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1. Introduction

Welcome to BEM Funding, a cutting-edge prop trading educational platform designed to simulate real-world trading environments for educational purposes. These Terms and Conditions (the "Terms") govern your access to and use of BEM Funding’s website, mobile applications, and services (collectively, the "Services"), which are owned and operated by BEM Software Development LLC.-FZ (“BEM Funding”, "we", "us", or "our"), located at The Meydan Hotel, Grandstand, 6th Floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates.

These Terms are intended to explain our obligations as a service provider and your obligations as a customer. Please read them carefully. By accessing or using any part of our Services, you agree to be bound by these Terms. These Terms affect your legal rights and obligations; if you do not agree to be bound by these Terms, do not use or access our Services. Please note that "BEM Funding" is a trade name used by BEM Software Development LLC-FZ for its simulated trading educational platform. The services provided under the name "BEM Funding" are purely for educational purposes and do not involve actual funding activities, including crowdfunding. BEM Funding does not offer or provide any investment or financial services, nor does it engage in funding or capital allocation for real-world trading. All trading activities conducted on the BEM Funding platform are simulated and involve fictitious funds.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms on our platform. Please check these Terms periodically for changes. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, we will make reasonable effort to provide notice to you of such amended terms, such as through a prominent notice on our platform or an email notification. If you do not agree to the amended terms, you must stop using the Services immediately.

2. Acceptance of Terms

2.1. By accessing, browsing, or otherwise using the Services provided by BEM Funding, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. You also agree to comply with all applicable laws and regulations in relation to your use of the Services. If you do not agree to these Terms, you are not authorized to use the Services.

2.2. Access to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide without notice. We will not be liable if, for any reason, our Services are unavailable at any time or for any period.

Your use of our Services and any dispute arising out of such use of the Services is subject to the laws of Dubai, United Arab Emirates, without regard to its conflict of law provisions.

2.3. To use our Services, you must be at least 18 years of age or, if higher, the age of majority in your jurisdiction. By agreeing to these Terms, you represent and warrant to us that you are legally capable of entering into binding contracts. If you are using the Services on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms "you" and "your" in these Terms will refer to such entity.

2.4. The Services provided by BEM Funding consist of offering a simulated trading environment for educational purposes. This includes tools for simulated trading on financial markets, provision of analytical tools, training materials, and ancillary services, accessed through our platform or third-party applications. While the Services use real market information, you acknowledge that any trading conducted through the Services is simulated and not real. The funds provided for demo trading are fictitious, and you have no right to possess or use them outside the scope of the Services. You are not entitled to profits or remuneration based on simulated trading results, nor are you required to cover any losses incurred.

2.5. The Services provided by BEM Funding do not constitute investment services under applicable laws. BEM Funding does not provide guidance, instructions, or information on how to seek or apply for funding beyond what is provided in the Services. None of the information provided should be considered as investment advice or recommendations. Employees, staff, or representatives of BEM Funding are not authorized to provide investment advice or recommendations. Any information or statements made by employees, staff, or representatives should not be interpreted as investment advice.

3. Subscriber Accounts and Registration

3.1. To fully utilize the Services provided by BEM Funding , you must register and create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. BEM Funding reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

3.2. You are responsible for safeguarding your password and other credentials used to access your account. You, and not BEM Funding, are responsible for any activity occurring in your account (other than activity that BEM Funding is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify BEM Funding immediately. BEM Funding cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3.3. Subscribers may only create one account per individual. Duplicate accounts are strictly prohibited and may result in the immediate suspension of all related accounts.

4. Subscriber Content and Conduct

4.1. Subscriber Content:

- As a subscriber, you may have the ability to post, upload, publish, submit, or transmit content such as comments, reviews, feedback, questions, and other information ("Subscriber Content") on or through our Services. By making any Subscriber Content available through the Services, you grant to BEM Funding a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, modify, run, copy, publicly display, translate, and create derivative works of your Subscriber Content, in whole or in part, in any format and on any platform now known or hereafter developed, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

4.2. Content Standards:

- You agree that your Subscriber Content will not:

- Violate any law, regulation, or contractual agreements;

- Infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

- Contain any material that is defamatory, libelous, obscene, pornographic, abusive, or otherwise objectionable;

- Promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

- Promote violence or any illegal activities;

- Contain viruses, corrupted data, or other harmful, disruptive, or destructive files;

- Contain any unsolicited promotions, political campaigning, advertising, or solicitations;

- Misrepresent your identity or affiliation with any person or organization, including BEM Funding

4.3. Prohibited Conduct:

- In addition to the Content Standards, you agree that you will not:

- Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other subscribers from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

- Engage in any fraudulent or deceptive practices, including impersonation or misrepresentation of your affiliation with any person or organization;

- Attempt to gain unauthorized access to the Services, accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means;

- Engage in or promote any activity that violates these Terms or any applicable laws or regulations.

4.4. Simulated Trading Rules

During simulated trading on the platform, you are permitted to execute any transactions that do not constitute forbidden trading strategies or practices as outlined in this clause. You also agree to adhere to good market standard rules and practices for trading on financial markets, including risk management rules. Additional restrictions may be imposed by the trading conditions of the product or security you have selected and present General Terms and Conditions may be subject to change by BEM Funding from time to time, of which changes you shall be notified, but please make sure you visit this document frequently.

By participating in simulated trading, you acknowledge that BEM Funding has access to information about your trades on the platform. You grant consent for BEM Funding to share this information with affiliated entities and authorize them to handle this information as needed and acknowledge that you shall not be entitled to any remuneration for divulging such information or data. This authorization includes the automated processing of data without further consent, whereas it is understood that such data may not be deemed as investment advice or recommendations from your part, based on your simulated trading activities.

BEM Funding is not responsible for the accuracy or timeliness of information displayed on the platform, including any interruptions, delays, or inaccuracies in market information.

4.5. Forbidden Trading Practices

During simulated trading, you are prohibited from:

● Knowingly or unknowingly using trading strategies that exploit errors in the services, such as errors in the display of prices or delays in their update.

● Performing trades using an external or slow data feed.

● Engaging in trades or combinations of trades, either individually or in concert with others, with the aim of manipulating trading, such as simultaneously entering into opposite positions.

● Trading in contradiction with the terms and conditions of BEM Funding and the trading platform.

● Using any software, artificial intelligence, ultra-high speed, or mass data entry that might manipulate or abuse the system, or provide an unfair advantage.

● Performing gap trading by opening trades when major global news, macroeconomic events, or corporate reports are scheduled, or shortly before a relevant cryptocurrency market closes for an extended period.

● Engaging in trades that establish justified concerns that BEM Funding might suffer financial or other harm as a result of your activities, such as overleveraging or one-sided bets.

As a subscriber, you agree that all services are for personal use only, and you shall not allow access to or trading on your Challenge and Verification accounts by any third party. You shall not access third-party accounts, trade on behalf of any third party, or perform any account management services for another subscriber.

You shall not exploit the services by engaging in trades without applying market standard risk management rules, including opening substantially larger or smaller positions compared to your other trades.

If you engage in any of the forbidden trading practices described in this clause, BEM Funding may consider it a failure to meet the conditions of the trading challenge or verification phase. BEM Funding may take various actions, including removing violating transactions from your trading history, canceling all services, or reducing offered leverage on your accounts.

If forbidden trading practices are executed on one or more accounts or by combining trading through different accounts, BEM Funding is entitled to cancel all services and terminate all contracts related to any and all accounts or apply other measures as outlined in this clause.

If any accounts are involved in forbidden trading practices, this may constitute a breach of terms and conditions with third-party providers, resulting in the cancellation of such accounts and termination of agreements.

If you repeatedly engage in forbidden trading practices after being notified, BEM Funding may prevent you from accessing all services or their parts without compensation. In such cases, you are not entitled to a refund of fees paid.

BEM Funding is not responsible for trading or other investment activities performed by you outside the relationship with BEM Funding, even if you use data or information from the services for such trading.

Developments in cryptocurrency markets are subject to frequent and abrupt changes. Trading on cryptocurrency markets may not be profitable and can lead to significant financial losses. Past performances and profits from simulated trading are not guarantees or indications of future performance.

4.6. Monitoring and Enforcement:

- BEM Funding reserves the right, but does not have an obligation, to:

- Monitor Subscriber Content and conduct on the Services;

- Investigate and take appropriate action against anyone who violates these Terms, including removing or modifying Subscriber Content, suspending or terminating the account of such violators, and reporting them to law enforcement authorities;

- Remove or refuse to post any Subscriber Content for any or no reason in our sole discretion;

- Take any action with respect to any Subscriber Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Subscriber Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of subscribers of the Services or the public, or could create liability for BEM Funding.

4.7. Subscriber Responsibility:

- You are solely responsible for your Subscriber Content and the consequences of posting it online. You understand and agree that you may be exposed to Subscriber Content that is inaccurate, inappropriate, offensive, or objectionable, and you agree that BEM Funding shall not be liable for any damages you allege to incur as a result of such Subscriber Content.

4.8. Reporting Violations:

- If you believe that any Subscriber Content violates these Terms, please report the content to us at [Contact Email]. We reserve the right to take or refrain from taking any or all steps available to us once we receive any such report.

5. Educational Use Disclaimer

5.1. Educational Purpose:

- The Services provided by BEM Funding are intended solely for educational purposes. The platform offers a simulated trading environment designed to help subscribers learn about trading strategies, market dynamics, and risk management in a risk-free setting. The information and content available on the platform are meant to support your education and understanding of trading concepts.

5.2. No Financial Advice:

- The content provided through the Services does not constitute financial, investment, tax, legal, or any other professional advice. BEM Funding is not a registered investment advisor, broker-dealer, or financial planner. Any information provided through the Services, including but not limited to simulated trading data, educational articles, market analysis, and subscriber-generated content, is for educational purposes only and should not be considered a substitute for professional financial advice.

5.3. Simulated Trading Environment:

- The trading environment on BEM Funding is entirely simulated and does not involve real financial transactions. The results and outcomes generated within the platform are based on hypothetical scenarios and past market data. These results are not reflective of actual market conditions and should not be relied upon for making real-world trading or investment decisions.

5.4. Limitations of Simulated Results:

- The performance of simulated trades may differ significantly from the performance of actual trades conducted in the real world. Factors such as market volatility, liquidity, transaction costs, and other real-world constraints are not fully replicated in the simulated environment. Therefore, success in simulated trading does not guarantee success in actual trading.

5.5. No Guarantees of Future Performance:

- Past performance, whether actual or simulated, is not indicative of future results. The strategies and techniques demonstrated on the platform are for educational purposes and do not guarantee profitable outcomes. Subscribers are encouraged to conduct their own research and seek professional advice before making any investment decisions.

5.6. Subscriber Responsibility:

- You acknowledge that your use of the Services is at your own risk. It is your responsibility to evaluate the accuracy, completeness, and usefulness of the information provided on the platform. You should consult with a qualified financial advisor before making any real-world investment decisions.

5.7. No Liability for Losses:

- BEM Funding shall not be liable for any losses, damages, or other liabilities incurred as a result of your reliance on the educational content, simulated trading results, or any other information provided through the Services. This includes any losses arising from decisions made based on hypothetical scenarios presented on the platform.

5.8. Disclaimer of Warranties:

- The Services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. BEM Funding does not warrant that the Services will be uninterrupted or error-free, nor do we make any warranty as to the results that may be obtained from the use of the Services.

6. Challenges and Verification as BEM Simulated Trading

6.1. After payment of the fee for participation in the trading Challenge, you will receive login details for the trading platform via email. The Challenge is activated by executing the first simulated trade on the platform. You acknowledge that by activating the Challenge, you are requesting complete services. Failure to activate the challenge within 30 days of availability will result in suspension of access. Access can be renewed within 6 months of suspension, otherwise, services will be terminated without refund.

6.2. In order for you to meet the conditions of the Challenge, you must fulfill all of the following parameters at the same time, for each stage respectively, the successful completion of the first and second of which shall qualify you to participate to the verification challenge as BEM-Trader, third phase:

First Phase (The Challenge)

Rules and Targets:

● Max Drawdown Rule: 9% of the starting capital

● Max Daily Drawdown Rule: 4.5% of the starting capital.

● Target Profit: 9%.

● Min Trading Days: 3 (Each trading day counts when the subscriber gets at least 0.5% profit on their starting capital).

Second Phase (Consistency)

Rules and Targets:

● Max Drawdown Rule: 9% of the starting capital.

● Max Daily Drawdown Rule: 4.5% of the starting capital.

● Target Profit: 4.5%.

● Min Trading Days: 3 (Each trading day counts when the subscriber gets at least 0.5% profit on their starting capital).

Third Phase (BEM Trader Program)

● Rules and Targets:

● Max Drawdown Rule: 9% of the starting capital.

● Max Daily Drawdown Rule: 4.5% of the starting capital.

● Target Profit: None.

● Min Trading Days: 3 (Each trading day counts when the subscriber gets at least 0.5% profit on their starting capital).

To qualify for the verification phase, you must:

● Meet the conditions specified in the verification criteria (in phases 1 – 3 above).

● Not violate the general terms and conditions, especially the rules regarding demo trading.

● Not exceed the maximum total fictitious capital allocation of USD 200,000.

● Successful completion of the verification phase qualifies you as a candidate for the BEM Trader program. The verification will not be evaluated if all transactions are not closed.

6.3. Failure to comply with the conditions during the challenge or verification phase will result in an unsuccessful evaluation. In such cases, access to subsequent phases will be denied, and services will be canceled without refund. You may request renewal of access through your Subscriber Account within 6 months as of such cancellation.

6.4. At any point during the Challenge or Verification phases, you may be required to attend a video call with BEM Funding to verify the legitimacy of your trading strategies and confirm that they are in fact your own, and that you are not using bots, artificial intelligence, or any other automated trading systems. BEM Funding reserves the right, at its sole discretion, to refuse your progression to the next stage or to suspend or terminate your account if you fail to comply with this requirement or if any suspicious activity is detected during the verification process. The decision of BEM Funding in such matters shall be final and binding.

6.5 If you engage in any of the Forbidden Trading Practices described in clause 5,

● we may consider it as a failure to meet the conditions of the particular phase,

● we may remove the transactions that violate the prohibition from your trading history and/or not count your results in the profits and/or losses achieved by the demo trading,

● we may immediately cancel all Services provided to you and subsequently terminate this contract, or

● we may reduce the offered leverage on products on your account(s).

7. Privacy Policy and Data Protection

7.1. BEM Funding is committed to protecting the privacy and security of its subscribers' personal information. The information collected from subscribers, the reasons for collection, and how it is used are detailed in our Privacy Policy, which is an integral part of these Terms and Conditions.

7.2. By using the Services, you agree to the collection, use, and sharing of your personal data in accordance with our Privacy Policy. We collect personal data such as name, contact information, and payment details only when voluntarily provided by you for the purposes of providing the Services or enhancing your experience on the platform. We implement a range of security measures to protect your personal information from unauthorized access, use, or disclosure.

7.3. BEM Funding complies with all applicable privacy laws and regulations, including but not limited to the GDPR for subscribers residing within the European Union. You have the right to access, correct, or delete your personal information held by BEM Funding. Additionally, you may also have the right to restrict further processing or to object to the processing of your personal data under certain circumstances.

7.4 BEM Funding may use third-party applications and services to verify subscriber information and identity, as well as for AML (Anti-Money Laundering) and KYC (Know Your Customer) verification processes. While BEM Funding selects these third-party providers with due diligence, it does not assume any liability for any breach of security, data loss, or any other violations caused by such third-party providers. You acknowledge and agree that BEM Funding is not responsible for the actions or omissions of these third-party providers, and any issues arising from their use should be addressed directly with the respective third-party provider. For more information see our AML Policy and Privacy Policy.

7.5. If you have any questions or concerns about how we handle your data, or if you wish to exercise any of your rights, please contact our data protection officer at [contact information].

8. Beta Features

8.1. Introduction to Beta Features:

- From time to time, BEM Funding may offer access to new and experimental features or services that are still in development ("Beta Features"). These Beta Features are made available to subscribers for testing and feedback purposes to help us improve and finalize these features before their official release.

8.2. Voluntary Participation:

- Your participation in using Beta Features is entirely voluntary. By opting to use Beta Features, you acknowledge and accept that these features are still in the experimental stage and may contain bugs, errors, or other issues that could affect their performance and functionality.

8.3. Provided "As Is" and "As Available":

- Beta Features are provided on an "as is" and "as available" basis. [Platform Name]BEM Funding makes no warranties, express or implied, regarding the Beta Features, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Beta Features will be free from defects, uninterrupted, or secure.

8.4. Potential Risks and Limitations:

Beta Features may not function as intended and may be significantly modified before their official release, or withdrawn entirely. Your use of Beta Features may expose you to risks including, but not limited to, data loss, application crashes, or other technical issues. You agree that [Platform Name]BEM Funding is not responsible for any harm or damage resulting from your use of Beta Features.

8.5. Feedback and Reporting:

- We welcome and encourage you to provide feedback, comments, and suggestions regarding your experience with Beta Features. By submitting feedback to BEM Funding, you agree that we may use your feedback without any restriction or compensation to you. Your feedback helps us identify and resolve issues, and improve the overall subscriber experience.

8.6. Confidentiality:

- Some Beta Features may be confidential. If you participate in a Beta Feature that is designated as confidential, you agree not to disclose any information about the Beta Feature to anyone other than BEM Funding, and not to use any information related to the Beta Feature for any purpose other than providing feedback to BEM Funding.

8.7. Termination of Beta Features:

- BEM Funding reserves the right to modify, suspend, or discontinue Beta Features at any time without notice. We may also terminate your access to Beta Features if we believe that you are not complying with these Terms or any additional terms related to Beta Features.

8.8. Limitation of Liability:

To the maximum extent permitted by applicable law, BEM Funding shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of, or inability to use, Beta Features, even if we have been advised of the possibility of such damages.

9. Intellectual Property

9.1. You acknowledge and agree that you have no rights to any trading data created through your use of the BEM Funding platform. All such trading data is owned exclusively by BEM Funding.

9.2. In the event that through your use of the BEM Funding platform an intellectual property is created, including but not limited to trading strategies, methods, techniques, or any other proprietary information, you are required to notify BEM Funding promptly in writing.

9.3. Following said notification, BEM Funding shall give a decision regarding the intellectual property. The aforementioned decision may include but is not limited to ownership, right to use, license, reproduction, distribution, and commercialization of the intellectual property.

9.4 .If you fail to inform BEM Funding of the creation of intellectual property, BEM Funding reserves the right to take legal action or any other relevant course of action to claim any and all rights related to the intellectual property and seek any applicable compensation.

9.5. You warrant and agree that in the event of the creation of intellectual property, in all cases BEM Funding retains the right to use, modify, reproduce, distribute, and commercialize or otherwise exploit such intellectual property, including any and all ancillary or subsidiary rights without any restrictions or obligations to you, regardless of the ownership determination. You further warrant and agree that in all cases you will not take any actions that would jeopardize or obstruct BEM Funding's ability to use, license, reproduce, distribute, commercialize, or otherwise exploit such intellectual property, including any and all ancillary or subsidiary rights regardless of ownership determination.

9.6. You warrant and agree that you will provide all necessary assistance and cooperation to BEM Funding to ensure the protection and enforcement of all of BEM Funding's rights to the intellectual property. This includes but is not limited to the provision of BEM Funding with any and all relevant documentation and paperwork related to the intellectual property

9.7. You acknowledge and agree that you shall not make any claims of ownership or rights to any intellectual property created or developed through your use of the platform.

9.8. You expressly waive any moral rights or similar rights in any intellectual property created, developed, or generated through your use of the platform, to the fullest extent permitted by applicable law.

9.9. You agree to keep confidential and not to disclose to any third party any intellectual property or proprietary information generated through your use of the platform. You acknowledge that any breach of this confidentiality obligation may result in significant harm to BEM Funding and agree to indemnify and hold BEM Funding harmless from any damages resulting from such a breach.

9.10. You warrant that you agree to all provisions of this clause and that you will not violate or undermine these provisions under any circumstances. You acknowledge that any breach of this clause may result in significant harm to BEM Funding and agree to indemnify and hold BEM Funding harmless from any damages resulting from such a breach.

10. Fees, Payments, and Refunds

10.1. Fees: BEM Funding charges fees for access to certain features or services, as detailed on our pricing page or within the service agreement. All fees are stated clearly in United States Dollars (“USD”), and you are responsible for paying all fees charged by us and applicable taxes associated with your use of the Services.

10.2. Payment Methods: You can pay for services using the methods we provide on our platform, which may include credit card, debit card, or other payment gateways. By submitting your payment information, you authorize us to process and store your payment and related transaction information.

10.3. Subscriptions: Some services may require a subscription. Unless otherwise specified in the terms of the subscription, subscriptions will auto-renew until you cancel. You may cancel your subscription at any time by following the cancellation procedures outlined on our website.

10.4. Refunds: Refunds are available for certain services if you are not satisfied, as detailed in our refund policy. To qualify for a refund, you must meet the conditions specified in the refund policy, which typically require notification within a certain period after purchase.

10.5. Late Payments and Non-payment: If any fees owed to us by you are 14 days or more overdue, we may, without limiting our other rights and remedies, suspend our services until such amounts are paid in full. We will provide you with prior notice that your account is overdue, before suspending services to you.

10.6. Changes to Fees and Payment Terms: BEM Funding reserves the right to change the fees and charges in effect or add new fees and charges from time to time, but we will notify you in advance of changes in fees or new fees applicable to you.

11. Technical Requirements and Support

11.1. System Requirements: Use of the Services requires a compatible computer, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. You agree that meeting these requirements, which may change from time to time, is your responsibility. BEM Funding is not responsible for any technical issues that arise from your failure to meet these requirements.

11.2. Technical Support: Technical support is provided via e-mail support. Our support team is available to assist you with any issues or questions you may have about your use of the Services. Please contact us through the designated means as outlined on our platform.

11.3. Updates and Maintenance: BEM Funding may update the platform and its related services periodically to enhance subscriber experience and security. These updates may occur automatically without additional notice. We strive to maintain high service availability, however, maintenance, security, or capacity issues, among other reasons, may necessitate service interruptions.

11.4. Responsibility for External Devices: You are responsible for any external devices or services required for your use of our Services, including, but not limited to, a computer, modem, and Internet connectivity. Any issues related to external devices or services are not covered by BEM Funding support.

11.5. Third-Party Links: Our Services may contain links to third-party websites or services that are not owned or controlled by BEM Funding. BEM Funding has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that BEM Funding shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

12. Limitation of Liability

To the maximum extent permitted by applicable law, BEM Funding and its affiliates, directors, officers, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

(i) your access to or use of or inability to access or use the Services;

(ii) any conduct or content of any third party on the Services;

(iii) any content obtained from the Services; and

(iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

BEM Funding’s total liability for all claims related to the Services will not exceed the amounts paid by you to BEM Funding for the past three months of the services in question.

13. Dispute Resolution

13.1. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms ("Dispute"), you and BEM Funding agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other.

13.2. Binding Arbitration: If you and BEM Funding are unable to resolve a Dispute through informal negotiations, either you or BEM Funding may elect to have the Dispute (with the exception of those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be conducted by a single arbitrator, chosen in accordance with the rules that the arbitrator deems appropriate. The arbitration will take place in Dubai International Arbitration Centre (DIAC), unless you and BEM Funding agree otherwise.

13.3. Restrictions: You and BEM Funding agree that any arbitration shall be limited to the Dispute between BEM Funding and you individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

13.4. Exceptions to Informal Negotiations and Arbitration: You and BEM Funding agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or BEM Funding’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

14. Indemnification

You agree to indemnify, defend, and hold harmless BEM Funding, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you or any other person accessing the Services using your internet account. This includes but is not limited to any breach of the representations and warranties mentioned herein, your negligent or wrongful conduct, or any other inappropriate behavior (including unlawful or objectionable conduct) by you or any other person accessing the Services under your account.

Furthermore, you will indemnify and hold BEM Funding harmless from any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

- Your use of and access to the Service;

- Your violation of any term of these Terms and Conditions;

- Your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right;

- Any claim that your content caused damage to a third party;

- Any subscriber content that you post or share on or through the Service;

- Any activity related to your Internet account, including negligent or wrongful conduct by you or any other person accessing the Services using your account.

15. Feedback and Suggestions

15.1. Feedback and Suggestions

1. Encouragement of Feedback:

- BEM Funding values and encourages feedback from its subscribers to help improve our Services. Your insights, suggestions, and comments are important to us and help us enhance subscriber experience and functionality.

2. Submission of Feedback:

- You may provide feedback, comments, and suggestions for improvements to the Services ("Feedback") through designated channels such as our website, email, or other communication methods specified by BEM Funding.

3. Rights to Feedback:

- By submitting Feedback, you grant BEM Funding a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, sub-licensable, and transferable license to use, reproduce, distribute, display, perform, modify, create derivative works of, and otherwise exploit the Feedback for any purpose. This includes, but is not limited to, improving the Services and developing new products and services.

4. No Obligation to Use Feedback:

- While we value and appreciate your Feedback, BEM Funding is under no obligation to use, respond to, or implement any Feedback submitted. Any use of Feedback is at our sole discretion, and you will not be entitled to any compensation for providing Feedback or for any use of your Feedback by BEM Funding.

5. Non-Confidential Feedback:

Feedback provided to BEM Funding is considered non-confidential and non-proprietary. BEM Funding is under no obligation to maintain the confidentiality of any Feedback, unless specifically agreed otherwise in writing.

6. Attribution of Feedback:

- If we decide to use your Feedback, we are not obligated to provide you with attribution or credit unless explicitly agreed upon. By providing Feedback, you acknowledge and agree that your submission is voluntary, unsolicited, and without restriction.

7. Subscriber Responsibility:

You are solely responsible for the content of your Feedback. You agree that your Feedback does not violate any third-party rights, including intellectual property rights, and does not contain any unlawful, defamatory, or otherwise inappropriate material.

8. Feedback for Beta Features:

- If your Feedback is related to Beta Features, additional terms specific to Beta Features, as outlined in our Beta Features clause, may apply.

16. Miscellaneous Provisions

16.1. Severability: If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms and Conditions shall continue in effect.

16.2. Entire Agreement: These Terms and Conditions and its schedules, the Privacy Policy, Refund Policy, and AML Policy contain the entire agreement of the Parties hereto with respect to the subject matter hereof. It may be modified or amended solely by the Company at any time.

16.3. Waiver: No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and BEM Funding's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision

16.4. Assignment: You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without BEM Funding’s prior written consent. Any attempt by you to assign or transfer these Terms and Conditions, without such consent, will be null and of no effect. BEM Funding may assign or transfer these Terms and Conditions, at its sole discretion, without restriction.

16.5. Force Majeure: Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

16.6. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of Dubai United Arab Emirates, without regard to its conflict of law provisions.

17. Closing Statement of Terms and Conditions

Thank you for reviewing our Terms and Conditions. Your decision to use BEM Funding signifies your agreement to these Terms and Conditions as a legally binding contract between you and BEM. If you have any questions or need further clarification regarding these Terms, please do not hesitate to contact us at [email protected].

We hope you find your experience with BEM Funding both educational and enjoyable. We look forward to providing you with a high-quality educational trading experience.

Effective Date: These Terms and Conditions are effective as of approval date and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

Contact Us: If you have any questions about these Terms, please contact us at:

Support Team: [email protected]