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Terms and Conditions

Last revision: 01/31/2024

Welcome to Breakout, a dba for Breakout Trading Group, LLC (the “Company”). The Company provides you (“you” or the “Trader”) with a limited license to use the trading and data services (the “Services”) for providing a trading evaluation and assessment offered by the Company subject to the terms and conditions contained herein (the “Agreement”).

This Agreement is a legally binding contract, and you have a duty to read this Agreement before using or accessing the Services offered by the Company. By using the Services, you consent and confirm you are agreeing to the terms, representations and conditions contained within this Agreement.

The Company reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event the Company replaces, modifies, or amends this Agreement, you consent and confirm that your continued use of the Services after a change in the Effective Date of said changes will constitute your agreement to any replacement, modification, or amendment to this Agreement.

TRADER REPRESENTATIONS

You represent that you are at least eighteen (18) years old and are of sound mind and that you have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Services on behalf of a business entity or other third-party, then you represent that you have actual authority to act as an agent of that business entity or third-party, and that you have the right and ability to agree to and bind that third-party or business entity to the terms of this Agreement.

You represent that your use of the Services does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further represent that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.

LIMITED LICENSE

The Company provides you with limited, non-exclusive, non-sublicensable, nonassignable, revocable, and royalty-free license to use the Services for its customary and intended purposes. You are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Services, the Company Website, whether in whole or in part, without the prior written consent of the Company.

You acknowledge and agree that your limited use of the Services does not entitle you to any license or intellectual property rights to any technology, intellectual property, copyrights, trademarks, or trade secrets of the Company or any third-party contractor thereof. You acknowledge and agree that your use of the Services is limited by the terms of this Agreement, and you expressly agree that you will not use the Services in any manner that is not expressly authorized under the terms of this Agreement. The Company reserves all of its rights not expressly granted through this Agreement.

This license is revocable at any time, and any rights not expressly granted in this Agreement are reserved for the Company.

PROHIBITED USES

You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third-party, including, but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights.

Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Services or the Company website.

You are also prohibited from using the Services or the Company website to transmit unsolicited commercial emails to third parties or Traders of the Company. While the Company is not responsible for any such content posted by its Traders and does not have the affirmative obligation to monitor such content, it does reserve the right to remove any such content from the Company website.

You are also prohibited from using any trading strategy that is expressly prohibited by Bybit, Binance or any centralized exchange or broker used by the Company (the “Brokers”). Such prohibited trading (“Prohibited Trading”) shall include, but not be limited to:

  • Exploiting errors or latency in the pricing and/or platform(s) provided by the Broker
  • Utilizing non-public and/or insider information
  • Front-running of trades placed elsewhere
  • Trading in any way that jeopardizes the relationship Prop Account has with a broker
  • Trading in any way that creates regulatory issues for the Broker
  • Utilizing any third-party strategy, off-the-shelf strategy or one marketed to pass assessment or evaluation phase requirements
  • Utilizing one strategy to pass an assessment and then utilizing a different strategy in the simulated demo Account
  • Attempting to arbitrage your account with another account with the Company or any third-party company, as determined by the Company in its sole and absolute discretion.
  • Using trading strategies that are difficult to replicate in the live market, or come at a heightened risk when attempting to do so. This includes but is not limited to: trades with exceedingly long holding periods, trades that consistently and repeatedly reach or exceed our maximum permitted position sizes and/or use all available margin for single positions, trades that would risk being autodeleveraged by our broker(s), trades resulting in exceedingly large fluctuations in unrealised gains/losses, and more.
  • Executing trade ideas belonging to or inspired by any third-party, including but not limited to copy trading other traders’ and analysts’ ideas and copy trading signals from any type of trading community, social media, research reports, crowdsourced ideas, and more.
  • Trading more than one Breakout Evaluation at the same time.
  • Account sharing of any nature, including but not limited to sharing credentials with other users and/or trading multiple accounts from the same household, devices, or IP address.

Trader represents, warrants and agrees that it will not make any public statements on any form of social media or publicly accessible medium contesting, challenging, disputing or criticizing in any way Prop Account’s enforcement of the terms and provisions referenced above (“Non-Disparagement Clause”).

If the Company determines in its discretion that your trading constitutes Prohibited Trading, or violates the Risk Management and Program Rules or that your public statements violate the Non-Disparagement Clause, your participation will be terminated and may include forfeiture of any performance splits as set forth in the Welcome Email (“Performance Splits”) and/or any fees paid to the Company.

NO ADVICE / EDUCATION

The Company does not provide any trader education or investment advice. The focus of The Company is to identify individuals with a talent for trading. No access to live trading is provided by the Company in the evaluation phase. Traders who pass an evaluation offered by the Company shall be allocated notional funding to trade in an account under the terms of a separate trader agreement.

Although The Company may provide data, information, and content relating to investment approaches and opportunities to make trades, such data, information and content is provided solely for general informational and educational purposes. The Company does not encourage the Trader to take any action based upon any of the information and materials provided by the Company and you should not construe any such data, information, or content as investment, financial, tax, legal, or other kind of advice.

The Company further does not make any representations that any data, information, and content on the Company website is accurate or complete. You alone will bear the sole responsibility of evaluating the merits and risks associated with using any such data, information, and content. As such, you agree not to hold the Company liable or assert any claim for damages that may arise from any decision that you make based upon the use of such data, information, and content appearing on the Company website or Company materials.

While the Company does not provide you with the opportunity to invest or trade in actual financial instruments or actual currency in the evaluation phase, the Company wants to make sure you understand the risks involved with traditional investing. You should be aware that the risk of trading and investing is high and substantial. Leverage can work for you as well as against you. It may or may not lead to substantial losses. Additionally, past performance is not indicative of future results. All of the foregoing factors may likewise negatively impact the ability to perform well in a simulation demo trading account.

As such, you should carefully consider whether participating in an evaluation utilizing simulated trading is appropriate for you. If you are unsure, you should consult with a financial advisor and/or tax advisor.

ACCOUNT OPENING

In order to register as a Trader, you may be asked to provide personal information, including, but not limited to your name, email address, mailing address, phone number, and date of birth. The information provided is subject to the Company’s privacy policy accessible here.

The account will be personal to you, and you cannot share your name or password with anybody else. You also may not purchase an account on behalf of a third party or have an account purchased for you by a third party. You will be responsible for maintaining the confidentiality of your username and password. If you suspect that your account has been breached, you must immediately notify the Company.

Traders are limited to one active account per assessment, absent prior written approval.

PURCHASES AND REFUNDS

The Company may provide products, services, subscriptions, or access to certain portions of the Company’s website (Services) at a monetary cost. Prices and availability are subject to change without notice. The Company may allow for such purchases within its website or via a white label affiliate. It is your responsibility to thoroughly read and understand any such terms and conditions for the Services.

By making any such purchases, you agree that the Company has no responsibility and assumes no liability for any losses, damages or claims related to your purchases or use of Services. Upon the purchase of a product, service, subscription, or access to certain portions of the Company website, the Company will make any such product, service, subscription or access available to you.

There are no refunds on any Services purchased from the Company. In addition, if you, as a purchaser, are deemed “high risk” by our payment processors, we may require you to provide additional documentation or information in order to proceed with the Evaluation. Failure to provide the requested documentation and information within twenty-four (24) hours of such request may result in your use of and access to the Services being revoked. The Company in its sole discretion reserves the right to suspend or terminate the use of any product, service, subscription or access.

GUIDELINES

The Company will display the guidelines and/or rules (Guidelines) associated with the Services on the Company’s website and via email. These guidelines, which may change from time to time in the Company’s sole discretion, are incorporated in whole into this Agreement. Achieving the specified hypothetical gains without breaching any of the rules or Guidelines is the sole means by which to pass the Evaluation phase. The Company makes absolutely no promise, guarantee, or warranty, express or implied, as to any promise regarding simulated performance, future employment as a trader, monetary payments, or any other type or kind of compensation or award for your performance in a simulated demo account.

TRADEMARKS

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Company website by the Company, are common law or registered trademarks owned by or licensed to the Company. You are expressly prohibited from using the trademarks of the Company to cause confusion, cause mistake, deceive consumers, or from falsely designating the origin of, source of, or sponsorship of your goods or services. You are further prohibited from using the trademarks of the Company in domain names, keyword advertisements, trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

You acknowledge and agree that the Company’s website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on the Company’s website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of the Company’s or any third party’s intellectual property rights. All rights, including copyright, in the Company website are owned by or licensed to us or third-party suppliers. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, noncommercial use is prohibited without the permission of the Company. You cannot modify, distribute or re-post anything on this website for any purpose.

The Company names and logos and all related products and services and our slogans are the trademarks or service marks of the Company or licensed to the Company. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials appearing on the Company Website. Access to the Company website does not authorize anyone to use any name, logo or mark in any manner.

All materials, including images, text, illustrations, designs, icons, photographs, programs, audio clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, noncommercial use. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Company website or any related software. All software used on the Company website is the property of the Company or its suppliers and protected by laws of The United States of America. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Company website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by the Company, one of its affiliates or by third parties who have licensed their materials to the Company and are protected by laws of The United States of America. The compilation (meaning the collection, arrangement, and assembly) of all Contents on the Company website is the exclusive property of the Company and is also protected by the laws of The United States of America.

DISCLOSURE STATEMENT

Before deciding to participate in any financial markets, including a simulated demo account involving hypothetical trading, or notional funding in a funded account, you should carefully consider your investment objectives, level of experience and risk appetite. Most importantly, do not spend money to participate in the evaluation phase that you cannot afford to lose.

In a simulated demo trading or notional funding environment, there are operating risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connection. The Company is not responsible for communication failures or delays when trading via the Internet. The Company’s third-party service and systems providers employs backup systems and contingency plans to minimize the possibility and impact of system failure.

TERM AND TERMINATION

The term of this Agreement will begin when you purchase Services offered by the Company and will continue until termination of the Services or you stop using the Services.

The Company reserves the right to terminate the Services and your access to the Company website in its sole and absolute discretion and without prior notice.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND COMPANY WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NONINFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO INFORMATION ON THE WEBSITE AND YOUR USE OF OR ACCESS TO THE SERVICE OR THE COMPANY WEBSITE, INCLUDING, BUT NOT LIMITED TO COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND/OR THE COMPANY WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SERVICES OR $1,000, WHICHEVER IS LESS.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, shareholders, directors, employees, subsidiaries, affiliates, white label users, and representatives from any and all losses, including, but not limited to costs and attorneys’ fees arising out of or related to your use of the Website; your violation of any term or condition of this Agreement; your violation of the rights of third parties, including but not limited to intellectual property rights or other personal or proprietary rights; and violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international.

Your obligation to defend the Company will not provide you with the right or ability to control the Company’s defense or settle any claims. The Company reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

ARBITRATION

You acknowledge and agree that any controversy or claim arising out of or related to this Agreement, including any claim or controversy concerning interpretation of this Agreement or your use of the Services, will be settled by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association (AAA). Any claim arising under or related to this Agreement must be brought within six (6) months of the date of the alleged cause of action, omission or conduct giving rise to the alleged claim. The arbitration proceeding will be decided by not more than three arbitrators randomly selected from a list of neutral arbitrators maintained by the AAA. Judgment on any award may be entered in any court of competent jurisdiction. The arbitrators will be provided with the right to award costs and attorneys’ fees to the prevailing party. The arbitration will be held in Miami, Florida and both the Company and Trader agree that they will be required to be present in Miami for arbitration. The substantive laws of Florida shall apply. The foregoing notwithstanding, the Company shall be permitted to seek any injunctive or equitable relief arising out of or relating to this Agreement in any court of competent jurisdiction.

FORCE MAJEURE

The Company shall not be liable to Trader for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from government shutdown, civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to the Company, Trader, or third-party service provider.

SURVIVABILITY

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Services, including, but not limited to your duty to indemnify and defend the Company.

SEVERABILITY

In the event that any term or condition of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining terms and conditions of this Agreement will remain in full force and effect.

INTERPRETATION

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against the Company or Trader.

ASSIGNMENT

You are expressly prohibited from assigning your rights and duties under this Agreement. The Company reserves the right to assign its rights and duties under this Agreement, including in connection with a sale or transfer of a portion or all of the Company or its Services.

WAIVER

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to, unless such waiver is in writing and signed by the party to be charged.

ENTIRE AGREEMENT

This Agreement and any documents incorporated herein by reference contains the entire agreement between the Company and the Trader regarding the use of the Services and supersedes all prior understandings, agreements, or representations between the Company and Trader, whether written or oral.