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Section 2. TERMS OF SERVICE

Effective Date: May 10, 2026 | Version: 2.0

2.1 Acceptance & Electronic Contract Formation

2.1.1 By creating an account, paying a Challenge Fee, ticking the "I agree" checkbox, clicking "Sign Up", or otherwise using the Platform, the User affirmatively and irrevocably accepts these Terms of Service ("Terms"), the Privacy Policy, the Risk Disclosure Document, and all policies incorporated by reference herein (collectively, the "Agreement").

2.1.2 The Agreement constitutes a valid electronic contract under Section 10A of the Information Technology Act, 2000 read with Section 10 of the Indian Contract Act, 1872. The User waives any defence based on the electronic form of execution.

2.1.3 No oral modification. No representation, statement, undertaking, or promise made by any FutureFunding employee, contractor, affiliate, influencer, or marketing partner — whether oral, on social media, in webinars, or otherwise — shall modify, supplement, or override these Terms unless expressly incorporated in a written amendment signed by the Company's authorised signatory.

2.2 Eligibility & User Representations

The User represents and warrants (and shall be deemed to repeat such representations on each access) that:

  • (a) The User is at least 18 years of age and competent to contract under Section 11 of the Indian Contract Act, 1872;
  • (b) The User is a resident Indian within the meaning of Section 6 of the Income Tax Act, 1961 and Section 2(v) of FEMA, 1999 (non-resident eligibility shall be governed by a separate addendum, if any);
  • (c) The User holds a valid PAN, Aadhaar, and Indian bank account in their own name;
  • (d) The User is not currently barred, debarred, suspended, or under investigation by SEBI, RBI, FIU-IND, IRDAI, or any other Indian or foreign financial regulator;
  • (e) The User is not named in any UNSC sanctions list, OFAC list, or domestic terror-financing list maintained under the UAPA, 1967;
  • (f) The User is not a Politically Exposed Person ("PEP") unless disclosed during KYC;
  • (g) All KYC information furnished is true, correct, complete, and not misleading;
  • (h) The User is acting on their own account and not as a nominee, benamidar, or front for any third party.

Breach of any representation entitles FutureFunding to immediate termination, forfeiture of fees, and recovery of damages.

2.3 Description of Services

The Services are provided through Demo Pro Accounts as described in the Master Disclosure Statement. In summary:

(a) Demo Pro Account. Each User is provisioned a Demo Pro Account with a virtual capital balance, against which the User may demonstrate trading competency by entering Trade Instructions. Access is granted upon payment of the Challenge Fee, which is consideration for the technology service. The Challenge Fee is not an entry fee for any tournament, contest, wager, game of chance, or game of skill governed by the Public Gambling Act, 1867 or analogous State legislation; and it is not consideration for the right to receive any money or money's worth contingent on the outcome of an event.

(b) Discretionary Execution. Selected Trade Instructions may, at FutureFunding's sole and absolute discretion, be executed on Indian exchanges through SEBI-registered stockbrokers engaged by the Company, using exclusively the Company's own proprietary capital. The User has no broker access, no exchange access, no order-routing authority, and no right to demand execution.

(c) RMS — Final Authority. Every Trade Instruction passes through FutureFunding's Risk Management System ("RMS"), which has the final authority to accept, partially accept, modify, delay, or reject any instruction, in real-time or retrospectively, for any reason including without limitation: risk-limit proximity, suspected manipulation, market disorderliness, exchange/broker outages, regulatory direction, or business judgment. Non-execution shall never be construed as a breach by FutureFunding and shall not give rise to any claim for damages, lost profit, opportunity cost, or expectation interest.

2.4 Challenge Fee — Service Fee Characterization

2.4.1 Nature. The Challenge Fee is consideration under Section 2(d) of the Indian Contract Act, 1872 for the provision of access to evaluation technology. It is a service fee, recognised as revenue of FutureFunding upon receipt, and not a deposit, advance, security, retainer, escrow, prepayment, subscription to securities, or contribution to any pool.

2.4.2 Non-refundability. Subject to applicable consumer protection laws, the Challenge Fee is non-refundable except in the limited circumstances expressly set out in Section 9.2 (Refund, Cancellation & Chargeback Policy). For clarity, non-refundability extends to: (a) failure to clear evaluation; (b) drawdown breach; (c) account termination; (d) Platform downtime not exceeding the service availability target in Section 2.13; (e) change of mind; (f) regulatory developments not affecting the User's ability to access the service paid for; (g) force majeure events outside the Company's reasonable control. This Clause shall be read consistently with the Consumer Protection Act, 2019 and the rules thereunder; nothing herein purports to waive any non-derogable statutory right of the User.

2.4.3 Tax incidence. GST at the prevailing rate (currently 18% under HSN 9983) shall be levied in addition to the Challenge Fee. The amount payable shown at checkout is inclusive of GST unless stated otherwise.

2.4.4 Pricing changes. FutureFunding may revise Challenge Fee pricing prospectively. Revisions shall not affect Users who have already paid for an active evaluation cycle.

2.5 Demo Pro Account — Limited Operational Licence

2.5.1 A Pro Account confers upon the Trader only a limited, revocable, non-transferable, non-exclusive licence to enter Trade Instructions in FutureFunding's simulated trading environment, subject at all times to RMS gating and the TPA. No order from the Pro Account is transmitted to any live market.

2.5.2 The "balance" of a Demo Pro Account is a virtual balance. It is not money, securities, e-money, prepaid instruments, claim on the Company, or any form of property. The Trader has no ownership, possessory, beneficial, equitable, lien, charge, security, or any other proprietary interest in: (a) the virtual balance; (b) any position (whether or not the Company has elected to execute it in the live market); (c) any realised or unrealised P&L; (d) any books, records, models, or systems of the Company.

2.5.3 FutureFunding may terminate, suspend, reduce, freeze, restructure, recalibrate, or transfer any Pro Account at any time, with or without cause, and with or without notice, at its sole discretion. No Trader shall be entitled to compensation, consequential loss, lost-profit damages, or "expectation interest" damages in respect of such action.

2.6 Stipend — Service Compensation, Not Profit Share

2.6.1 Stipends are performance-linked service compensation paid out of FutureFunding's discretionary operating budget under Section 3 (TPA), computed with reference to the Trader's measured performance on the Demo Pro Account under Section 3.5. They are not: (a) returns on investment; (b) profit share, partnership distribution, or dividend; (c) a share of any actual market gain of the Company; (d) commission within the meaning of Section 194H of the Income Tax Act, 1961; (e) salary or wages; (f) winnings from a wager or game.

2.6.2 Trader bears all tax responsibility. The Pro Trader is engaged as an independent contractor providing performance-based services to the Company in exchange for performance-linked Stipends. The Pro Trader is solely and exclusively responsible for: (a) determining the correct tax characterisation of Stipends received; (b) filing income-tax returns and paying all direct taxes (including advance tax); (c) GST registration, invoicing, and discharge of indirect-tax liability (where applicable); (d) all tax-authority correspondence, assessments, and proceedings. FutureFunding may deduct TDS and/or provide statements as applicable under Indian law; save for such statutorily-required deductions and statements, the Company assumes no responsibility for paying, computing, advising on, or reporting any tax on the Pro Trader's behalf. Detailed terms are set out in Section 3.5.

2.6.3 Stipends are paid only to the bank account verified during KYC. Third-party endorsements or assignment of Stipend rights is prohibited and void.

2.7 Account Security & Authentication

2.7.1 The User is solely responsible for safeguarding login credentials, two-factor authentication devices, and API keys (if issued). Any activity originating from authenticated sessions shall be conclusively presumed to be that of the User.

2.7.2 The User shall immediately notify the Company at support@futurefunding.in upon discovering any unauthorised access. FutureFunding shall not be liable for losses arising prior to its receipt of such notice.

2.8 Prohibited Conduct

In addition to the conduct listed in Section 8, the User shall not:

  • Trade for, on behalf of, or under instructions from any third party;
  • Operate multiple accounts, or apply with multiple identities, to circumvent risk limits or evaluation parameters;
  • Use automated systems, bots, copy-trading services, or signal services without prior written approval;
  • Reverse-engineer, decompile, or scrape the Platform;
  • Engage in or facilitate market manipulation, layering, spoofing, wash trading, front-running, or insider trading;
  • Misrepresent identity, residency, tax status, or KYC particulars;
  • Bring the Company into disrepute via social media, press, or otherwise;
  • Use the Platform for money laundering, terror financing, or proceeds of crime.

2.9 Intellectual Property

2.9.1 All technology, source code, RMS algorithms, evaluation logic, risk models, dashboards, documentation, brand marks, trade dress, content, and derivative works on the Platform are the exclusive intellectual property of FutureFunding (or its licensors), protected under the Copyright Act 1957, Trade Marks Act 1999, Patents Act 1970, and Designs Act 2000.

2.9.2 The Agreement grants the User a personal, limited, revocable, non-sublicensable, non-transferable licence to use the Platform solely for the contracted purpose. No other right is granted, by implication, estoppel, or otherwise.

2.9.3 Feedback assignment. All feedback, suggestions, and improvements communicated by the User to FutureFunding become FutureFunding's property without consideration, and the User irrevocably assigns all rights therein.

2.10 Indemnification

The User shall indemnify, defend, and hold harmless FutureFunding, its directors, officers, employees, affiliates, advisors, brokers, and agents from and against all losses, damages, penalties, fines, claims, demands, suits, costs (including reasonable legal fees on a full-indemnity basis) arising out of or in connection with:

  • (a) The User's breach of any term, representation, or warranty under the Agreement;
  • (b) The User's violation of any applicable law or third-party right;
  • (c) Misrepresentation in KYC or onboarding;
  • (d) Tax liability attributable to the User's mis-characterisation of Stipends;
  • (e) Any third-party claim against FutureFunding arising from User content, conduct, or trading activity.

This indemnity shall survive termination of the Agreement.

2.11 Limitation of Liability — Liability Cap

2.11.1 No indirect damages. Notwithstanding anything to the contrary, FutureFunding shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including without limitation lost profits, lost trading opportunity, loss of goodwill, or loss of data, even if advised of the possibility thereof.

2.11.2 Aggregate cap. FutureFunding's aggregate liability to any User, from all claims under or relating to the Agreement, shall not exceed one (1) times the SaaS / subscription / Challenge Fee amount actually paid by such User to FutureFunding in respect of the service from which the claim arises ("1x Subscription Cap"). This cap is the User's sole and exclusive monetary remedy and applies in aggregate to all claims, whether in contract, tort, restitution, or otherwise, arising from or relating to the User's use of the Platform.

2.11.3 The User acknowledges that this cap is an essential allocation of risk, without which the Agreement would not be offered.

2.12 Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranty of any kind, express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, uninterrupted availability, or non-infringement. FutureFunding does not warrant that the Platform shall be free from defects, errors, viruses, latency, or interruption.

2.13 Service Level & Downtime

Target availability. FutureFunding shall use commercially reasonable efforts to maintain Platform availability of at least 99.0% during Indian equity-market hours (Mon–Fri, 09:15–15:30 IST, excluding NSE/BSE holidays), measured on a calendar-month basis and excluding (i) scheduled maintenance windows communicated in advance, (ii) force majeure events under Section 2.14, (iii) downtime attributable to third-party services (brokers, exchanges, payment gateways, data-feed vendors, ISPs), and (iv) downtime caused by the User's own systems or networks.

Scheduled maintenance shall ordinarily be communicated at least twenty-four (24) hours in advance via in-Platform notice and email.

Remedies. This availability target is a good-faith commitment, not a contractual warranty. The User's sole and exclusive remedies for any failure to meet the target are: (a) extension of the active evaluation cycle by a period equivalent to the qualifying downtime, or (b) such other proportionate non-monetary remedy as the Company may, in its discretion, offer. No monetary refund of Challenge Fees is payable on account of downtime, except as may be specifically required by the Consumer Protection Act, 2019.

2.14 Force Majeure

Neither party shall be liable for failure to perform obligations (other than payment obligations already accrued) caused by events beyond reasonable control, including without limitation: exchange or broker outages, data-feed failures, cyber-attacks, denial-of-service attacks, regulatory direction, sovereign action, civil unrest, pandemic, epidemic, war, terrorism, acts of God, or failures of essential public utilities.

2.15 Modification of Terms

FutureFunding may revise the Agreement from time to time. Material changes shall be notified at least fifteen (15) days in advance via email and Platform notice. Continued use after the effective date constitutes acceptance. If the User does not agree, the User's sole remedy is to discontinue use of the Platform.

2.16 Assignment

The User may not assign, sublicense, or transfer any rights under the Agreement. FutureFunding may assign the Agreement, in whole or part, to any affiliate or successor-in-interest without consent.

2.17 Class Action Waiver

The User agrees that any dispute shall be brought solely in the User's individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator shall have no authority to consolidate claims or preside over class proceedings.

2.18 Governing Law, Arbitration & Jurisdiction

2.18.1 Governing law. The Agreement is governed by the laws of the Republic of India.

2.18.2 Pre-arbitration grievance. The User shall first invoke the Grievance Redressal Mechanism in Section 6 and allow a 15-business-day cure period.

2.18.3 Arbitration. Any dispute that remains unresolved shall be referred to sole-arbitrator arbitration under the Arbitration and Conciliation Act, 1996. The sole arbitrator shall be appointed by mutual agreement of the parties within fifteen (15) business days of the dispute being referred to arbitration, failing which by the designated arbitral institution (DIAC, MCIA, or ICA, in that order of preference) in accordance with its rules. This appointment mechanism is intended to comply with Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996, and with the principles laid down by the Supreme Court of India in TRF Ltd v Energo Engineering Projects Ltd (2017) 8 SCC 377 and Perkins Eastman Architects DPC v HSCC (India) Ltd (2020) 20 SCC 760, that a party with an interest in the dispute cannot unilaterally appoint the sole arbitrator. The seat and venue of arbitration shall be New Delhi; the language shall be English; awards shall be reasoned and final.

2.18.4 Exclusive jurisdiction. Subject to the arbitration clause, courts at Gautam Budh Nagar (Noida), Uttar Pradesh shall have exclusive jurisdiction over any proceedings (including for interim relief under Section 9 of the Arbitration Act). For matters required to be heard at the seat of arbitration, the competent courts at New Delhi shall have supervisory jurisdiction under Sections 9, 11, 34, 36, and 37 of the Arbitration and Conciliation Act, 1996.

2.19 Severability, Waiver, Entire Agreement & Survival

2.19.1 Severability. If any provision is held invalid or unenforceable, the remainder shall continue in full force. The invalid provision shall be replaced by a valid provision that approximates the parties' intent most closely.

2.19.2 No waiver. No failure or delay in exercising any right shall constitute waiver. A waiver is effective only if in writing.

2.19.3 Entire agreement. The Agreement (together with the policies incorporated by reference) constitutes the entire agreement and supersedes all prior communications.

2.19.4 Survival. Sections 2.4, 2.6, 2.9–2.12, 2.14, 2.17–2.19, 3.7, 3.10, and the indemnity and confidentiality clauses shall survive termination.