1. Acceptance of Terms
By accessing or using FundedSmart (“the Service”), operated by Upward Trading FZCO (“Company”, “we”, “us”, “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service.
2. The Service
FundedSmart provides simulated trading evaluation challenges in a virtual environment. Traders pay a service fee (challenge fee) to access simulated trading accounts and are evaluated against published criteria. Successful completion may make a trader eligible for a discretionary reward, as described in the Rewards Policy.
The Service is not: a real brokerage, an investment platform, a deposit-taking service, a source of employment, or a guarantee of any financial return. All trading — including any funded-stage simulated account — uses virtual funds only. No FundedSmart client capital is deposited or traded in evaluation accounts.
Payment purpose: Fees paid for FundedSmart are for evaluation infrastructure and related software/service access only. They are not deposits for live trading, brokerage capital, investment products, or trading tips.
At launch, challenges are offered for Indian Markets (INR) only. Other markets (including Forex Markets in USD), if offered later, will be disclosed on Pricing.
3. Eligibility
You must be at least 18 years old and capable of forming a legally binding contract. By using the Service, you represent and warrant that:
- You are at least 18 years of age
- You possess the legal right and ability to enter into these Terms and to authorise any payment you make
- All information you submit is true, accurate, and current
- You are not located in a jurisdiction where the Service is prohibited
- You will not use the Service for illegal or unauthorized purposes
- You are not subject to applicable sanctions restrictions that would prohibit use of the Service
4. Pre-Purchase Diligence
Before placing an order, you undertake that you have reviewed the applicable Pricing, Trading Rules, Risk Disclosure, and Refund & Cancellation Policy, and that the Service is suitable for your intended use. Support and educational materials are available to help you evaluate before you buy.
5. Account Registration
You must register for an account to purchase challenges. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately of any unauthorized use at support@fundedsmart.com.
6. Challenge Fees, Activation SLA, and Refunds
Challenge fees are service fees for access to evaluation infrastructure. They are not deposits, investments, or brokerage balances.
Merchant / payee: Fees are payable to Upward Trading FZCO (or a payment agent we expressly name at checkout). Ensure the payee name on UPI or card statements matches the name shown at checkout. Card, UPI, and similar payment credentials are processed by our payment processor; we do not store full payment instrument details.
6.1 Activation SLA
After we confirm receipt of valid payment, we aim to provision challenge access within one (1) business day (India Standard Time, Monday–Friday, excluding UAE and India public holidays as applicable). If access is not provisioned within this SLA, email support@fundedsmart.com with your payment reference (UTR / transaction ID).
6.2 When fees are generally non-refundable
After access has been successfully activated, challenge fees are generally final and non-refundable, including for:
- Unused or partially used challenge periods
- Failure to begin trading
- Failure to meet evaluation criteria
- Breach of risk rules or trading restrictions
- Account expiry due to inactivity
- Voluntary decision to stop trading or close an account
- Ordinary platform maintenance windows disclosed in advance where practicable
- Temporary platform, data, or third-party service disruptions (see Refund Policy)
This applies to Instant, One Step, and Two Step plans and account tiers offered for Indian Markets (INR). Challenge periods cannot be paused once started (see Refund Policy).
6.3 Refund carve-outs
Subject to verification, we will refund or re-provision (at our option) where:
- A duplicate payment was captured for the same order
- Payment was captured but access was not provisioned within the Activation SLA after you timely notified support with proof of payment
- A refund is required by applicable law
Details: Refund & Cancellation Policy.
6.4 Chargebacks and payment disputes
Please contact support@fundedsmart.com before filing a chargeback or payment dispute so we can investigate activation, duplicate-payment, or billing issues. If you file a chargeback or payment dispute after receiving activated access in accordance with these Terms, we may contest the dispute and may suspend or terminate accounts involved in abusive chargeback patterns. This does not limit rights you may have under mandatory law.
6.5 Reset fees
Where a reset is offered after a hard breach, reset fees (if any) are separate paid services governed by the pricing shown at purchase. Reset fee amounts are published on Pricing / Rules when offered.
7. Simulated Trading Environment
- Virtual funds only — no real funds are traded, deposited, or held in trading accounts
- Funded-stage accounts remain simulated — progression does not mean live company capital
- Simulated results do not guarantee live-market results
- Rewards, if paid, are discretionary service-recognition payments — not profit share, dividends, salary, or investment returns
8. Risk Rules and Trading Restrictions
All challenges are subject to the published FundedSmart rules at /rules, incorporated by reference as of the date of your purchase confirmation (unless a material change is expressly agreed or a reset is offered). Rules include profit targets, daily loss limits, drawdown limits, inactivity rules, news windows, and prohibited activities.
Violation may result in challenge failure, suspension, or permanent ban. Appeals: see Complaint Resolution Policy and support processes.
9. Rewards
Governed by the Rewards Policy. Rewards are discretionary and not guaranteed. Nothing in these Terms creates a contractual right to future rewards. KYC may be required before any payout. Tax responsibility rests with the recipient.
10. Prohibited Conduct
You agree not to:
- Manipulate or exploit the simulated trading environment, platform, or evaluation criteria
- Use copy trading, third-party trade copiers, or third-party copy bots
- Engage in arbitrage, latency exploitation, tick scalping, or other unfair trading practices
- Create multiple accounts to bypass challenge rules or restrictions
- Misrepresent your identity, location, or trading experience
- Use the Service for money laundering, fraud, or any illegal activity
Expert Advisors (EAs) / bots: Allowed if the strategy is your own and does not constitute third-party copy trading or otherwise prohibited abuse, as described in the Rules. Unauthorized exploitation remains prohibited.
11. Intellectual Property
All content, branding, software, and materials provided as part of the Service are the property of Upward Trading FZCO or its licensors. You may not reproduce, distribute, modify, or create derivative works without prior written consent. Third-party platform and market-data rights remain with their owners.
12. Feedback and Submissions
Any comments, ideas, suggestions, concepts, or other feedback you submit to us about the Service (“Submissions”) may be used by the Company without restriction or compensation to you. Submissions are not confidential unless we agree otherwise in writing. You grant us a worldwide, royalty-free, perpetual licence to use Submissions for any purpose related to the Service.
13. Limitation of Liability
To the maximum extent permitted by applicable law:
- The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement
- The Company makes no warranty that the Service will be uninterrupted, timely, secure, error-free, or accurate
- The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including trading losses, lost profits, or loss of data
- The Company is not responsible for losses arising from incorrect, faulty, or delayed data, third-party platform downtime, or payment-processor interruptions
- The Company’s total liability for all claims arising out of or relating to the Service shall not exceed the total service fees paid by you to the Company for the specific challenge or service giving rise to the claim (or, if none, the total service fees paid by you in the 12 months preceding the claim)
Nothing in these Terms excludes liability that cannot be excluded under mandatory applicable law.
14. Indemnification
You agree to indemnify and hold harmless Upward Trading FZCO, its officers, directors, employees, and agents from claims, damages, losses, or expenses arising from your use of the Service, violation of these Terms, or infringement of third-party rights, to the extent permitted by law.
15. Termination
We may suspend or terminate your account for violation of these Terms or Rules, or as reasonably necessary for security, fraud prevention, or legal compliance. Upon termination: access ceases; pending challenges may be forfeited; refunds follow the Refund Policy only.
You may request account closure by contacting support. Voluntary closure does not create a refund right beyond the Refund Policy carve-outs.
16. Complaints
See our Complaint Resolution Policy.
17. Dispute Resolution
Governing Law: These Terms are governed by the laws of the United Arab Emirates (UAE), excluding conflict-of-law rules, unless applicable mandatory law requires otherwise.
Dispute Resolution: Disputes should first be raised through good-faith negotiation via support and our Complaint Resolution Policy. If unresolved, disputes are subject to the courts of Dubai, UAE, unless applicable law requires otherwise.
Class Action Waiver: Where permitted by law, you agree to resolve disputes on an individual basis and waive participation in class actions. This waiver does not apply where prohibited by mandatory law.
18. Modifications
We may modify these Terms by posting an updated version. Material changes will be communicated via email or platform notification where practicable. Continued use after the effective date constitutes acceptance, except where mandatory law requires additional consent.
19. Contact and Identity
Upward Trading FZCO
Dubai Silicon Oasis, Dubai, United Arab Emirates
Email: support@fundedsmart.com