Terms & Conditions

Last Update – Jan. 1st 2026

1. Introduction

BEX Software Development LLC (“We” “Our” “Us” or the “Company“) is a technology company that provides a variety of services through bemfunding.com website (the “Services” and the “Website“). These Terms and Conditions (the “Terms“) govern Our legal relationship with Our Users (“Customer” “User” “You” and “Your”) when those access the Website, use the Services, and interact with Us in any manner.

These Terms govern the entire relationship between You and Us. We may modify these Terms from time to time in Our sole discretion. You shall be bound by such modifications effective immediately upon posting on the Website. It is Your sole responsibility to review these Terms prior to each use of the Services. The activity you engage in when you submit simulated trades in your challenge or Verification account is not trading in real financial instruments.

As part of the continuous improvement and evolution of Our Services, We may make modifications such as adding or removing features and functionalities and offering new digital content or services or discontinuing old ones. We may also change some digital content or Services (i) to adapt to new technologies, (ii) reflect increases or decreases in the number of people who use a particular service (iii) respond to key changes in the agreements, licenses, and partnerships We have with third party service providers, (iv) to prevent any abuse or harm or (v) to address legal, regulatory, safety, or security issues.

BY SIGNING, CLICKING “I AGREE,” “ACCEPT,” OR ANY OTHER SIMILAR BUTTON OR LINK, OR BY INSTALLING, ACCESSING, AND/OR USING OUR SERVICES, YOU EXPRESSLY ACCEPT, ACKNOWLEDGE, AND AGREE THAT YOU OR THE COMPANY YOU REPRESENT ARE ENTERING INTO A LEGAL AGREEMENT WITH US AND HAVE UNDERSTOOD AND AGREED TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS, INCLUDING OUR PRIVACY POLICY.

PLEASE CAREFULLY REVIEW THESE TERMS BEFORE USING OR CONTINUING TO USE ANY OF OUR SERVICES. THE TERMS INCLUDE IMPORTANT INFORMATION ABOUT YOUR RELATIONSHIP WITH US. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THESE TERMS (OR ANY AMENDMENT THERETO), YOU SHOULD IMMEDIATELY STOP USING THE SERVICES. WE ENCOURAGE YOU TO READ THE TERMS AND OUR PRIVACY POLICY CAREFULLY AND USE THEM TO MAKE INFORMED DECISIONS.

2. Definitions

Capitalized terms shall have the meaning set out in these Terms unless the context requires otherwise.

“Account” means a User’s designated account allowing a User to access the dashboard and use the Services, view the status of the various Services the User is subscribed to, join new Services offered from time to time, and manage the User’s personal information and profile.
“User”, “You” and “Your” means any person browsing our Website or registers for an Account.
“Evaluation” The Evaluation stage is a simulated training environment where We evaluate Your performance for the opportunity to become a BEM Trader based on your trades. During the Evaluation stage, You will be granted access to certain tools for simulated trading, analytical tools, training, and educational materials, and other ancillary services.
“Forbidden Territory” means any jurisdiction where Our Services are not available, including but not limited to: Afghanistan, Belarus, Burundi, Central African Republic, Cuba, Congo Republic, Crimea, Democratic Republic of Congo, Eritrea, Guinea, Guinea-Bissau, Iraq, Iran, Israel, Laos, Lebanon, Liberia, Libya, Myanmar, North Korea, Palestinian Territory, Papua New Guinea, Russia, South Sudan, Sudan, Somalia, Syria, Vanuatu, Venezuela, and Yemen.
“BEM Trader” If You successfully complete the Evaluation and User Verification Process, We may offer You to become a BEM Trader and trade with our simulated trading capital.
“BEM Trader Agreement” If you successfully complete the Evaluation and User Verification Process, your transactions will be reviewed by our risk department. If the risk department's review reveals no irregularities in your transactions or, they will define the contract you need to sign to become a BEM trader.
“Dashboard” means our platform that serves as a centralized dashboard for all the knowledge, content, and Services.
“Intellectual Property” means any and all worldwide intellectual property rights, whether registered or not, including but not limited to: (a) patents, patent applications, and patent rights, know-how, inventions, research data, and development activities, and discoveries; (b) rights associated with works of authorship including copyrights, copyright applications, copyright restrictions, mask work rights, mask work applications, and mask work registrations; (c) rights relating to the protection of trade secrets and confidential information, including but not limited to confidential and proprietary information concerning the business and financial activities of Us and any information concerning its service providers, employees, customers, suppliers, and partners; (d) trademarks, trade names, service marks, logos, trade dress, goodwill, and domains; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; and (f) divisions, continuations, renewals, reissues, and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
“KYC” stands for Know Your Customer, which means the process of a business verifying the identity of its clients and their UBOs, and assessing potential regulatory risks of the business relationship.
“Sanctions Regime” means any and all economic or financial sanctions, sectoral sanctions, secondary sanctions, trade embargoes, and restrictions, and anti-terrorism laws imposed, administered, or enforced from time to time on either countries, regions, entities, or natural persons by:
“Services” as outlined in the ‘Services’ section.
“Trading” means instructions provided by Users in simulated environments accessed through the Dashboard, simulating real-life trading using Dashboard-designated fictitious funds.

3. Sanctions, Eligibility, and AML

Our AML, Sanctions and Eligibility guidelines can be found at the following link. The company reserves the right to make changes to these regulations due to changes in applicable laws or at its own discretion, and by accepting this Agreement, You consent to the Company making such changes.

4. License Intellectual Property

We shall use commercially reasonable efforts to grant You a limited, personal, revocable, non-exclusive, non-transferable, non-sub-licensable right to use the Website, the Dashboard, and the Services for internal and personal use only, including any revisions, releases, corrections, copies, modifications, derivatives, enhancements, updates, or upgrades thereto, in accordance with these Terms (the “License”). For the avoidance of doubt, You do not acquire any rights whatsoever in and to the Website or the Services beyond the rights expressly granted herein, and any such use of the Website or the Services shall be in accordance with the Terms. We retain the right to review and monitor all use of the Website or the Services to ensure compliance with the terms of the License and these Terms.

We retain complete ownership of all right, title, and interest, including all Intellectual Property Rights, in and to the Website and any associated documentation provided by Us.

The User expressly understands and agrees that it will not acquire any right, title, or interest in and to the Website, the Dashboard, and the Services except as expressly provided in these Terms. We reserve all rights in and to the Website, the Dashboard, and the Services not expressly granted in these Terms.

Without prior written authorization from Us, the User will not and may not authorize any third party to:

Allow a third party who has not been expressly and previously authorized to access or use the Website to access or use the Website, whether for payment or free of charge.
Translate, modify, adapt, copy, or reproduce the Website or any other element, function, or graphic of the Website, and/or merge all or part of the Website in other computer programs.
Sublicense, lend, rent, distribute, commercialize, transfer, sell, resell, or divest the Website in any manner.
Develop any product or service that competes with the Website or is identical or similar to the Services.
Reverse engineer, decompile, disassemble, or otherwise attempt to circumvent any mechanism, or seek to reconstruct or discover the source code of the Website.
Conceive a derivative work based on the Website.
Compile, collect, or assemble information pertaining to the Website in order to make use of it commercially, create a product or service similar to, identical to, or competing with the Website.

5. Registration Process

User Verification Process – After completing the Evaluation stage and in order to become a BEM Trader, You have to verify your Account (“User Verification Process“). We may conduct the User Verification Process at any time at our sole discretion.The duration, steps, and requirements of the User Verification Process depend on security requirements, in particular Anti-Money Laundering considerations, which may change from time to time depending on the legal framework and technical developments. At any time during the User Verification Process, We may request a video interview, identification documents, additional information, and documents necessary to complete the User Verification Process including checks to ensure that You have not exploited or abused the system, passed the Evaluation fraudulently or inauthentically, or breached the Trading Rules (see “Termination Rights” Section, Terms of Use, Prohibited Trading Practises for more details). You acknowledge and agree that We may record the video interview for verification and record-keeping purposes.

Up-to-date and complete information – You confirm that any document and information that You provide Us with is valid, up-to-date, correct and complete and that You have not withheld any information that could potentially influence the Client Verification Process (e.g. You have not withheld any information that could potentially trigger any further due diligence). If any such information changes, it is Your obligation to provide the new information to Us as soon as practicable following such change.

We will request specific information from You during the process of becoming a BEM Trader and from time to time for as long as You remain a BEM Trader, which is required by law, regulation, or guidelines of other authorities (e.g. AML or Sanctions Regime).

After having successfully registered an Account, You may log in to the Dashboard and access the Services.

There is no guarantee that a specific person can successfully complete the User Verification Process and thus become a BEM Trader even if the relevant User has provided all information requested by Us. The reasons for this may include, but are not limited to, legal restrictions or commercial considerations. We may refuse to continue the User Verification Process, in which case, this person cannot successfully pass the User Verification Process.

The Services offered on this Website are intended for personal use only. Registration and use of the services are not permitted using company details or any other legal entity. Furthermore, invoices will be issued and payments for services will be accepted exclusively in the name of the registered User. Withdrawals will only be permitted to an account held in the registered User’s name.

6. Account

Once We deem the Verification successful, We may recommend You as a candidate to become a BEM Trader. This does not guarantee that You will be accepted as a BEM Trader. We are not responsible if You are not admitted as a BEM Trader for any reason. For more information about becoming a participant of BEM Funding, please refer to the relevant sections of these Terms. If any conditions under these Terms and Conditions or other related rules are breached, We will deem the Verification unsuccessful.

Prohibition of multiple accounts. Except upon Our prior written approval in specific cases, We allow only one Account per User. Multiple accounts for the same User are prohibited. Should another account (the “Double Account“) be created in addition to Your first account, We reserve the right to block the Double Account and keep it locked.

Prohibition of shared Accounts – Shared or joint accounts are prohibited. Each Account must be owned by a single natural person (or, where permitted, a single legal entity), subject to the fulfillment of the applicable requirements.
No transfer of Accounts – You may not transfer your Account (whether by sale, donation, or otherwise) to any other person or entity.
Address Changes – You must ensure that the contact information (e.g. e-mail address) You provided to Us during registration is current and accurate. As long as You do not notify Us about a new e-mail address, any communication from Us will be sent to the previous e-mail address. Notices delivered to the previous address shall be deemed delivered to, and received by You if We were not notified in writing of any changes to the e-mail address.

Obligations to act and cooperate on the part of the User. You, as a User, undertake to:

Have full legal capacity under the laws of your country/state of residence;
Promptly execute any contracts and declarations and provide any assistance reasonably requested by Us in connection with the Services or otherwise.
State Your principal residency during the User Verification Process.
Without undue delay, update Us about any changes to Your personal data (name, mailing/postal address, principal residence or e-mail address). The same applies if You notice that – for whatever reason – Your personal information displayed on Our Services does not conform to the documents and information provided by You to Us.
At all times ensure that your internet browser and the underlying operating system are kept up to date among other things, that all security patches and updates are installed.
Notify Us without undue delay about any loss or restriction of Your capacity to enter into or remain subject to any contract.
Ensure the security of Your own systems and data. These responsibilities include, but are not limited to, using strong and unique passwords, keeping Your software and devices updated, utilizing appropriate security measures, and reporting any suspected vulnerabilities or weaknesses promptly to our Support Team.

7. Services

We may offer the following Services, as may be updated from time to time, at Our discretion.

Dashboard – User can register for free to our dashboard, which grants User access to a variety of resources including study materials, webinars, YouTube videos, and blog posts. By joining the dashboard, Users may gain access to valuable content designed to enhance their learning experience. Through the dashboard the Users also access the Evaluation and BEM Trader stages (if eligible). We may offer additional services, content and community features on the dashboard from time to time. Such additional features may be subject to additional terms as shall be published on the dashboard.
Trading Platform – As part of the Services, We may provide access to several trading platforms which allows the User to perform the simulated Trading activities (“Trading Platform”).
Platform and Service Availability – You acknowledge that specific Services or Evaluation programs may only be offered on designated Trading Platforms. The available Trading Platform options for each Service will be presented to You at the time of purchase. When purchasing an Evaluation program, You will be required to choose one of the available Trading Platforms for that specific Service. You acknowledge that once a Trading Platform is chosen for a program, this choice is final and cannot be changed.
Platform Availability and Restrictions – You acknowledge and agree that the availability of specific Trading Platforms may be subject to change and may vary by geographical location. These limitations are often imposed by the third party providers of the Trading Platforms. We shall not be liable for the unavailability of a specific platform in Your jurisdiction.
Evaluation – The Evaluation stage is a simulated training environment where We evaluate Your performance for the opportunity to become a BEM Trader based on your trades. During the Evaluation stage, You will be granted access to certain tools for simulated trading, analytical tools, training and educational materials, and other ancillary services. You must have prior trading experience and an understanding of the Evaluation programs before entering the Evaluation step. The Evaluation step is not intended for those with no prior experience. We encourage You to utilize the educational materials available on the dashboard and external sources to enhance your existing knowledge and experience.

In order to complete the Evaluation and become a BEM Trader User, You must meet all profit targets (the parameters for each of the programs are explained here “Terms of Use”), pass the User Verification Process and comply with the Terms. If You fail to meet any of these conditions, You will be evaluated as unsuccessful and will not be entitled to any refund. You may attempt to complete the Evaluation again for an additional fee.

You acknowledge that any trading that You perform through the Evaluation is entirely simulated and is not real. You also acknowledge that the “funds” provided to You for the Evaluation are fictitious, do not represent any currency, and that You have no right to possess those fictitious funds beyond the scope of their use within the Website and for the sole purpose of the Evaluation, and in particular that they may not and cannot be used for any actual trading and that You are not entitled to any payment or other right in or of those funds.

The one-time fee for the Evaluation varies according to the program You selected. Once You select a certain program, it is not possible to change it. The one time fee is paid in exchange for allowing You to access the Evaluation and any Services or educational resources provided in connection therewith. You are not entitled to a refund of the fee, for example, if You cancel the Account or request the cancellation by e-mail, if You terminate the use of the Services prematurely (for example, fail to complete the Evaluation or the User Verification Process), You fail to meet the conditions to become a BEM Trader, or if You violate or breach the Terms in any manner.

We reserve the right to unilaterally change the fees and parameters of the Services at any time, including the parameters for their successful completion. The change does not affect the Services purchased before the change is notified.

You acknowledge that We have and will retain access to all information about the simulated or demo trades that You perform during the Evaluation. You grant Us your express consent to share this information with any persons/entities who are affiliated with Us, and You grant Us and these persons/entities Your consent and authorization to handle this information as necessary. You agree that these activities may be performed automatically without any further consent, consultation, or approval on Your part being necessary, and that You are not entitled to any remuneration or revenue associated with the use of the data by Us. We are aware that You do not provide Us with any investment advice or recommendations through Your simulated or demo trading.You acknowledge that You may suspend Your simulated or demo trading at any time.

Cryptocurrency pricing may be sourced through third party infrastructure, including centralized exchanges. We do not guarantee uninterrupted access or availability of any specific instrument.

We impose limitations on the maximum funding capital You can purchase for Evaluation accounts. For specific details regarding these limitations for each program, please refer to the program parameters provided on Our Website.

BEM Trader – If You successfully complete the Evaluation and User Verification Process, We may offer You to become a BEM Trader and trade with Our simulated trading capital. You acknowledge that Your personal data may be shared with a third parties for purposes of considering whether to make any offer to You. It is hereby clarified that when using Our system, the positions are evaluated and monitored by Us and We may use Our discretion as to whether to conduct analytical assessments on this matter.

Completing the Evaluation and User Verification Process does not guarantee acceptance as a BEM Trader. You acknowledge that We may request at BEM Trader to apply specific risk parameters to their trades to accurately assess risk within Your Account.

If You are accepted as a BEM Trader, the legal relationship between You and the Company will be governed by additional terms, which You will be required to accept in addition to these Terms.

Third Party Services – We may, at Our discretion, arrange for certain actions and services to be performed by or through a third party which may be an unaffiliated company, or an affiliate of Ours, including unregulated entities (“Third Parties”). Any authority granted to Us by You, and any limitation of liability granted to Us, shall also extend to include Our affiliates, agents and any service providers. Us and the agents, affiliates or service providers acting on Our behalf under this section are authorized to perform the Services. You consent to Us providing Your identifying information to any Third Parties.

You may be made aware of or offered services, content, features, products, external applications, offers and promotions provided by Third Parties, to be separately acquired by You (individually and collectively, “Third Party Services”). Our consent to do so does not reflect any sponsorship, endorsement, approval, investigation, verification and certification or monitoring of such Third Party Services by Us. Your acquisition of such Third Party Services, and any exchange of data between You and any provider of Third Party Services, is solely between You and such provider. We do not warrant Third Party Services in any way. Under no circumstances will We have any liability for Third Party Services. You choose to use any Third Party Services at Your own risk, and under terms and conditions agreed between You and the provider of Third Party Services that are different from the provisions of these Terms. You further acknowledge that We have no control over Third Party Services and that You may be charged fees by the Third Party Service provider. We are not responsible for any Third Party Services’ fees. You are solely responsible for Your use of the Third Party Service, and You agree to comply with all terms and conditions applicable to any Third Party Service when using such.

8. Payment Terms

The amounts of fees for the Evaluation program options are in U.S. Dollars. In the event of payment of the fee in any currency other than U.S. Dollars, the amount of the fee for the selected option shall be converted to U.S Dollars using the exchange rate of Your payment processor. Service charges are inclusive of all taxes. You are obliged to fulfill all of Your tax obligations in connection with the use of our Services in accordance with applicable law, and in the event of an obligation, User is obliged to pay tax or other fees properly.

You can pay the fee for the selected program of the Evaluation by credit/debit card, via a bank transfer, or using other means of payment that We currently offer on the Website.

In the event of payment by credit/debit card or via any other express payment method, the payment shall be made by the owner of the card and immediately. If You select a bank transfer for payment, We will subsequently send You a pro forma invoice in electronic form with the amount of the fee for the program of the Evaluation You have chosen on the Website. You undertake to pay the amount within the period specified in the pro forma invoice. The fee is considered paid when its full amount is credited to Our account. If You do not pay the amount on time, We are entitled to cancel Your order and terminate the transaction. User bear all fees charged by the selected payment service provider (according to the current price list of the payment service provider) in connection with the transaction and the User is obliged to ensure that the respective fee for the selected Evaluation program is paid in full.

If You are directed to a third party website to make purchases, Your purchase will be governed by the terms of such third party website. If You desire to supply credit or debit card information, personal data, or financial information to any third party service provider or to any linked website, You do so at Your own risk and discretion. We strongly recommend You review the terms and conditions and privacy policy of any third party before providing such information. We are not responsible should if You provide such information to any third party and are not responsible for the use of such information by any third party.

9. Refunds

The User's right to a refund is limited to the following:

Timeframe for Notification: Refund requests must be submitted within fourteen (14) days of the date of purchase or initiation of the service contract.
Condition of Service at the Time of Request: The services must be in the state they were provided at the time of purchase, primarily unused. For the avoidance of doubt, any transaction made by the User constitutes use of the Account and will therefore not be eligible for a refund.

10. User Data / Consent

The Dashboard and our Social Media Channels may allow users to share content and interact with other Users on matters related to their trading activity (each, “User Content”). By submitting User Content, You grant Us a worldwide, non-exclusive, royalty-free, irrevocable, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media now known or hereafter developed.

Your uploading of User Content is subject to the following:

You are solely responsible for Your User Content. By sharing content, You warrant that You own or have the necessary rights and permissions to use and authorize Us to use the content as described in these Terms, and that the content does not violate any third party rights or applicable laws. You further agree to indemnify and hold Us harmless from any claims, losses, liabilities, damages, costs, and expenses (including legal fees) arising from Your User Content or any violation of these Terms.

Users are prohibited from submitting content that:

Is unlawful, defamatory, obscene, or otherwise offensive.
Infringes on any intellectual property or proprietary rights of others.
Contains viruses, malware, or other harmful code.
Violates the privacy of others or contains personal information without permission.
Is spam or otherwise intended to solicit or promote commercial activities without authorization.

It is further clarified that We do not endorse or assume responsibility for any User Content posted in the Dashboard or our Website. Opinions, advice, statements, or other information provided by Users are solely those of the respective author and do not necessarily views, opinions, or recommendations.

We reserve the right (but are not obligated to) delay publication, monitor, review, edit, or remove any User Content at our discretion and without prior notice. We may remove content that we believe violates these terms, our policies, or any applicable laws. Moreover, We may retain User Content even after an account is deleted, as necessary to comply with legal obligations, resolve disputes, enforce our agreements, or otherwise operate our Website.

If you believe any User Content on Our Website violates these terms, please contact Us as described in these Terms and Conditions. We will investigate complaints and may remove content at our discretion, as further provided in our rules.

11. Termination Rights

Termination for Cause. We reserve the right to terminate the entire relationship between You and Us and/or suspend, block and/or restrict Your access to the Services immediately, for cause, for specific functions, for reasons that include, but are not limited to, the following:

We reasonably believe that You are or have been convicted or accused of (including any reasonably documented media reports or market rumors on) any breach or violation of criminal, administrative or tax laws in any country or jurisdiction, e.g. fraud, terrorist financing, money laundering, tax fraud, using matrix programs, pyramid programs, multi-level marketing or other high-risk business detrimental to customers, unlawful activity in any jurisdiction, forbidden gambling, intellectual property or proprietary rights infringement, counterfeit or unauthorized goods, using/distributing drugs and drug paraphernalia or substances designed to mimic illegal drugs, producing/distributing adult content and services.
Official investigations (by any competent authority, in particular, but not limited to, any public prosecutors or authority in the field of criminal law, financial regulation or tax agents) against You have been initiated or threatened with respect to any breach or violation of relevant criminal, administrative, financial or tax laws in any jurisdiction.
Upon your death or, in case of legal entities, a filing for bankruptcy, winding up, dissolution or liquidation, or
If your registration on the Website is duplicative.
We do so in order to comply with any (i) applicable laws (in particular for AML purposes) or regulations, (ii) internal guidelines based on such laws or regulations, (iii) any order or request by a court or other competent authority, or (iv) any applicable Sanctions program.
You have breached any of Your obligations under these Terms or Third Party Services terms and have failed to cure such breach within five (5) business days from the date of notification of such breach by Us.
If You lodge an unjustifiable complaint regarding the paid fee or dispute the paid fee with Your bank or payment service provider (e.g. through chargeback services, dispute services, or other similar services), on the basis of which an annulment, cancellation or refund of the fee or any part thereof is requested, We are entitled, at Our own discretion, to stop providing You with any Services and refuse any future provision of any services.
We believe that You are using Your Account for any commercial or marketing purposes (including but not limited to selling services based on teaching others how to pass the Evaluation stage), or make any defamatory statements or publishes harmful content about the Company or the Services, including, without limitation, the unauthorized disclosure or publication of email correspondence or other private communications with the Company.
We reasonably believe that You are involved with a competing company or if there is reasonable suspicion of a conflict of interest.
As a result of a change to these Terms as set out in Clause 16.
We have identified any Prohibited Conduct or that You have breached any of the following trading rules applicable to Our Services as detailed here (collectively, the “Terms of Use” and “Prohibited Trading Practices” ).
Use exploitation of price discrepancies or glitches within different markets of similar or identical assets, also known as Arbitrage Trading.
High-frequency trading in which the majority of trades' duration span is measured within a few seconds or less.
We reserve the right to terminate the Agreement with You in respect of an evaluation in case of your prolonged inactivity. Prolonged inactivity is when: (a) You do not open at least one simulated trade on the Trading Platform for a period of thirty (31) consecutive calendar days, or (b) You maintain an ongoing loss in the evaluation that remains within 2% below the current maximum loss limit of the relevant program, as defined in the Terms of Use, for a period exceeding thirty (30) consecutive calendar days, whereas (i) performing simulated trades designed to circumvent this rule will be deemed to fulfill this condition and (ii) circumventing means performing simulated trades not consistent with your previous Simulated trading pattern.
Using a bracketing strategy by opening pending orders around high-impact news. It consists of opening buy and sell stops close to the price before the news.
Intentionally or unintentionally employ trading strategies that take advantage of errors within the system.
Trade coordination or copy trading with other traders or accounts; One-sided-bets; Expert advisors which scalp during the rollover-night to take advantage of the price feed; Expert advisors from a third party where other traders have the same trades open; Using expert advisors from a provider where the trader does not own the source code; Tick Scalping; Hedge Arbitrage Trading; Reverse Arbitrage Trading.
Account sharing or reselling accounts with other individuals or entities.
Using any software, artificial intelligence, ultra-high speed, or mass data entry which might manipulate, abuse, or give the User an unfair advantage while using the Services.
Otherwise performing trades in contradiction with how trading is actually performed in the applicable markets, or in a way that establishes justified concerns that the Company might suffer financial or other harm as a result of User’s activities.
Using any instruments that may adversely affect the operation of the Services or that would be intended to misuse any errors, bugs, or other deficiencies of the Services.
Circumventing geographical restrictions of availability or any other technical restrictions.
Trading on behalf of others including but not limited to sharing any incentives as part of any business arrangement; or engaging in other conduct which in the sole discretion of the Company, represents uncommercial activity, is intended to game the market, or otherwise is not a viable trading strategy.
You use Our systems to distribute malware or other malicious code, infringe on third party rights for privacy, distribute adult content, pornography or child abuse, threaten harm to persons or property or otherwise act in a manner constituting harassment, infringe any third party intellectual property or engage in any other illegal behavior act or solicit, facilitate or encourage others to do so.
You have used an Account without any necessary legal authority to use such an account.
You concealed Your true identity or origin of funds by providing incorrect, incomplete, outdated or misleading data to Us.
You manipulated Our systems, whether manually or through any use of an automated system (e.g. bot) or any other tool or method which deviates from normal, typical and intended use of Our system.
You acknowledge and agree that User is solely responsible for staying current on Terms of Use and Prohibited Trading Practices which are subject to change at any time and from time to time, with or without notice. For more details on prohibited trading practices, please refer to prohibited trading practices.

12. Use of Automated Trading Software

The User may use any custom, algorithmic, or other automated trading software (collectively, “Automated Trading Software”) owned or developed by the User in connection with the User’s activities subject to the following terms:

User shall notify the Company in writing and obtain written approval from the Company prior to using any Automated Trading Software.

No Automated Trading Software may be used unless the Company has given prior written approval for its use, which approval shall be at the Company’s sole discretion.

User shall indemnify the Company against any claim that such Automated Trading Software infringes on the intellectual property rights of any third party and any and all claims, losses, damages, costs, and fees, including reasonable attorneys’ fees, incurred by the Company as a result of User’s use of the Automated Trading Software.

User shall be responsible for all costs and expenses with respect to such Automated Trading Software.

User acknowledges that the Company may require advance testing of Automated Trading Software in its sole discretion. Notwithstanding the foregoing, the Company prohibits use of any Automated Trading Software owned or developed by any third party other than the User.

The use of Automated Trading Software does not guarantee the User’s success at the Evaluation of BEM Trader and the Company’s approval of any Automated Trading Software shall not be deemed an endorsement or guarantee of success.

13. Data Protection

We respect Your privacy. In the course of using the Website and Services, We will collect and store personal data.Information about Our data collection and retention policies is provided in the Privacy Policy

14. Prohibited Trading Practices

You must not engage in any Simulated Trading which involves Prohibited Trading Practices. A list of Prohibited Trading Practices is available here. You must familiarise yourself with the Prohibited Trading Practices. We reserve the right to determine, at our own discretion, whether certain simulated trades, practices, strategies, or situations qualify as or fall within a Prohibited Trading Practice. We may update the list of Prohibited Trading Practices from time to time. We may also impose restrictions on the use of the Trading Platform from time to time if We reasonably suspect that your simulated trading involves a Prohibited Trading Practice.

15. Risk Management Rules

A fundamental aspect of Our mission is to educate traders and enhance their skills to cultivate responsible trading habits. We strive to maintain a secure environment for traders to engage in Simulated Trading and We retain the discretion to implement any measures We consider appropriate to prevent activities We deem analogous to gambling, unsafe for the continuation of Our business or to prevent any other conduct that We, at Our sole discretion, regard as misaligned with Our mission and values.

When using the Services, You must abide by market-standard risk management rules for trading on financial markets. These are defined by Us, at Our discretion, acting reasonably, to ensure that activity is not designed to circumvent Our rules and amounts to genuine Simulated Trading strategies. Genuine strategies are strategies that use risk management rules a reasonable person would apply, when trading on financial markets with their own money. Market standard risk management rules include, as an example, avoiding:

Opening a substantially larger position sizes compared to Your other simulated trades, on any of your accounts.
Opening a substantially smaller or larger number of positions compared to Your other simulated trades, regardless of which of your accounts are concerned.
Undertaking repeated simulated trading activity that results in higher Risk per Trade Idea, thereby exposing your simulated account to cumulative exposure in a specific symbol or correlated symbols.

Consequences of Prohibited Trading Practices and breach of Risk Management Rules

If, acting reasonably, We determine that you have engaged in Simulated Trading which involves Prohibited Trading Practices or a breach of the Risk Management Rules, We may, at Our sole discretion:

Consider it a failure to meet the Trading Objectives of the BEM Funding or Verification.
Cancel one or more of Your simulated trades or remove any transactions that violate the Terms of Use, Terms and Conditions, or Prohibited Trading Practices from your trading history and/or not count their results in the profits and/or losses achieved in the Simulated Trading.
Immediately cancel all Services provided to you, including access to the User Area and the Trading Platform, and subsequently terminate any Agreements concluded with you with immediate effect pursuant to this Terms.
Inform BEM Funding who may take applicable steps under the BEM Funding Account Terms and Conditions in respect of any BEM Funding Accounts you may have, including cancellation of all of your BEM Funding Accounts or rewards thereunder and termination of the respective agreements.
Reduce the offered leverage on any or all your accounts/simulated trades.
Enforce the limitation on Risk per Trade Idea to the maximum limit We determine, acting reasonably, as a percentage of the Initial Simulated Capital, which must not be exceeded in terms of realised or unrealised loss (drawdown) on any single simulated trade or combination of simulated trades out of one trade idea.
Enforce a limitation on the volume of any specific symbol or asset class when simulated trading.
Impose restrictions on the use of the Trading Platform, and introduce any other additional measures We deem necessary, advisable or adequate in order to ensure your Simulated Trading activity reflects long-term sustainability and is not aimed at the mere exploitation of Our model including temporary or permanent consistency measures.

We will endeavour to notify You of any action We take. However, We are not required to notify you before taking such action.

If some or all Prohibited Trading Practices are executed on one or more of your evaluation or BEM Trader Accounts, then We are entitled to cancel all Services and terminate all Agreements relating to all BEM Funding Challenge and Verification Accounts you have, with immediate effect, apply other measures in these Terms and Conditions in respect of all such involved accounts with us.

Based on Our risk management unit's right to review your transactions, our risk management unit has the authority to invite the User to an online meeting as a result of this review. The User is obligated to respond in writing to the online meeting request within 7 days and to attend the meeting within a maximum of 21 business days. If you breach these obligations, We reserve the right to terminate your account without any refund.

We are not obliged to provide you with any compensation if We take any action against you in accordance with these rules. You are also not entitled to any refund of the BEM Funding Challenge Fee. In addition, We may adopt measures to prevent you from using our services in the future.

16. Change of These Terms

We may amend these Terms in the future (each such amendment a "Modification"). We will send You a notice of any Modification at least seven (7) calendar days before the change in the Terms is effective, via the User Area or by email. Your continued use of the Services will constitute acceptance of the Modification. If you do not agree with the Modification, you are entitled to reject it by email no later than the last business day before such changes take effect. In such a case, all Agreements will be automatically terminated. We are not obliged to pay any compensation to you in case of any Modification.

We may amend these Terms to, among other things:

Introduce new services or products or amend existing services or products.
Reflect legal or regulatory requirements applicable to us or the Services.
Make these Terms easier to understand and more helpful.
Adjust the way Our Services are provided, particularly due to technological developments or changes in background processes.
Reflect changes in the cost of offering the Services.

17. Data Accuracy

Although We intend to provide accurate and timely information on the Website, such information may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide You with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding Our Policies, products and Services. Accordingly, You should verify all information before relying on it, and all decisions based on information contained on the Website or App are Your sole responsibility and We shall have no liability for such decisions. Links to Third Party materials (including without limitation, websites) may be provided as a convenience but are not controlled by Us. You acknowledge and agree that We are not responsible for any aspect of the information, content, or services contained in any third party materials or on any third party sites accessible or linked to the Website.

18. Disclaimer of Liability

Simulated or hypothetical trading and performance results have certain inherent limitations. Unlike trading in a live market account, simulated or hypothetical trading in a demo account does not represent actual trading. Also, because trades in such an account are not actually executed, results may under- or overcompensate for the impact, if any, of certain market factors, such as risk adjustment or lack of liquidity. Simulated or hypothetical trading in general is also subject to the fact that such trading is more likely susceptible to being influenced by hindsight. No representation is being made that any live market trading account will or is likely to achieve gains or losses similar to simulated or hypothetical performance results in a demo account.

Subject to applicable laws, our services are provided “as is” with no warranty of any kind, “with all faults” and “as available”. Your use of our services is at your sole risk. We and Our licensors and service providers make no representations or warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation: (a) any warranty that the services will be uninterrupted, error-free or free of vulnerabilities, that the content will be secure or not otherwise lost or damaged; (b) any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement; or (c) any warranty arising out of any course of performance, course of dealing or usage of trade; or (d) that our services, or the server that makes it available, are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected.

We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access or use of the services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the services; (iv) whether the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and (v) any security breach, system vulnerabilities or weaknesses resulting by coding errors, design flaws, malicious code, malware, bots, worms, trojans, backdoors, exploits, cheats, fraud, hacks, hidden diagnostıcs, or other mechanisms to disable security or content protection.

We do not warrant that your activities or use of the sites or services are lawful in any particular jurisdiction and, in any event, we specifically disclaim such warranties. By using the Website or Services, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the website or services.

You acknowledge and agree that we are not a broker-dealer, and that we do not trade securities on our or another party’s behalf as part of the website or services, nor do we directly offer any financial advice as part of the website or services. You acknowledge and agree that we are not liable for any losses or gains that may arise from your activities or reliance upon information provided through the sites or services or your interaction with other users.

The information and materials provided on the website or services are not to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product, or instrument, or to participate in any particular trading strategy.

The company reserves the right to require a BEM Trader to apply specific risk parameters to accurately assess risk within their accounts. These parameters may include, but are not limited to, leverage limits or position size constraints. It is important to note that these requirements may be temporary in nature and subject to periodic review and adjustment by the company as necessary.

19. Limitation of Liability

In no event will the Company, its parents, subsidiaries, partners, or affiliates, or the respective service providers, employees, agents, officers, and directors of each be liable to You for any indirect, incidental, special, punitive, exemplary, or consequential damages, including any lost profits, lost or corrupted data, or lost opportunity, nor monetary harm or property damage even if You or any other person has notified Us about the possibility of such damages, or for any claims by any third parties, arising out of or in any way related to the access, use, or content of Our Website or Services or a linked website or in reliance on any tool, functionality, information, or other content available in connection with the Website or Services whether such claims are brought under any theory of law or equity.

We reserve the right to modify, change, replace, add, or remove any elements and functions of the Website and/or Services at any time without any compensation. We are not responsible for failure to provide the Website and/or Services if that failure occurs due to technical or operational reasons beyond Our control, including, without limitation, if due to force majeure events or if We are prevented from providing the Website and/or Services as a result of any obligations imposed by law or a decision of a public authority.

In no event will Our liability for any claim of any kind, whether based in contract, warranty, tort, strict liability, or otherwise, for any losses or damages arising out of, connected with, or resulting from, these Terms or the performance or breach thereof, or any product or service or the use or performance thereof, exceed the greater of (a) the amount paid by You to Us in the immediately preceding month for Our Services or (b) $100. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You. In such jurisdictions, Our liability will be limited to the maximum extent permitted by law.

20. Miscellaneous

Disclosure of data to authorities - Under the applicable AML and Sanctions Regime, We are obligated to maintain certain information about You for the duration required under applicable laws. In addition, under certain circumstances, We may be required to report any suspicion to the competent authorities. We may disclose any data relating to You and Your Account if required or requested to be disclosed by any court of competent jurisdiction or any governmental, banking, taxation or other regulatory authority or similar official body (for example, in connection with criminal investigations). We reserve the right to cooperate with such authorities to the maximum extent required by law.

Electronic signatures - All documents executed shall be in electronic form, including by agreeing to the Terms posted on Our Website and You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

No waiver of rights - Our failure to enforce or to exercise, at any time or for any period of time, any term of or any right or remedy arising pursuant to or under the Terms shall not constitute, and shall not be construed as, a waiver of such term or right or remedy and shall in no way affect Our right to enforce or exercise it later, provided that such right is not time barred, expired, or precluded.

Survival - The Terms shall survive and continue to apply after termination of the business relationship between the Parties until complete settlement.

Contractual language - In the event that these Terms are made and published in various languages, and in case of a dispute or any discrepancies, the English language version of the Terms shall prevail.

Order of precedence - In case of any conflict between the content on the Website and the Terms, the Terms shall prevail.

21. Governing Law

These Terms and the relationship between You and Us shall be governed by, and construed and interpreted in accordance with, the laws of the United Arab Emirates, and You irrevocably submit to the exclusive jurisdiction of the competent courts of Dubai with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms and the relationship between You and Us all subject to the applicable law.

22. Jurisdiction

Any and all contractual and non-contractual disputes, divergences or claims between the Company and You will be subject to the exclusive jurisdiction of the courts of Dubai, subject to the applicable law.

This website is operated by Bex Software Development LLC, a company registered in Dubai, United Arab Emirates and registered office at The Meydan Hotel, Grandstand, 6th Floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates.