terms-conditions - Winbance

Terms and Conditions

1. Definitions

Account: Refers to a registered user account with Winbance that grants access to specific services or functionalities on the website.
Content: Encompasses all information and materials on the Winbance website, including services, products, text, images, trading ideas, opinions, charts, financial information, and reviews.
Credit or Debit Card Information: Includes specific credit card or debit card details such as card number, CVV number, expiration date, billing address, and email address.
Data: Information generated by users and other individuals, including details related to trading activities.
Designated Agent: Refers to the representative designated by Winbance to receive notifications of claimed copyright infringement under the Digital Millennium Copyright Act.
Fee: Denotes the regular payment required for using an activated user account.
Feedback: Includes user comments, feedback, information, or materials regarding Winbance’s website and services.
Force Majeure Event: Encompasses acts or events beyond Winbance’s reasonable control, such as strikes, civil commotion, pandemic, natural disasters, government orders, or failure of public or private telecommunications networks.
Intellectual Property: Denotes Winbance’s website and services, their contents, or any copyright, trademark, trade name, service mark, or other proprietary information.
Website: Refers to any third-party-owned website linked to or from Winbance’s website.
Marks: Collective representation of trademarks, service marks, logos, and other identifiers used on Winbance’s website.
Orders: Indicate requests for subscriptions or other services placed through Winbance’s website or a third-party.
Personal Data: Includes information relating to identified or identifiable individuals or data used for behavioral profiling.
Services: Refers to the Livex / Livex SIM / challenges / Direct Pass® Dire or other services offered by Winbance and its affiliates.
Sites: Encompasses Winbance’s websites, applications, online services, and products.
Soft Breach: Occurs when the daily loss limit objective for a user’s account is breached, leading to temporary trading restrictions.
Terms: Includes these Terms of Use, operating rules, policies, and procedures published on Winbance’s website.
Third Party Services: Denotes products or services not under Winbance’s control or provided by Winbance.
Winbance: Refers to CAYBERFANCE LLC , a limited liability company.
Winbance Parties: Encompass Winbance, its parents, subsidiaries, affiliates, suppliers, licensors, and partners, along with their officers, directors, employees, agents, and representatives.
Winbance Products and Content: Refers to the website, services, system, content, and all other offerings on Winbance’s website.
User Content: Includes user-submitted blogs, comments, or other content intended for public display.
User Credentials: Denote the unique email/username and password combination for user authentication.
User Section: Refers to the user interface on Winbance’s website.
Website: Includes all web documents (images, PHP, and HTML files) under domains owned by Winbance.

2. Services

Winbance Terms of Use: Aero Trading Account and LiveX Account And LiveX sim and Direct Pass

Welcome to Winbance! Our prop firm offers you two distinct services: the Aero Trading Account and the LiveX Account. As you explore these offerings, please understand that these services are governed by the following Terms of Use. By accessing and utilizing our services, you agree to abide by these terms and conditions.

Aero Trading Account: Evaluation and Skill Development

The Aero Trading Account is a comprehensive evaluation program designed to assess and develop your trading skills. With a focus on refining your trading capabilities, this service includes four distinct evaluation accounts, each catering to different trading levels:

Aero $15K : Designed for traders eager to prove their skills and earn a funded account.
Aero $50K: Geared toward experienced traders aiming to enhance their strategies and performance.
Aero $100K: Tailored for seasoned traders seeking higher capital allocation.
Aero $150K: Tailored for seasoned traders seeking higher capital allocation.
Swiftmini: Direct pass $10k
Swiftlite: Direct pass $25k
Swiftpro: Direct pass $50k

The LiveX Account represents the culmination of your journey, where your refined trading skills transition into real-world success. The LiveX Account is a fully funded trading account backed by our company’s capital, offering you the opportunity to trade with real funds and potentially earn profits while effectively managing risk.

Your progression within Winbance is straightforward:

Enrollment: Start by selecting the Aero Trading Account that aligns with your experience and goals.
Evaluation: Demonstrate your trading prowess in a simulated environment, striving to meet evaluation criteria.
Transition to LiveX: Upon meeting the criteria, you’ll seamlessly transition to the LiveX Account, where you can trade with real capital and potential profits.
LiveX sim: A LiveX Simulator account is a simulation account where traders practice and trade with real data. Within this account, traders work towards achieving two goals. Firstly, they gain experience and hone their trading skills. Secondly, traders can set a target within the LiveX Simulator account and generate withdrawals.
Direct Pass: A Direct Pass Account gives you instant access to a live trading account without evaluation. Start trading and withdraw profits from day one, with withdrawals available every five days. Pay a one-time activation fee and keep 80% of your profits.

Your Commitment

By utilizing our services, you commit to adhering to the Terms of Use outlined on this page. These terms encompass your responsibilities, rights, and obligations while interacting with Winbance’s Aero Trading Account and LiveX Account services. It’s crucial to review and understand these terms before proceeding further.

Winbance is dedicated to empowering traders of all levels with the tools, resources, and opportunities needed to excel in the trading world. The Aero Trading Account and LiveX Account embody this commitment, offering a structured path for refining your strategies, proving your skills, and achieving trading success.

As you embark on this journey, please remember that your participation in our services is contingent on your acceptance of these Terms of Use. By utilizing our Aero Trading Account and LiveX Account services, you acknowledge and agree to be bound by these terms.

3. Eligibility

By using Winbance’s Sites and Services, you acknowledge and agree to the following eligibility criteria: You represent and warrant that you are at least 18 years old. In jurisdictions where the minimum age for using the Sites or Services is higher than 18, you confirm that you meet the specified age requirement. If you’re under the minimum age, regardless of parental or guardian consent, you are not authorized to use the Sites or Services. You represent and warrant that you have not been convicted of a felony, disciplined by the National Futures Association, disciplined by the U.S. Commodity Futures Trading Commission, or have an outstanding balance with a trading firm. If you fall under any of these categories, you are ineligible to use the Sites or Services. It is your responsibility to ensure that your use of the Sites and Services adheres to all applicable laws, rules, and regulations. Access to the Sites may be revoked if they conflict with any applicable law, rule, or regulation.

The Sites or Services are meant for your personal use and benefit and not for the use of any third party. If you reside in a jurisdiction that restricts agreements like those described in these Terms of Use, you cannot enter into this agreement or use the Winbance Products and Content. Similarly, if your jurisdiction prohibits participation in activities or services offered by Winbance Products and Content, you are not eligible to use these services. By using the Winbance Products and Content, you affirm that you’ve verified the permissibility of your use within your jurisdiction.

We make no representation that the materials on Winbance Products and Content are suitable or available for use in all locations. If you access the Winbance Products and Content, you do so at your own risk and are responsible for adhering to local laws if they apply.

We reserve the right to limit the availability of Winbance Products and Content to any person, geographic area, or jurisdiction at any time and at our sole discretion. We also reserve the right to limit quantities of services, materials, or items provided.

Without our prior written consent, you may not access Winbance Products and Content for (a) production purposes, (b) if you’re a competitor of Winbance, (c) to monitor availability, performance, or functionality of Winbance Sites or Services, or (d) for benchmarking or competitive purposes.

4. Not a Broker Dealer

By using Winbance’s Sites and Services, you acknowledge and agree to the following terms regarding our role as a non-broker-dealer:

You recognize that we are not a broker-dealer in accordance with United States financial services regulations. As such, we do not engage in trading securities on our own or another party’s behalf as part of the Sites or Services. Additionally, we do not directly offer any financial advice within the context of the Sites or Services.

You acknowledge and agree that any reliance on information provided through the Sites or Services is at your own risk. We do not accept liability for any losses or gains that may result from your reliance on such information or from your interactions with other Users of the Sites or Services.

5. Commodity Futures Trading Commission Disclaimer

CFTC Rule 4.41 – Hypothetical Performance Results

The content of the Sites and Services includes important disclaimers in accordance with CFTC Rule 4.41:

Hypothetical or simulated performance results have inherent limitations. Unlike actual performance records, simulated results do not reflect real trading. Since simulated trades are not executed in reality, these results might over- or under-compensate for the influence of certain market factors, such as liquidity shortage. Simulated or hypothetical trading programs are designed with the benefit of hindsight. No representation is being made that any account will achieve profits or losses similar to those shown.

The Sites and Services encompass a range of offerings, including tools for simulated exchange trading, analytical resources, educational materials, and other ancillary services. While financial market information is utilized in simulated trading, it’s crucial to recognize that any trading conducted through the Services is not genuine trading.

You also acknowledge that the funds provided to you for Simulated Trading are fictitious and hold no real-world value. These fictitious funds are solely intended for use within the context of the Sites and Services, and they may not be employed for actual trading. You are not entitled to possess or utilize these fictitious funds for any purposes beyond their designated scope within the Sites and Services. Unless expressly specified otherwise, you will not receive any remuneration or profits based on the outcomes of your fictitious trading activities. Similarly, you will not be liable to cover any losses resulting from such simulated trading.

6. AeroTrading®

Upon payment of the fee for the chosen Aero Trading® option, you will receive pertinent login credentials at the email address you provided. Should you fail to activate the Aero Trading® within 30 calendar days from its availability, your access will be temporarily suspended. To regain access, you may request reactivation through the User Section or by contacting support@winbance.com within 5months of the initial suspension. Failure to do so will result in the termination of service provision, without entitlement to a fee refund.

To successfully graduate from the Aero Trading®, you must meet all profit targets while adhering to applicable Trading Rules and account parameters specific to your Account and the respective Aero Trading®. These parameters are subject to adjustments and changes without prior notice. You can find the current Trading Rules and account parameters schedule detailed here.

Failure to fulfill the conditions outlined above during the Aero Trading® will result in an unsuccessful evaluation, and no fee refund will be provided. If you wish to continue Simulated Trading, you’ll need to reset for a new Simulated Account at the prevailing rates.

Upon successfully graduating from the Aero Trading®, you will be presented with the opportunity to either secure funding with TopstepFunded’s trading capital or progress to an alternative product or service provided by Winbance (as determined at Winbance’s sole discretion). Such arrangements will be governed by separate or supplemental written agreements.

7. Limitation of Liabilities

In no event will Winbance, its parents, subsidiaries, partners, or affiliates, or their respective service providers, employees, agents, officers, and directors be liable to you for any indirect, incidental, special, punitive, exemplary, or consequential damages, including but not limited to lost profits, lost or corrupted data, lost opportunities, monetary harm, or property damage. This holds true even if you or another party has apprised us of the potential for such damages, or for any third-party claims stemming from the access, use, or content of our Sites or Services, a linked website, or reliance on any tool, functionality, information, or other content connected with the Sites or Services. Such claims, irrespective of the legal or equitable theory they are predicated upon, are subject to this limitation. It is important to note that this limitation may not apply where excluded by local law, and in such cases, our liability shall be restricted to the extent permitted by law. If any facet of the Sites or Services, or any terms, prove unsatisfactory to you, your exclusive recourse is to cease using them.

Winbance retains the prerogative to modify, alter, replace, add, or remove elements and functionalities of the Sites and/or Services without any associated compensation. In instances beyond Winbance’s control—such as technical or operational lapses, including Force Majeure Events, or in compliance with legal obligations or decisions by public authorities—the provision of the Sites and/or Services may be impeded.

Furthermore, Winbance assumes no responsibility for products, services, applications, or other third-party content that you employ in conjunction with the Sites or Services.

In no event shall our liability for any claim—be it based in contract, warranty, tort, strict liability, or any other premise—for any losses or damages arising from, associated with, or resulting from these Terms, their performance, breach, or any product or service, surpass the greater of (a) the sum paid by you to Winbance in the immediate month prior for Winbance’s products or services or (b) $149. It’s worth noting that this limitation might not hold sway in jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is prohibited. In such scenarios, our liability will be confined to the maximal extent sanctioned by law.

This limitation on liability also extends to occurrences such as the transmission of viruses infecting your equipment, the failure of mechanical or electronic apparatus, breakdown of communication lines, unauthorized access, theft, operational errors, and Force Majeure events.

8. Third-Party Services

Winbance’s Sites or Services may contain references to Third Party Services. Please note that these Terms do not govern such Third Party Services, and we strongly advise you to review the terms and conditions applicable to each website, application, or service that you visit, utilize, or engage with, including Third Party Services. It is your responsibility to conduct your own comprehensive research and assess whether any Third Party Services are suitable for your needs. You explicitly acknowledge that Winbance bears no responsibility for any injuries, harm, damages, or adverse experiences that you may encounter while accessing or using these Third Party Services. Should you choose to access, visit, or use any Third Party Services mentioned on our Sites or Services, you do so entirely at your own risk.

9. Linking to Our Sites

You have the permission to link to Winbance’s Sites or Services, under the following conditions:

(a) Your linking approach must be fair, adhering to all pertinent laws, rules, and regulations, and must not adversely impact our reputation.
(b) You must not create a link in a manner that implies any kind of association, approval, or endorsement from our side, unless expressly granted in written form.

10. Restricted Sites and Passwords /User Registration

Certain features of Winbance’s Sites or Services are accessible only to Users who have successfully registered an Account for the relevant services. Users granted access will receive unique User Credentials linked to their Account. By registering, you confirm the veracity and accuracy of all Account information, pledging to keep it current and correct. It’s vital that a valid email address be provided during registration. You acknowledge that all information furnished for the purpose of registering on our Sites or Services, or through any interactive features they offer, is subject to our Privacy Policy. Consequently, you grant consent for us to take actions with your information in alignment with our Privacy Policy. Your personal data can be updated through our Sites or Services or by contacting us using the provided contact information or as laid out in these Terms.

The responsibility for maintaining the confidentiality of User Credentials rests with Users. Users shall also bear the responsibility and liability for any access to or usage of the Sites or Services through their User Credentials, whether or not such access was authorized. You affirm that Account access is restricted to the specific User associated with that account. In the event of discovering unauthorized use of your account or any other breach of security, you undertake to promptly notify Winbance.

Beyond our other rights and remedies, you acknowledge and agree that Winbance holds the authority to act on all directives received through your Account. Furthermore, Winbance may, at its discretion, block access to your Account or hinder any transaction made via the use of your Account, without prior notice, if there are grounds to believe that someone other than the registered User is utilizing the Account, or for any other valid reason.

Winbance reserves the right to refuse the issuance of User Credentials to any individual, for reasons that include impersonation of another person, protection under trademark or other proprietary rights law, or use of vulgar or offensive content. Failure on the part of a User to adhere to this Section shall not render Winbance liable for any loss or damage incurred.

11. Content License

When you submit User Content, you bestow upon Winbance an unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up, and royalty-free right and license (referred to as the “License”). This License encompasses hosting, storing, maintaining, using, reproducing, distributing, displaying, publishing, modifying, creating derivative works from, and otherwise exploiting any or all parts of the User Content on the Sites or Services and on any other websites, channels, or distribution platforms, for any conceivable purpose. Such usage by Winbance incurs no obligation to account for, notify, credit, or otherwise acknowledge you. This License extends to licensing, sublicensing, and granting others the authority to exercise any of the rights granted to Winbance herein, at the sole discretion of Winbance. All rights, licenses, and privileges outlined herein are conferred upon Winbance immediately upon your submission of User Content and endure perpetually and indefinitely. It is important to note that any information you wish to remain private should not be submitted as User Content.

Furthermore, when you submit User Content, you attest to the following representation and warranty:

You possess the right to submit the User Content and grant the License as delineated above.
The usage of your User Content as stated above does not necessitate further licenses, royalties, or permissions from any third party.
Your User Content does not encroach upon the rights of any third party, including intellectual property and privacy rights.
Your User Content aligns with these Terms and adheres to all applicable laws.

12. Digital Millennium Copyright Act

The following policy has been adopted pursuant to the Digital Millennium Copyright Act (found at http://lcweb.loc.gov/copyright/legislation/dmca.pdf).

identification of the material claimed to have been infringed or, if multiple works, a representative list of such works; identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Designated Agent for notice of copyright infringement claims may be reached via the contact information set forth in Section 2 of these Terms of Use.

13. Force Majeure

Winbance shall bear no liability or responsibility for any inability to fulfill, or delay in fulfilling, any of our obligations as stipulated in these Terms, arising from a Force Majeure Event. Our obligations as set forth in these Terms will be temporarily halted, and the timeframe for fulfilling these obligations will be extended for the duration of the Force Majeure Event.

14. Termination

Users possess the right to terminate their receipt of any free service publications at any time by forwarding a request to Winbance for removal from the pertinent distribution list. Within all free service publication emails, a link is provided to enable Users to unsubscribe. Should you intend to cease receiving such publications, kindly utilize the link within the email or refer to the contact details specified in Section 2.

Winbance retains the prerogative to decline or terminate your access to any of its Sites or Services, exercising this authority at its sole discretion. The grounds for such termination may encompass violations of the Terms or any other referenced agreements, unauthorized use or reproduction of publications or information, or any other reason, as determined solely by Winbance. In the event of refusal or termination of access, you pledge not to attempt to establish a new Account under any name, whether real or assumed. All provisions within these Terms will continue in effect even post-termination, including ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

15. Violation of These Terms

In the event that a User or Visitor breaches any stipulation within these Terms, which encompasses accessing the Services in contradiction with this Agreement, providing information that is incomplete, false, or outdated, or engaging in actions that (a) could potentially subject Winbance to reputational harm or actual damage, or (b) contravene the Trading Rules, Winbance reserves the prerogative to wholly or partially curtail your access to any or all of the Sites and/or Services. This action can be taken without any prior notification and without entailing compensation or refunds

16. Indemnification

You hereby undertake to indemnify, defend, and hold the Winbance Parties harmless from any and all costs, liabilities, and legal fees that arise due to any claim or demand put forth by a third party, stemming from or relating to (a) your utilization of our Sites or Services, (b) any violation on your part of the Terms or applicable law, (c) the infringement, whether by you or a third party using your account, of any individual’s intellectual property or any other rights, (d) any funding of your account from any source, and the usage of any payment methods. Winbance reserves the right, at your expense, to take up the exclusive defense and control of any matter for which you are bound to indemnify us. You are also obligated to collaborate with our defense of such claims. The settlement of any such matter without prior written consent from Winbance is not permissible. Winbance will make reasonable endeavors to apprise you of any such action, or proceeding upon its discovery.

17. Prohibited Conduct

The AeroTrading® operates within the realm of an actual market, and exploiting the simulated environment for an unfair advantage is strictly prohibited. This includes actions like taking advantage of slippage, preferential order placement in the queue, exploiting market gaps, or excessively high trade volume within short timeframes. Engaging in trading activities within the Aero Trading® that knowingly or unknowingly circumvent targets and rules, or generate profits that wouldn’t be attainable in live market trading, constitutes a breach of the Terms.

In the event of such behavior, Winbance retains the right to reject claims of progression or advancement in the Aero Trading®, rendering your Account ineligible, and preventing further use of any of Winbance’s Sites or Services. If you are found to have profited from exploiting the simulated environment for an unfair advantage during or after progressing past the Aero Trading®, or if you are found to have engaged in other Prohibited Conduct (as defined below), you will not be entitled to any withdrawals from other accounts maintained with Winbance. All such accounts will be closed, and any funds will be forfeited immediately.

In relation to the use of the Site or Services, Users are forbidden from participating in the following actions (collectively, “Prohibited Conduct”):

Utilizing trading strategies aimed at exploiting or generating errors in the Services, such as manipulating price displays or causing delays in their updates.
Employing trading strategies that involve disruptive practices (as determined by Winbance’s sole discretion), including but not limited to spoofing strategies.
Executing an excessive or unrealistic number of contracts within a day.
Conducting trades outside the best bid or offer.
Executing trades using an external or slow data feed.
Engaging in trades that manipulate, abuse, or provide an unfair advantage, either alone or in collaboration with others, such as entering opposite positions or high-frequency trades.
Conducting trades that conflict with the terms and conditions of the User Section or the Aero Trading®.
Using software, artificial intelligence, ultra-high-speed techniques, or mass data entry to manipulate or gain unfair advantage.
Performing trades in a manner inconsistent with actual trading practices in applicable futures markets or in a way that raises legitimate concerns of financial harm to Winbance.
Collaborating with others to perform identical trading strategies or activities aimed at pooling or hedging the risk of aggregate unconnected accounts.
Using instruments that disrupt the operation of the Site and Services or misuse errors, bugs, or other deficiencies.
Circumventing geographical or technical restrictions.
Holding a position within 3% of a product’s lock limit.
Trading on behalf of others, including sharing incentives as part of any business arrangement.
Engaging in other conduct that, in Winbance’s sole discretion, constitutes uncommercial activity, market manipulation, or an impractical trading strategy.

All usage of the Site and Services, including trading in the Aero Trading®, is subject to the trading rules established by Winbance (collectively, “Trading Rules”), which are subject to alteration by Winbance at its sole discretion. You acknowledge and accept that you are solely responsible for staying updated on the Trading Rules, which may change at any time without prior notice.

Products may be traded during normal electronic trading hours, unless stated otherwise. If the Net P&L hits or exceeds the Daily Loss Limit during the trading day (5:00 PM CT-3:10 PM CT), the account will face a soft breach and will be auto-liquidated for the remainder of the current trading session. This will involve flattening open trading positions, canceling pending orders, and preventing the placement of new trades until the start of the next trading day (5:00 PM CT).

Trading is permissible only during normal electronic trading hours, unless otherwise communicated by Winbance. All positions must be closed before 3:10 PM CT or prior to market close, whichever comes first. Traders are allowed to trade only permitted products by Winbance. For more details, please refer to our help center.

Excessive or unrealistic single-day trades or profits will be subject to review by Winbance for possible violations of these Terms, Trading Rules, Prohibited Conduct, or Prohibited Uses.

If, in its sole discretion, Winbance determines that a User has violated any Trading Rules or engaged in Prohibited Conduct, Winbance may remove Simulated Account profits, delete trading days, reset Accounts, or ban Users from further use of the Site and Services. If trading activity related to Prohibited Conduct is identified, Winbance reserves the right, at its sole discretion, to delete trading days and profits, or restart or close the Account. Winbance may also ban Users from using all or part of the Sites and Services.

18. Refund Policy

General Refund Policy
- Refunds are accepted within a period not exceeding 24 hours from the time of purchase. However, if the Rithmic user agreement has been approved, no refunds will be processed even within the first 24 hours.
Accidental or Unintentional Payments
- If you pay for services unintentionally or by mistake, the refund will be issued as a balance within our service. You will receive a discount card carrying the same balance that you paid by mistake, which can be used to purchase our services.
Evaluation Account Violations
- For those on a monthly subscription who violate the evaluation account rules, you must cancel the subscription directly from your dashboard or contact our customer support through the available communication channels to inform them. If you fail to do this and the amount is deducted, the refund will also be issued as a balance within our service. You will receive a credit card that can be used to purchase our services.

19. Feedback

Winbance appreciates your valuable Feedback. Should you provide Feedback to Winbance, please be aware that your Feedback will be deemed the property of Winbance. By submitting Feedback, you hereby assign to Winbance all rights, titles, and interests in the Feedback, including all copyrights and other intellectual property rights inherent in the Feedback, on a global scale.