Aviso legal

Please carefully read and review the following Terms of Use ("Terms") as they govern your use of the Services provided by CapTus. By accessing or using our website(s), products, services, and applications (collectively referred to as the "Services"), you agree to be bound by these Terms. If you do not agree with these Terms, you should refrain from using our Sites and Services.

Acceptance of and Modifications to these Terms

By using the Services, it is assumed that you have read and agreed to these Terms. CapTus reserves the right to modify these Terms at any time without prior notice. We will notify you of any changes and post the revised Terms on our website, along with an updated revision date. It is your responsibility to review the Terms periodically. Continued use of the Services after the effective date of the modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must discontinue using the Services.

Use of Services

The Services provided by CapTus include Performance Paid Trading Programs and Opportunities. As a user of our website, you assume all risk and liability should you choose to engage in any of these programs or opportunities. The opinions, ratings, comments, or any other content posted on our website do not necessarily reflect the views of CapTus. We offer these programs and information as a service to our users, and it is your responsibility to exercise caution and make informed decisions.

CFTC Required Disclaimer

The Commodity Futures Trading Commission (CFTC) requires us to provide the following disclaimer: Futures and Options trading involves substantial risks and may not be suitable for all investors. You should be aware of the risks and willing to accept them before investing in the futures markets. Trading with money you cannot afford to lose is strongly discouraged. The information provided on this website, including any past performance of trading systems or methodologies, does not guarantee future results. No representation is being made that any account will achieve similar profits or losses as discussed on this website.

Limitation of Services

CapTus reserves the right to limit access to, modify, change, or discontinue any part or all of the Services provided on this site at any time and without notice. We shall not be liable to you or any third party for any modifications, suspensions, or discontinuances of the Services.

Required Disclosures

RISK DISCLOSURE :
Please note that this is not an investment opportunity and you are not required to deposit any funds for investment purposes. We do not solicit any funds for investment and you will never risk your own capital at any time. It is important to note that trading involves substantial risk and may not be suitable for all investors. It is possible for an investor to lose all or more than the initial investment. Risk capital refers to money that can be lost without jeopardizing one's financial security or lifestyle, and only such risk capital should be used for trading. Trading should only be considered by those who have sufficient risk capital. Please be aware that past performance is not necessarily indicative of future results.

HYPOTHETICAL PERFORMANCE DISCLOSURE:
Please be aware that hypothetical performance results have several inherent limitations, some of which are described below. It should not be assumed that any account will or is likely to achieve profits or losses similar to those shown. In fact, there can be significant discrepancies between hypothetical performance results and the actual results obtained by any particular trading program. One limitation of hypothetical performance results is that they are typically prepared with the benefit of hindsight. Additionally, hypothetical trading does not involve any financial risk, and no hypothetical trading record can fully account for the impact of actual financial risk associated with trading. For instance, an investor's ability to withstand losses or adhere to a particular trading program in the face of trading losses are important factors that can affect actual trading results. Moreover, there are many other market-related factors or factors specific to the implementation of any particular trading program that cannot be fully considered in the preparation of hypothetical performance results, and all such factors can adversely impact trading results. Please note that the testimonials featured on this website may not be representative of other clients or customers and are not a guarantee of future performance or success.

CUSTOMER COMPENSATION DISCLOSURE:
Please note that any trades presented for compensation to customers are hypothetical and should not be expected to be replicated in a live trading account. “FUNDED” accounts may represent simulated accounts or live or copied accounts.

Consent to these terms is not a condition of purchase.

Educational purposes / Disclaimer of investment advice

1. Educational Services Only: The Client acknowledges and agrees that the services provided by CapTus ("Service Provider") under this Agreement are solely for educational purposes. The Service Provider offers tools, data, and informational content intended to assist the client in making independent decisions regarding trading in financial markets. The Service Provider does not provide, offer, or render investment, financial, tax, or legal advice.

2. No Investment Advice or Fiduciary Relationship: The client acknowledges that the Service Provider is not, in the provision of the services hereunder, acting as a fiduciary or an investment advisor. Information provided by the Service Provider, whether verbal or written, should not be construed as a recommendation to buy, sell, or hold any security or financial product, or to engage in any specific investment strategy. All trading decisions made by the Client are based on their own judgment and at their sole discretion.

3. Disclaimer of Liability: The Service Provider shall not be liable for any actions or decisions made by the Client based on the educational content or tools provided by the Service Provider. The Client is solely responsible for any trading and investment decisions and the consequences thereof. The Client acknowledges that trading in financial markets involves substantial risk of loss and is not suitable for every investor. The possibility exists that the Client could sustain a loss of some or all of their initial investment and therefore should not invest money that they cannot afford to lose.

4. No Guarantee of Accuracy or Suitability: While the Service Provider endeavors to provide accurate and timely information, the Service Provider makes no guarantees as to the accuracy, completeness, timeliness, suitability, or validity of any information provided and will not be held liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.

5. Indemnification: The Client agrees to indemnify, defend, and hold harmless the Service Provider and its affiliates, directors, officers, employees, and agents from and against any and all claims, losses, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to the Client’s use of the educational services provided by the Service Provider, or any violation of this Agreement.

6. Acknowledgment: The Client confirms that they have read and understood this clause and acknowledges that they are using the Service Provider's services with the full understanding that they are for educational purposes only and not as investment advice.

User account Security and Confidentiality

1. Responsibility for Account Security: The Client acknowledges and agrees that they are solely responsible for maintaining the confidentiality and security of their username, password, and any other security or access information used to access the services provided by CapTus ("Service Provider"). The Client is responsible for all activities that occur under their account, whether authorized or unauthorized.

2. Notification of Unauthorized Use: The Client agrees to immediately notify the Service Provider of any unauthorized use of their account or any other breach of security. The Service Provider shall not be liable for any loss or damage arising from the Client's failure to comply with this section.

3. Notification of Unauthorized Use: The Client agrees to immediately notify the Service Provider of any unauthorized use of their account or any other breach of security. The Service Provider shall not be liable for any loss or damage arising from the Client's failure to comply with this section.

4. Secure Access Responsibilities: The Client is responsible for taking appropriate measures to ensure that their username and password remain confidential and secure. This includes, but is not limited to, using unique passwords not easily guessed, regularly changing passwords, and ensuring that their computer and any device used to access the Service Provider’s services are free from malware and secure.

5. Acknowledgment of Risks: The Client acknowledges that the internet is not a completely secure medium and that there are risks associated with online services, including the potential for unauthorized access to or alteration of transmissions or data. The Client agrees that the Service Provider shall not be liable for any breaches of security unless such breach has been caused by the gross negligence or willful misconduct of the Service Provider.

Status of independent contractors / Simulated Trading Environment

1. Contractor Relationship and Simulated Trading Environment: The Client acknowledges and agrees that their interaction with CapTus is strictly as an independent contractor. The Client is neither an account holder nor an owner with CapTus. The Client's trading activities will be conducted within a simulated trading environment utilizing virtual funds. This simulated environment leverages data from recognized exchanges including but not limited to CME, COMEX, NYMEX, EUREX and CBOT. The evaluation of the Client's trading performance will be based on this simulated environment through third-party platforms and data feeds, over which CapTus exercises no control.

2. Simulation to Live Trading Transition: CapTus monitors the simulated trading accounts for consistent trading behavior and risk management over an extended period. Following successful performance in the simulated environment, the Client may be transitioned to an actual live funded trading account, subject to CapTus's standard evaluation criteria.

3. Compensation Based on Simulated Performance: Any financial compensation to the Client is contingent upon the Client's performance within the simulated trading account. CapTus is committed to crediting the Client, as an independent contractor, with payouts corresponding to the simulated profits earned in the trading account. Such payouts will be derived from the available resources of CapTus, including but not limited to membership fees, revenues, and proceeds from both simulated and live trading activities.

4. Acknowledgment of Terms: The Client acknowledges that they have read and fully understood the nature of their relationship with CapTus as an independent contractor and the operational dynamics of the simulated trading environment. The Client agrees to abide by the terms and conditions governing this relationship as outlined in this Agreement.

Limitations on liability

1. Restriction of Liability for CapTus: The Client recognizes and agrees that CapTus Trader Funding ("CapTus"), along with its associates, officers, directors, employees, agents, contributors, endorsers, and advertisers, shall not be held accountable or liable for any form of indirect, incidental, consequential, special, exemplary, or punitive damages, whether arising under contract law, tort law (including negligence), strict liability, or any other theory of liability, related to or arising from the use of any products or services offered by CapTus. This includes, but is not limited to, any damages that may arise from the use of or inability to use CapTus's products or services.

2. Remedy for Dissatisfaction: The sole and exclusive remedy available to the Client in case of dissatisfaction with any of CapTus's products or services is the cessation of their use.

3. Cap on Liability: CapTus's maximum aggregate liability to the Client for any and all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, shall be limited to the total amount paid, if any, by the Client directly to CapTus for the services and products in question.

4. Applicability of Liability Limitations: The Client acknowledges that certain jurisdictions may not permit limitations on certain types of liability. Therefore, some of the above limitations may not apply to the Client, depending on the applicable law.

Legal Notice

CapTus is a French individual entreprise registered in Paris, France.