual obligation is an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the client may regularly rely (cardinal obligation). Liability for slight negligence is limited to the foreseeable damages typical for the contract at the time of contract conclusion. This limitation of liability also applies in favor of our vicarious agents.

‍11. Termination of Demo Accounts
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Funded Unicorn GmbH reserves the right to terminate demo accounts and the use of the website http://fundedunicom.com at any time for good cause. In the event of such termination, the user is no longer entitled to use access to the website and their personal trading account. The termination of the demo account may be justified by a violation of the rules of the virtual trading account and trading environment.

The user has no claim to a refund of the price for the demo account (Section 2) if the user cancels the order or requests the deletion of their account.

‍12. Data protection and reference
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Funded Unicorn GmbH complies with the statutory provisions on data protection. The privacy policy can be found on the website http://fundedunicorn.com.

For the sole purpose of providing references and advertising for Funded Unicorn GmbH, we use the presentation of successful user performance in anonymized form for presentation on the website, on social media (example: Facebook, Instagram, YouTube) or on other sales channels. The user has the right to object at any time. The interests of the users do not outweigh those of Funded Unicorn GmbH in presenting the successful performance of the users, Art. 6 para. 1 lit. f of the General Data Protection Regulation (GDPR).

‍13. Final provisions
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Funded Unicorn GmbH reserves the right to review or amend its General Terms and Conditions at any time for the future. Funded Unicorn GmbH will inform the user in advance of any changes to the General Terms and Conditions.

If the user is a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the exclusive place of jurisdiction for all disputes arising from or in connection with contracts between us and the user. The same shall apply if the user does not have a general place of jurisdiction in Germany. If the user against whom we are taking legal action moves their place of residence or habitual abode out of the scope of application of the German Code of Civil Procedure after conclusion of the contract or if their place of residence or habitual abode is not known at the time the action is brought, the exclusive place of jurisdiction shall be our registered office.

German law shall apply without the conflict of laws provisions of international private law and to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Any changes to the contract must be in text form, unless they are expressly and sufficiently clearly agreed otherwise. This also applies to this provision on the text form requirement itself.

The European Commission provides a platform for online dispute resolution (ODR): ec.europa.eu/consumers/odr. The link is available in the imprint on our website. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Should individual provisions of this contract be or become invalid, or should this contract contain a gap, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, the contracting parties shall endeavor to agree on a valid provision that corresponds to the meaning and purpose of the invalid provision, and in the event of a gap, the provision that corresponds to what would have been agreed in the light of the meaning and purpose of this contract shall apply.