General Terms and Conditions for virtual TradersYard Challenges

TradersYard GmbH
Kärntnerring 5/7
1010 Vienna
AUSTRIA
Commercial register: FN 543439 a
hereinafter referred to as TRADERSYARD

1. Preamble

These are TRADERSYARD's Terms and Conditions ("Terms", "Terms and Conditions") which define your rights and obligations in relation to the use of the trading games and services ("Virtual Trading", "Challenges", "Services", "Services") offered by TRADERSYARD, mainly via the website www.tradersyard.com, which are offered by TRADERSYARD.

We ask you to read and understand these Terms carefully. If you disagree with or do not understand any part of these Terms, you are under no obligation to use the Services or participate in virtual trading or trading games.

Please note that we reserve the right to change our Terms and Conditions at any time at our sole discretion. We will inform you of any changes in writing, preferably by e-mail or directly via the information services on the TradersYard network. If you do not agree with the changes, you have the right to declare your objection. If we do not receive your objection within 1 week of sending the notification, we will assume that you accept the changes.

Only use the TRADERSYARD Services if you understand and agree to these Terms. By using our services or participating in our trading games, you confirm that you accept these terms and agree to abide by them.

2. General conditions

Declaration of consent


By registering on our website www.tradersyard.com or by booking and using our services for the first time, you enter into a contract with TRADERSYARD for the provision of the services you have selected. These Terms form an integral part of any such contract and by entering into a contract with TRADERSYARD you agree to be bound by these Terms.

Services


Our services include the provision of tools for simulated stock exchange trading (trading games) on various financial markets, the provision of analysis tools, a trading platform, a real-time data feed, a social network with group communication options, educational and teaching material and other supplementary services, in particular via the user dashboard or by facilitating access to applications provided by us or third parties.

The services offered by third parties include, in particular, various webinars. Please note that financial market information is used for simulated trading as part of the trading games offered. You acknowledge that the trades you make via the services provided as part of the trading games offered are not real. You further acknowledge that the funds made available to you for demo trading are virtual and that you cannot dispose of these virtual funds beyond their use in the context of our services. You are not entitled to withdraw these virtual funds from the demo accounts of the Challenges. Unless expressly agreed otherwise, you will not receive any compensation or profits based on the results of your simulated trading, nor will you have to bear any losses.

Exclusion of investment advice and investment services


None of the services that TRADERSYARD provides to you can be considered an investment service within the meaning of applicable law. The Company does not provide any guidance, instructions or information on how or in what manner you should conduct transactions when using the Services or in the context of trading games. None of the TRADERSYARD Services constitute investment advice or recommendations. TRADERSYARD employees or representatives are not authorized to provide investment advice or recommendations. This also applies to any third party providers unless they are authorized to do so.

No liability is assumed for actions of the user or third parties to whom the user has granted unauthorized access.

Any information provided via the TRADERSYARD website, media or other information sources is for educational purposes only.

If you receive trading recommendations from another user in the TRADERSYARD social network, please make sure that this user is also authorized to pass on this information. Due to the diversity of users, TRADERSYARD cannot guarantee their authorizations, statements and information quality, and therefore cannot be held liable for this.

Minimum age


TRADERSYARD only offers its services to persons who are of legal age. Therefore, TRADERSYARD Services are intended only for persons over the age of 18 who reside in a country where TRADERSYARD is available. By registering on our website, you confirm that you are over 18 years of age. If you are under 18 years of age, you are not permitted to use the Services. You acknowledge that your access to and use of the Services may be restricted or prohibited by law in some countries, and you agree to use the Services only in accordance with applicable laws.


3. Services Offered

Registration or joining the challenges


It is possible to use TRADERSYARD's services by visiting our website and completing the relevant registration or order form or via the payment processing of a challenge through our chosen payment provider.

The presentation of our services on our website or registration on TRADERSYARD does not constitute a binding offer on our part. You only submit a binding offer when you order a service. If we accept this offer, we will send you an order confirmation by e-mail and thus grant you immediate access to the selected TRADERSYARD challenge.

The corresponding contract is only concluded upon our acceptance and confirmation.

The trading challenges are offered with the different minimum/maximum account sizes based on the different purchase prices. You will find the Prices and Account sizes in our price tables of the TradersYard.com landing page.

The Challenge Services offered include the following TRADERSYARD Challenge Levels:
  • Evaluation and verification levels without payout option (Level 1, Level 2)
  • PayOut Levels Level 3 to Level 10

It is important to note that the scope of these offers may vary depending on the specific challenges (level, asset class, account size) made available to our clients.

Please ensure that all data you provide to us via the registration or order forms, the user dashboard or by other means is complete, truthful and up-to-date. It is your responsibility to notify us immediately of any changes to your details by emailing [email protected]. You are solely responsible for ensuring that all information you provide is accurate and up to date, as we are not obliged to constantly check the data provided.

It is acknowledged that if you provide a business number, tax identification number or similar information in the registration or order form or user dashboard, you are considered a business for the purposes of these Terms and use of the Services. It is understood that the provisions of these Terms or applicable laws granting consumer rights do not apply to you.

Admission fees


The fees for the TRADERSYARD Challenge vary depending on the Challenge selected. Detailed information on the individual options and their fees can be found on our website under the respective Challenge or in the description of the Challenge groups in the TRADERSYARD Social Network. TRADERSYARD reserves the right to offer the Services on individually agreed terms and conditions to be determined solely at TRADERSYARD's discretion. If discounts, vouchers and other benefits are offered and no other individual agreement has been made with TRADERSYARD, these benefits are not cumulative.

The client must pay a one-time fee for access to TRADERSYARD Challenges, as well as for the services offered in connection with these levels. The challenge starts at level 1 and ends when the payout at the highest level is reached, or when a daily loss or level loss limit is breached.

It should be noted that no refunds will be granted for any reason whatsoever, including but not limited to termination of the customer or early termination of the service.

TRADERSYARD reserves the right to unilaterally change the fees and content of its Services and Challenges, to terminate them or to change the conditions necessary for their successful completion. However, such changes will not affect Services and Challenges that have already been ordered or booked prior to notification of the change.

Data verification and correction


It is possible to check, correct and change the data entered in the registration form until the registration or order has been completed. In order to book the desired services, the registration form must be submitted and the order process completed. TRADERSYARD will confirm the booking by e-mail immediately after successful payment. The contract for the TRADERSYARD Challenge Level 1 is concluded upon payment of the fee for the selected Challenge version, which enables access to the TRADERSYARD Challenge. We keep an electronic archive of the contract and provide information in accordance with the GDPR/DSGVO.

Trading platforms used


AgenaTrader-Client or AgenaTrader-WebTrader (AT) is offered directly by TRADERSYARD, please read the terms and conditions (https://agenatrader.com/terms-and-conditions/)

Please note that the operator of the AgenaTrader trading platforms is a legal entity (AgenaTrader GmbH), which is different from TRADERSYARD.

It is at the discretion of TRADERSYARD to allow other trading platforms to trade in the TRADERSYARD Challenges in the future.

Multiple orders for services


In the event that a customer places an unusually high number of orders for our services within a short period of time, we may need to take protective measures to prevent potentially harmful or irresponsible behavior by the customer or a third party. These measures may include notifying the customer via our user dashboard, email or telephone. If this inappropriate behavior persists despite our notification, we reserve the right to suspend all future service requests from the customer. If we determine that the unusual behavior in question is related to the customer's involvement in prohibited trade practices under the "Prohibited Gambling Activities" section of our Terms and Conditions, we may be required to take the action specified therein.

Suspension of services


TRADERSYARD reserves the right to suspend the provision of any Services to a Customer, both currently and in the future, if the Customer raises an unfounded objection to the fees paid or seeks a chargeback or dispute resolution procedure with its bank or payment service provider to request the reversal or refund of all or part of the fee.

Risk provisions


It is assumed that you are responsible for obtaining the necessary technical equipment and software, including third-party software (e.g. software for using the trading platform), at your own risk and expense in order to use our services. The TRADERSYARD Services are accessed via standard web browsers. You assume all risks and costs associated with Internet access, equipment purchases, and browser purchases and updates. TRADERSYARD does not guarantee the compatibility of the Services with any particular device or software program.

4. Customer area and TradeAnalysis environment.

Customer data input


The use of a single user dashboard is permitted per individual user. The protection of the user dashboard and the trading platform is ensured by personalized login data that is only accessible to authorized users. It is the user's responsibility to maintain the confidentiality of login and password and to prevent unauthorized access by third parties. The User must inform TRADERSYARD immediately of any suspicion of unauthorized access by third parties. TRADERSYARD reserves the right to change a user's login and password and will notify the client immediately in such a case.

If the Customer has registered as a legal entity, it is permitted to grant authorized employees or other representatives of the Customer access to the Services via its user dashboard.

The Client is solely responsible for all activities conducted through its User Dashboard or Trading Platform. TRADERSYARD shall have no liability and the Client shall not be entitled to any compensation for any misuse of the User Dashboard, the Trading Platform or any other aspect of the Services. Furthermore, TRADERSYARD shall not be responsible for any adverse effects resulting from such misuse if these are due to acts or omissions of the Client.

Personal data


The processing of users' personal data is carried out in accordance with the separate data protection provisions of the operators of the website: TRADERSYARD and possible subsidiaries or affiliates.

The definitions, terms and abbreviations used in these terms and conditions can be found under "1.Explanation of terms".

Trade analysis area


The customer agrees that all trading activities carried out during the challenges will be recorded and analyzed in the user-specific trade analysis environment.

The customer has the option of releasing his analysis environment to the public.

TRADERSYARD reserves the right to publish the analysis data - anonymized if necessary - in a ranking portal.

Technical interruption of services


The Client acknowledges that the availability of the Services may occasionally be interrupted, e.g. due to maintenance work, upgrades or similar reasons. It is noted that TRADERSYARD cannot be held liable for any resulting unavailability of the User Dashboard or the Trading Platform and the Client shall not be entitled to any compensation in such a case. Furthermore, the loss or corruption of data or other content uploaded, transmitted or stored via the User Dashboard or the Trading Platform is the sole responsibility of the Client and TRADERSYARD cannot be held liable for such incidents.

The AgenaTrader trading platforms are used to obtain financial data provided by a third-party provider with whom a service level agreement has been concluded. Please refer to the terms and conditions of the AgenaTrader platforms (https://agenatrader.com/terms-and-conditions/), but also note that TRADERSYARD cannot guarantee or be held liable for the reliability of this data provider.

Customer support


The customer may request the deletion of their User Dashboard at any time by sending an email to [email protected]. Such a request shall be deemed to be a request for termination of the Agreement by the Client, who shall then no longer be authorized to use any Services, including the User Dashboard and the Trading Platform. Upon receipt of the request, TRADERSYARD will promptly acknowledge the Client by e-mail, thereby terminating the contractual agreement between the Client and TRADERSYARD. Please note that the Client is not entitled to a refund of any fees already paid or costs already incurred.

5. Virtual accounts and their use

"Virtual trading" refers to trading with virtual money in a simulated trading environment. It is a way for traders and investors to practice and execute their skills and strategies without actually risking real money. The only risk the user has to bear is the participation fee for each TRADERSYARD challenge booked.

In a virtual trading game, participants receive a virtual balance that they can use to buy and sell securities. The price movements of the securities are based on actual market conditions, giving participants the opportunity to execute their trading strategies in a realistic environment without losing or gaining real money.

In Challenge Levels 1 to 3, the participant's transactions are executed exclusively on virtual accounts. Participants act as signal providers for TRADERSYARD, which reserves the right to execute or ignore these signals on its own challenge and asset class-specific real accounts in a cooperation company licensed for this purpose, at its own discretion.

If you participate in virtual trading on any of the available trading platforms (AgnaTrader), you have the authority to conduct virtual transactions, with the exception of trading strategies or practices that fall under the prohibited category described in clause "Prohibited Gambling Activities" below. It is also your responsibility to comply with standard market regulations and practices for trading in the financial markets, including risk management. Please also note that the trading conditions you choose may impose certain restrictions on the trading platform or that TRADERSYARD may impose certain risk settings which you as a User may not override.

Forwarding of trade data


By using the Trading Platform, you acknowledge that TRADERSYARD has access to information about your virtual trading activities. You authorize TRADERSYARD to share this information with entities that are either affiliated with TRADERSYARD through a corporate relationship or otherwise related to TRADERSYARD. You also authorize TRADERSYARD and these entities to handle the information as they see fit and in accordance with the GDPR.

Please note that these activities may be automated and require no further consent or authorization from you. You are not entitled to any compensation or revenue in connection with TRADERSYARD's use of the data. It is important to understand that your virtual trading on the Platform does not constitute investment advice or recommendations to TRADERSYARD. In the Pay-Out Levels, users act as signal providers, whereby TRADERSYARD decides whether to execute or ignore these trades on the real money accounts of the licensed cooperation company based on various risk analyses, which are evaluated, among other things, from the trading activities of Levels 1 to Level 3 of the user.

In accordance with the rules of the Challenges, you can suspend or terminate your virtual trading on the platform at any time.

Data reliability


TRADERSYARD accepts no responsibility for the accuracy or reliability of the information displayed on the relevant trading platform and User Dashboard. Furthermore, TRADERSYARD cannot be held responsible for any interruptions, delays or inaccuracies in the market information displayed via your User Dashboard.

6. Prohibited trade activities

If your trading strategy violates any of the rules below, we reserve the right to investigate and take necessary action, which may include suspending your account.

During the period of virtual trading within the Challenges, it is strictly forbidden to use trading strategies that knowingly or unknowingly exploit errors in the service, such as inaccurate price displays or delayed updates.

Likewise, it is strictly prohibited to trade with an external or delayed data feed or to engage in any form of trading activity - alone or in collaboration with others, including through linked accounts or accounts held with different TRADERSYARD affiliates - with the intention of manipulating trading, e.g. through simultaneous opposite positions.

It is also prohibited to execute trades contrary to the terms and conditions of TRADERSYARD or the trading platform used.

It is expressly forbidden to purchase services or grant 3rd party companies access to the user's accounts that carry out virtual trading on behalf of the challenge participant.

The use of software, artificial intelligence, ultra-high-speed tools (high-frequency trading) or mass data entry that could be used to manipulate or exploit our systems or services or to gain an unfair advantage is strictly prohibited.

It is strictly prohibited to execute trades that are inconsistent with the manner in which trading on any of the financial markets provided to TRADERSYARD is conducted in a legally correct manner or in a manner that gives rise to a reasonable concern that the Client's activities may result in financial or other harm to TRADERSYARD.

In addition, the client is expected not to take advantage of the services by entering into transactions without applying standard risk management practices for trading on the financial markets. These practices include, among other things, the risk management specified in the TRADERSYARD Challenges, tricky to circumvent with too high positions (lucky shots).

TRADERSYARD reserves the right to determine, in its sole discretion, whether certain trades, practices, strategies or situations constitute prohibited trade practices. Find out all about the prohibited gambling rules via this https://docs.tradersyard.com/german-1/challenges/unzulassige-trading-aktivitaten/gambling-regeln link.

Effects


In the event that a customer engages in any of the prohibited trade practices, TRADERSYARD reserves the right to take the following actions:
  • this shall be deemed a violation of the terms and conditions of the respective TRADERSYARD Challenge,
  • remove any transactions that violate the prohibition from the client's trading history and/or exclude their results from the profits and/or losses generated by virtual trading, and/or
  • immediately terminate all services provided to the customer and subsequently terminate this contract.
In the event that one or more Prohibited Trading Practices are detected on one or more TRADERSYARD Challenge Accounts of a Client or on Challenge Accounts of different Clients or by the combination of trades across one or more TRADERSYARD Challenge Accounts, TRADERSYARD reserves the right to cancel all Services and terminate all relevant Contracts in respect of all TRADERSYARD Accounts of the Client. TRADERSYARD may take any action referred to in this Agreement as it deems appropriate.

Engaging in prohibited trade practices or using TRADERSYARD Challenge Accounts for such activities may result in a violation of the terms and conditions for such accounts with potential Third Party Providers. Consequently, the third party provider may also terminate the relevant agreements and delete all associated user accounts.

In the event that the Client continues to engage in any of the Prohibited Trade Practices despite prior notification by TRADERSYARD, TRADERSYARD reserves the right to deny the Client access to all or certain parts of the Services, including the User Dashboard and the Trading Platform, without any compensation. In this case, the Client shall not be entitled to a refund of any fees paid.

Exclusion of responsibility for trading or investment activities


TRADERSYARD cannot accept responsibility for any trading or investment activities undertaken by the Client outside of the existing relationship. This includes any use of data or information from the user dashboard, the trading platform or any other source in connection with the services offered for actual trading on the financial markets. This applies even if the Client uses the same trading platform for both virtual and actual trading purposes. TRADERSYARD shall not be responsible for any third party services accessed by the Client via the Platform, including webinars. The financial markets are subject to frequent and abrupt changes, which can make trading in these markets unprofitable and lead to significant financial losses. It is important to note that previous successes and profits achieved by the client during virtual trading are not a guarantee or indication of future developments or results during live trading.

7. TRADERSYARD - Evaluation and Verification Challenge (Level 1 and Level 2)

General information


After the payment of the fee for the TRADERSYARD Challenge, the client will receive his access data for the trading platform via the e-mail address he has provided or the user dashboard. It should be noted that the activation of the TRADERSYARD Challenge is subject to the payment of the relevant fee. If the Client is a consumer, the Client expressly requests TRADERSYARD to provide the Services before the end of the withdrawal period by opening the first Virtual Trading Account. The User decides himself when he starts virtual trading in the Challenge Accounts.

Descriptions of the challenges


The following is an example of the different levels of the $5000 Challenge:
Level
Cash Value
Max. Leverage
Daily Risk
Level Risk
Profit Target
Payout
Level 1
$5,000
30
$250 (5%)
$500 (10%)
$500 (10%)
$0 (0%)
Level 2
$5,500
30
$275 (5%)
$550 (10%)
$550 (10%)
$0 (0%)
Level 3
$6,050
30
$303 (5%)
$605 (10%)
$605 (10%)
$182 (30%)
Level 4
$6,655
30
$333 (5%)
$666 (10%)
$666 (10%)
$266 (40%)
Level 5
$7,321
30
$366 (5%)
$732 (10%)
$732 (10%)
$366 (50%)
Level 6
$8,053
30
$403 (5%)
$805 (10%)
$805 (10%)
$483 (60%)
Level 7
$8,858
30
$443 (5%)
$886 (10%)
$886 (10%)
$576 (65%)
Level 8
$9,744
30
$487 (5%)
$974 (10%)
$974 (10%)
$682 (70%)
Level 9
$10,718
30
$536 (5%)
$1,072 (10%)
$1,072 (10%)
$804 (75%)
Level 10
$11,790
30
$589 (5%)
$1,179 (10%)
$1,179 (10%)
$943 (80%)
Example course of the $5000 Challenge:
  • The user starts at level 1
  • Each level is assigned a certain amount of the maximum account size.
  • When the profit target is reached, the user advances to the next level and receives an account with a higher virtual account balance ("Virtual Account Size")
  • If the cash value minus the open P&L of a challenge account has reached the daily loss limit or the level loss limit of this level, all your trades will be closed and your challenge will be marked as failed. You can continue to trade your challenge if you purchase an account reset. More information on how to reset your account can be found Here.
  • As soon as level 3 is reached, the trader qualifies for real money payouts (more details to follow) and has the right to request a payout as soon as the trader reaches Level 4
  • From level 3, the user acts as a potential signal provider, for which a work contract is concluded with the user as soon as Level 4 will be reached.
  • TradersYard is authorized (but not obligated) to replicate these trades on the proprietary prop trading account in order to participate in these signals.
The aforementioned parameters and their individual steps are explained in more detail at www.tradersyard.com under the heading "Challenges" and at www.docs.tradersyard.com.

Further rules for fulfilling/completing a challenge level and transitioning to higher/lower levels


There is no time limit on when the user has to start trading or how long they have to stay in a level. The user remains in the challenge until he has either reached level 10 in the profit target or has breached a loss limit (daily or level loss) for the open loss amount.

If the customer has reached the profit target of his respective level above the closed trades, his account is temporarily blocked, all his current trades are closed and his orders are deleted. The customer is informed of this by e-mail and this fact is also displayed in his user dashboard. The system then checks whether the user may have violated the "Prohibited trade activities" paragraph or other challenge rules.

If a trader has reached a payout level, he must wait until he receives confirmation of the payout, only then may he continue trading. If he continues trading before this, the trades are invalid and he may have to start the level from the beginning.

In order to be able to advance to a higher level, the following rules must also be observed, which are listed at https://docs.tradersyard.com/traderchallenge/rules-for-traderchallenge:
  • Each level has specific margin limits which can be reduced from 100% margin utilization per trade in level 1 to 10% margin limitation per trade. You can find the specific values of the margin limits on our website...
  • At least 15 trades must have been closed

If this check is positive, i.e. in the trader's favor, the user is assigned the virtual account size and the risk parameters of the next level, with which the user starts again at this level.

If the check is negative, the effects of the "Prohibited trade activities" paragraph apply. Checks within the meaning of "Prohibited trade activities" are also carried out continuously during trading activities within a level.

However, if the daily risk limit or the absolute level risk limit is reached, the challenge is terminated, all trades are automatically closed, the orders are deleted, the challenge is blocked and the status of the challenge is set to "failed".

The trader now has the option to buy back into the challenge via a reset and start again with Level 1.

8 .Website usage rights and obligations

Utilization


The Site and all Services, including the user dashboard, its appearance and all applications, data, information, multimedia elements such as text, drawings, graphics, designs, icons, images, audio and video samples, and all other content comprising the Site and the Services (collectively, the "Content"), are protected by copyright and other laws and are the property of TRADERSYARD or its licensors. TRADERSYARD grants users a limited, non-exclusive, non-transferable, non-assignable and revocable license to use the Content for the purpose of using the Services for your personal use and in accordance with the purpose for which the Services are provided. The Content is not sold or otherwise transferred to you and remains the property of TRADERSYARD or its licensors.

Access conditions


These terms and conditions set out the terms on which you are granted access to the Website. By accessing the Website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website.

Copyrights and other intellectual property rights


Your use of the Website and its Content does not grant you any rights in respect of any intellectual property rights or related rights, including copyright, trademarks, patents, design rights, trade names, database rights and related rights and rights in know-how ("Intellectual Property Rights") in connection with the Website. All text, user interfaces, visual interfaces, graphics, illustrations, photographs, trademarks, logos, computer code and other related materials (collectively, "Content"), including, without limitation, the design, arrangement, structure, selection, coordination, expression and "look and feel" of the Content, contained on the Website are owned, controlled or licensed to us by our licensors. All rights reserved.

These Terms of Access do not contain any provisions that would transfer any intellectual property rights from us to you or any third party.

You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, make available to the public or distribute in any way the content, services, web pages or materials on the Website or the computer code of any elements of which the Website is a part, except for your own personal use. You also may not use any automatic or manual device, program, algorithm or methodology or any similar process on any part of the Site or the Content. Subject to the foregoing, you may download insubstantial extracts of such Content to your hard disk for viewing, provided that no more than one copy of the information is made.

Any use other than that permitted under this Section 3 may only be made with our prior written consent.

We do not appropriate the use of any name, logo or trademark for use in any territory in which we are not authorized to do so and will not supply or offer products and/or services bearing such name, logo or trademark in any such territory.

Other TRADERSYARD brands and websites


Any products or services that we make available to you on or through other TRADERSYARD websites or landing pages of our brands (hereinafter "Brand Sites") are subject to additional terms and conditions, which will be notified to you when you access the relevant Brand Sites.

This website and the branded websites used to provide information about our TRADERSYARD Challenges are not intended to provide trading/investment or trading advice or instructions on how to use them, but are intended to provide general information only and are not intended for any particular person or purpose.

Purchases


Nothing on our Website or the Brand Sites constitutes an offer to buy or sell any products and/or services in any jurisdiction, as the Website is provided for informational purposes only. All details, descriptions, prices and other information about products and/or services appearing on the Website or any Brand Site are of a general nature only. We do not guarantee that any products and/or services displayed on the Website or any Brand Site are or will be available at the place and time you wish to purchase any particular product and/or service.

Our obligations, if any, with respect to products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this website should be construed to alter those agreements.

Links to other pages


Occasionally we provide links to other websites (via advertising or otherwise). The sole purpose of these links is to provide you with easy and convenient access to information. We have no control over such third party websites and are not responsible for their content. The provision of links does not imply that we endorse the content of these websites or are affiliated with their operators. You acknowledge that we are not a party to any transaction or contract that you may enter into with any third party and we will not be liable to you for any loss or damage that you may suffer as a result of your use of such websites. You agree that you will not involve us in any dispute between you and the third parties.

Your use of the website


You agree that you will not do the following when using the Website:
  • use the Website in any way that encourages, solicits or engages in any criminal, fraudulent, unlawful activity or that is prohibited by these Terms of Access;
  • use the website for purposes other than your personal use;
  • advertise third parties or your own products or services, including the distribution of "spam" emails;
  • transfer files that contain viruses, Trojans or other activities that are harmful to the website;
  • link to the website of a third party without our prior written consent;
  • gain or attempt to gain unauthorized access to any user account linked to or associated with the Website or breach or attempt to breach the Website's security measures; or
  • interfere with the access, use or normal use of the website by other persons.
  • Any access to and use of the website is at your own risk and responsibility. You should use your own anti-virus software.
  • You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Access and any other applicable terms set out in these Terms of Access, and that they comply with them.
  • We reserve the right to suspend, restrict or terminate your access to this website (or any part of it) at any time without notice at our discretion if we believe that you have breached any restriction in these terms of access.

Content uploaded to TRADERSYARD by the user


Content uploaded by you:

By submitting information, text, photographs, graphics or other content to us through the Site, you grant us the right to use such materials as we see fit, including, but not limited to, editing, copying, reproducing, disclosing, publishing and removing such materials from the Site.

You guarantee with regard to such contributions:
  • that they comply with all applicable laws and these Terms of Access;
  • that it is true, accurate and up-to-date in all respects and at all times (note that you can request an update or correction of your personal data at any time by contacting us at [email protected]);
  • that you have all necessary licenses and/or permissions and you have the right to submit such Contributions; and
  • that they are not confidential unless otherwise stated; and
  • that you are liable to us and indemnify us for any breach of this warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We have the right to remove any contribution that you publish on our website.

You are solely responsible for the security and backup of your content.

TradersYard uses Discord as a communication platform and operates various groups where you can also participate after you have registered with TradersYard. Please read the Discord-specific terms and conditions.

Content uploaded by other users:


This website may contain information and materials uploaded by other users of the website. This information and these materials have not been reviewed or approved by us. The views expressed by other users on our website do not represent our views or values.

Your legal obligations


You confirm that:
  • you are of legal age in your jurisdiction or have the consent of your parent or legal guardian; and
  • you will comply with the restrictions on use of the Website set out in these Terms.
  • you agree to indemnify us against any claims or damages (including any legal fees in respect of such claims or damages) brought by a third party in respect of any matter relating to or arising out of your use of the Website, including any breach or suspected breach of these Terms of Access or your violation of any law or the rights of a third party.

Reliability of the information you post


The contents of our website are for general information purposes only. It is not intended as advice. You must seek professional or specialist advice and must not take or refrain from taking any action on the basis of the content of our website.

Although we endeavor to ensure that the Website and its contents are accurate at the time of uploading to the Website, they are subject to change and, to the extent permitted by applicable laws and regulations, we make no representations, warranties or guarantees (whether express or implied) that the information on the Website or its contents are accurate, complete or up-to-date.

All content and services on the Website are provided on an "as is" and "as available" basis and are provided without any representations, warranties or guarantees of any kind to the extent permitted by applicable laws and regulations.

We are under no obligation to update the information contained on the website.

We may discontinue our website temporarily or completely.

Although we endeavor to ensure that the Website, its content, all features offered through the Website and all information contained therein are accurate, uninterrupted and free from errors and viruses, we cannot guarantee this due to the nature of the internet.

We do not guarantee or warrant that the Website or its content will always be available or uninterrupted or in a fully functional condition. We may suspend, discontinue or restrict the availability of all or part of our Website for business and operational reasons.

Access to the website may be suspended temporarily and without notice in the event of system failure, maintenance or repair or for reasons beyond our control. The Website is intended for persons resident in Austria. Access to or use of the Website (including its content, the features or benefits offered through it or the information contained therein) may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with all applicable laws and regulations of the country from which you access or use the Website. We make no representation that the Website (including its content, any features or benefits offered through it or any information contained therein) is appropriate or available for use in locations outside of Austria.

9. Terms of Payment

Currency


The fees are calculated in EUR. However, it is possible to pay the fee in another currency listed on the website, in which case the resulting amount will be charged in a currency other than EUR. In case of payment in a currency other than EUR, the fee for the selected option will be converted based on the current exchange rate of our payment provider. The customer acknowledges that any payment made in a currency other than the currency selected on the website will be converted on the basis of the exchange rate applicable at the time of payment.

Payment processing


The customer is expected to make the payment immediately when using a payment card or other express payment method. The customer is responsible for paying all fees charged by the chosen payment service provider (in accordance with the payment service provider's current price list) in relation to the transaction. The customer is obliged to ensure that the fee applicable to the selected option is transferred in full.

Payment data


TRADERSYARD does not store any payment data, but uses a payment service provider of its own choice, where the payment data is managed.

Tax aspects


The service fees are inclusive of all taxes. If the customer is an entrepreneur, it is their responsibility to comply with their tax obligations in connection with the use of our services in accordance with the applicable laws and, where applicable, to properly pay taxes or other duties. The fee for the selected option can be paid using one of the payment methods currently offered on our website.

Support and information


We acknowledge and inform you that any communication in connection with the provision of Services will be made by TRADERSYARD or its partners via the user dashboard, telephone number or e-mail address that you have registered with us. It is important to note that any written electronic communication, whether by email or via the User Dashboard, will also be considered written communication.

Our contact e-mail address is [email protected], and our postal address is Kärntner Ring 5/7, 1010 Vienna, AUSTRIA. Please note that the contract language for our services is German. Any English translations are provided solely for the convenience of English-speaking users. Only the German version is legally binding.

Cancellation, withdrawal and refund


Information on the right of withdrawal for digital content and services :

As a consumer within the meaning of §11 FAGG, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract. To exercise the right of withdrawal, you must inform us (TRADERSYARD GmbH, E-Mail: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation


If you exercise your right of withdrawal, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. You will not be charged any fees for this refund. If you have requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.

Expiry of the right of withdrawal


Please note that, in accordance with the legal provisions, your right of withdrawal expires as soon as we start executing the contract. The execution of the contract begins automatically as soon as the first trade in a trading challenge has been executed.

Exclusion of liability, claims for damages


TRADERSYARD has implemented state of the art security measures, including firewalls, to protect its servers. It is acknowledged that the services and other content are provided "as is" and may contain errors, defects and inadequacies. Therefore, your use of the Services is solely at your own risk and responsibility. TRADERSYARD disclaims all statutory, contractual, express and implied warranties of any kind, including, but not limited to, warranties of quality, merchantability, fitness for a particular purpose or non-infringement, to the fullest extent permitted by law.

Insolvency or liquidation


In the event of insolvency or liquidation of TradersYard GmbH, a subsidiary or sister company, or licensors, any entitlement to payouts from current challenges will lapse. Existing challenges will be closed and customers will be informed as early as possible as soon as such an event is foreseeable.

Termination of challenges


TradersYard GmbH also reserves the right to terminate the challenges of users without giving any further reasons if TradersYard GmbH deems this necessary for the continuation of business activities or if unauthorized trading practices are carried out by the user. If the user has acted unlawfully by violating these GTCs, there is no entitlement to any repayment or payout from challenges already carried out or currently running.

Modifications


TRADERSYARD reserves the right to modify, change, replace, supplement or eliminate elements or functionalities of the Services without any obligation to pay compensation. In particular, TRADERSYARD reserves the right to restrict or eliminate offers from third parties on the Platform if it discovers violations of legal provisions by these third parties.

Claims for damages


Claims for damages by the client are excluded, except in the case of claims for damages arising from injury to life, body, health or essential contractual obligations (cardinal obligations) of the client as well as liability for other damages based on an intentional or grossly negligent breach of duty by TRADERSYARD, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. In the event of a breach of material contractual obligations, TRADERSYARD shall only be liable for the typically foreseeable damage caused by simple negligence, unless it concerns claims for damages arising from injury to life, body or health of the client. The above limitations of liability shall also apply in favor of TRADERSYARD's legal representatives and vicarious agents if claims are asserted directly against them.

To the extent permitted by mandatory provisions of applicable law, TRADERSYARD shall not be liable for any damages, including indirect, incidental, special, punitive or consequential damages, including lost profits, lost data, personal or other non-monetary damages or property damage, caused by the use of the Services or reliance on any tool, functionality, information or other content available in connection with the use of the Services or elsewhere on the Website. TRADERSYARD is not responsible for any third party products, services, applications or other content that the Client uses in connection with the Services. This applies in particular to webinars or trainings of third parties that the Customer books via the Platform.

To the extent permitted by applicable law, TRADERSYARD shall not be liable for any damages, including indirect, incidental, special, punitive or consequential damages, such as lost profits, loss of data, personal or non-monetary damages or property damage, arising out of the use of the Services or reliance on any tool, functionality, information or other content available in connection with the use of the Services or elsewhere on the Site. TRADERSYARD is not liable for any third-party products, services, applications or other content that Customer uses in connection with the Services, including any third-party webinars or training booked through the Platform. In the event that TRADERSYARD's liability in connection with the operation of the Website or the provision of the Services is determined by a court or other competent authority, such liability shall be limited to the amount of the fees paid by the Customer for the Services - up to a maximum of EUR 500 - that resulted in the damages.

Damage in connection with the operation of the website


If TRADERSYARD's liability is determined by a court or other competent authority in connection with the operation of the Website or the provision of the Services, such liability shall be limited to the amount corresponding to the fee paid by the Client for the Services in connection with which the damage was incurred by the Client, to the extent permitted by mandatory provisions of applicable law.

Higher powers


If TRADERSYARD is unable to provide the purchased Services due to significant technical or operational problems for which it is not responsible, or in the event of a crisis or impending crisis, natural disaster, war, riot, pandemic, threat to large numbers of people or other force majeure event, or if TRADERSYARD is required by law or prevented by a public authority from withholding the Services, it shall not be responsible for the non-delivery of the Services.

Defects


However, claims for defects in goods and services remain unaffected. Please note that the purpose of these terms is not to deprive the customer of any consumer or other rights that cannot be excluded by law. Please note that this section only applies to consumers resident in the EU.

Jurisdiction


The prerequisite is that our customers are completely satisfied with TRADERSYARD's services. We therefore welcome the opportunity to discuss complaints or suggestions directly with you. You can contact us by e-mail at [email protected].

Austrian law shall apply to the legal relationships arising from or in connection with these terms and conditions and to all non-contractual legal relationships in connection therewith. In the event of disputes, Vienna shall be the place of jurisdiction, insofar as this is permissible. TRADERSYARD also reserves the right to take legal action at the Client's general place of jurisdiction.

It should be noted that these provisions do not affect the legal protection to which consumers are entitled under the mandatory law of the respective member state of the European Union or another applicable legal system.

Out-of-court online dispute resolution


The European Commission offers a platform for online dispute resolution (ODR) that is outside of court proceedings. You can access this platform via the following link: https://ec.europa.eu/consumers/odr/. We do not participate in alternative dispute resolution proceedings within the meaning of the ODR Regulation or in consumer arbitration proceedings within the meaning of the Consumer Dispute Resolution Act (VSBG) and are not legally obliged to do so.

Final provisions


These Terms and Conditions constitute the entire agreement between you and TRADERSYARD and supersede all prior agreements, whether written or oral, relating to the subject matter contained herein.