Terms of Service

1. Agreement and acceptance

1.1 These Terms of Service (the "Terms") are a binding agreement between you and Lenium, Inc., a Delaware corporation ("Lenium", "we", "us"). They govern your access to and use of www.lenium.capital, the Lenium dashboard, evaluation, funded and Instant accounts, payouts, the affiliate program, and every related feature, page, application and communication (together, the "Service").

1.2 You accept these Terms when you create an account, tick a box or click a button that refers to them, buy any product, or use the Service. If you do not agree, do not use the Service.

1.3 The following documents form part of these Terms and are incorporated by reference: the Rules page at www.lenium.capital/rules (the "Rules"), the Pricing page at www.lenium.capital/pricing, the Refund and Cancellation Policy, the Risk and Simulated Performance Disclosure, and the Privacy Policy. If these Terms and any of those documents conflict, the order of priority is: (a) these Terms, (b) the Rules version that applies to your account, (c) the Refund and Cancellation Policy, (d) the Risk and Simulated Performance Disclosure, (e) the Pricing page. The Privacy Policy governs how we handle personal information.

1.4 You represent that you have the legal capacity to enter into these Terms. If you use the Service on behalf of a business, you are not permitted to do so; accounts are for individuals only.

2. Who we are

2.1 Lenium is operated by Lenium, Inc., 251 Little Falls Drive, Wilmington, DE 19808. You can reach us at support@lenium.capital for support and at legal@lenium.capital for legal notices.

2.2 Lenium is not affiliated with, endorsed by, sponsored by, or acting on behalf of the Exchange or any other exchange or prediction market operator.

3. What Lenium is, and what it is not

3.1 Lenium is a skills-evaluation and performance-rewards service. You pay a fee to take an evaluation in which you place simulated trades on event contracts using live market prices published by a third-party, CFTC-regulated prediction market exchange (the "Exchange"). If you meet the Rules, you may receive a funded account and become eligible for performance-based payouts under Sections 12 to 14. You can also buy an Instant account: a simulated funded account issued when you buy it, without an evaluation (Section 12.7).

3.2 Evaluation accounts are simulated, and so are Instant accounts. No real money is traded, no order is sent to the Exchange or any other exchange, and no position you hold in an evaluation account exists outside Lenium's systems. Balances such as "$25,000" are notional figures used only to measure performance. They are not deposits, are not your money, and cannot be withdrawn.

3.3 Funded accounts are also simulated. A funded account is a simulated account with the balance and rules stated in the Rules. Your trades in a funded account are not sent to any exchange. Payouts are paid by Lenium from its own funds, calculated from your simulated results under Section 13. Lenium may, at its sole discretion and without telling you, place trades on its own behalf that follow, oppose, or ignore your simulated activity; you have no interest in, or claim to, any such trades or their results.

3.4 Lenium is not a financial institution. Lenium is not a broker-dealer, futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator, designated contract market, swap execution facility, investment adviser, bank, money transmitter, or exchange. Lenium is not registered with, and is not regulated by, the Commodity Futures Trading Commission (CFTC), the National Futures Association (NFA), the Securities and Exchange Commission (SEC), or any state securities or banking regulator. The Exchange's regulatory status belongs to the Exchange, not to Lenium.

3.5 No advice, no account management. Nothing on the Service is investment, financial, legal, or tax advice, or a recommendation to buy or sell any contract. You make every trading decision yourself. Lenium does not manage money for you, does not hold funds on your behalf, and does not offer you any security, futures contract, swap, or interest in any pool or fund.

3.6 Not gambling, not a lottery. The evaluation measures trading skill against published rules. Fees are paid for the evaluation service, whether or not you pass, and the price of an Instant account is paid for that account, whether or not it ever reaches a payout. You acknowledge that most participants do not pass, that most Instant accounts end before any payout, and that outcomes depend on your own decisions under the Rules.

4. Eligibility and restricted jurisdictions

4.1 To use the Service you must: (a) be at least 18 years old and the age of majority where you live; (b) be an individual acting for yourself; (c) not be located in, resident in, or a citizen of a Restricted Jurisdiction; (d) not appear on any U.S. sanctions list, including the OFAC Specially Designated Nationals list, and not be owned or controlled by anyone who does; and (e) not have had a Lenium account terminated for a breach of these Terms.

4.2 Restricted Jurisdictions are: Belarus, Cuba, Iran, North Korea, Russia, Syria, Venezuela, Crimea, Sevastopol, Donetsk region and Luhansk region, any country or region subject to comprehensive U.S. sanctions, and any place where the Service or any part of it is unlawful. We may update this list at any time. If your jurisdiction becomes restricted, we may close your accounts and will refund or pay what is owed to you under these Terms and the Refund and Cancellation Policy, except where the law prohibits it.

4.3 You must not use a VPN, proxy, false address, or any other method to hide your location or identity, or to access the Service from a Restricted Jurisdiction.

4.4 Persons who may not trade certain markets. You must not trade any market in which you have, or could reasonably be expected to have, material non-public information, or whose outcome you or someone acting with you can influence. This includes, for example, athletes, coaches, officials and staff for sports markets involving their league; employees of the government agency or company that produces the data a market settles on; campaign staff for election markets; and employees, contractors and immediate family members of the Exchange. Employees and contractors of Lenium and their household members may not buy evaluations or Instant accounts.

4.5 We may ask for proof of eligibility at any time and may refuse, suspend, or close any account that does not meet this Section.

5. Your account

5.1 You may hold only one Lenium user account. You may hold more than one evaluation, funded or Instant account inside it only as allowed by the Rules and Pricing page, which currently allows up to 4 accounts at once and up to $200,000 in funded and Instant accounts per person. User accounts that we reasonably determine belong to the same person, for example because they share a verified identity, phone number or payment card, are treated as one user account for these limits. Creating more than one user account, or using another person's account, is a material breach.

5.2 You may sign up with email and password or with Google. The information you give us must be true, complete and current. Your name must match your government-issued identification.

5.3 You are responsible for everything done through your account and for keeping your password and devices secure. Tell us at support@lenium.capital right away if you suspect unauthorised access. You must not share, sell, rent, or transfer your account or allow anyone else to trade in it.

6. Identity verification and tax information

6.1 You must verify your email address before you buy an evaluation or an Instant account, or trade. Before we issue a funded account, before the first payout from an Instant account, and before every payout, and at any other time we reasonably request, you must complete identity verification through [IDENTITY VERIFICATION PROVIDER] or another provider we choose. This may include a government-issued photo ID, a selfie or liveness check, proof of address, and your date of birth. We may also ask you to verify a mobile phone number by text message.

6.2 Before any payout you must also provide tax information we request, such as IRS Form W-9 if you are a U.S. person. We do not currently offer the Service to people outside the United States; if that changes, other forms may apply.

6.3 We may refuse or delay a payout, and may close an account, if verification fails, is incomplete, or shows that you are ineligible or that the account holder is not the person who traded. A verified identity, and a verified phone number, may be linked to only one Lenium user account; if the identity or phone number you verify is already linked to another account, we will not complete the verification and may suspend both accounts while we review them.

7. Fees, pricing and payment

7.1 The current fees for evaluations, resets, Instant accounts and add-ons are shown on the Pricing page and at checkout. The price shown at checkout, after any valid code, is the price you pay. Prices are in U.S. dollars and exclude any taxes, which we will add where required.

7.2 Fees are one-time payments for the specific evaluation, reset or add-on you buy. There are no subscriptions. Buying an evaluation gives you one attempt under the Rules version stamped on that account. Buying an Instant account gives you one Instant account under the Rules version stamped on it. Instant accounts cannot be reset; if an Instant account ends, you may buy a new one at the price then shown. Account sizes marked "Coming soon" are not offered and cannot be bought.

7.3 A reset restarts a failed or expired evaluation for the same account size at the reset fee shown at checkout (currently 75% of the list fee). A reset keeps the add-ons already on that account; you cannot add new add-ons to a reset.

7.4 Payments are processed by [PAYMENT PROCESSOR]. You authorise us and our processor to charge your chosen payment method for every purchase you confirm. We do not store full card numbers.

7.5 Chargebacks. If you believe a charge is wrong, contact us first at support@lenium.capital; most issues are resolved within a few business days. If you file a chargeback or payment dispute for a purchase you received, we may suspend all your accounts while it is open and, if the dispute is not resolved in our favour, close them and cancel any pending payouts connected to the disputed purchase. This does not limit any right you have under your card issuer's rules or the law.

7.6 We may change prices at any time for future purchases. A price change never affects a purchase already completed.

8. Discount codes and promotions

8.1 Discount codes apply only to evaluation fees, unless a code's terms say otherwise, and never to add-ons or Instant accounts. Lenium does not currently offer a standing discount code. Referral codes from affiliates record who referred you and do not change the price you pay.

8.2 Only one code may be used per order. Codes have no cash value, cannot be sold or transferred, and may be changed, limited, or withdrawn at any time without affecting orders already placed.

8.3 We may cancel an order, or charge the undiscounted price, if a code was obtained or used fraudulently, in breach of its terms, or through an obvious error.

9. The Rules and rules versions

9.1 The Rules set out every trading requirement and limit for evaluation, funded and Instant accounts, including profit targets, drawdown limits, position and exposure limits, the permitted price range, the market resolution window, consistency limits, time windows, profit split, commissions, payout minimums, the payout cap, and inactivity limits. You must follow them at all times.

9.2 Each account, including an Instant account, is stamped with the Rules version in force when you bought it (for example, version 1 or version 2). That version continues to apply to that account for as long as it exists, including after a reset, except as stated in Section 9.3.

9.3 We may change the Rules for existing accounts only: (a) to comply with law, a regulator, or a requirement of a data provider; (b) to stop fraud, abuse, or a Prohibited Practice; (c) to correct an obvious error; or (d) if the change is only in your favour. Any other change applies only to accounts bought after it is published.

9.4 Our systems apply the Rules automatically. If our systems and the Rules page disagree, the Rules page controls, and we will correct the account.

10. Evaluation accounts

10.1 Starting. Your evaluation window of 30 calendar days (or longer if you bought the Double time add-on) begins when the evaluation account is activated in your dashboard.

10.2 How trades work. Evaluation trades are simulated against live prices published by the Exchange. Buy orders fill at the displayed ask price and sales close at the displayed bid price. Open positions are valued at the bid price or, once a market resolves, at its settlement value. Orders in markets that are closed, halted, or unavailable are rejected. A simulated Exchange trading fee, calculated as described in the Rules, is charged on every simulated fill and reduces your balance.

10.3 Passing. You pass when, at the same time: (a) your account value, including open positions, has risen by at least the profit target (10% of the starting balance, as adjusted by the consistency rule); and (b) you have followed every Rule for the whole evaluation. There is no minimum number of markets.

10.4 Failing. Your evaluation ends without a pass if: (a) your account value reaches or falls below the static floor (10% below the starting balance); (b) the evaluation window ends before you pass; or (c) you commit a Prohibited Practice or a material breach of these Terms. When an evaluation ends, open positions are closed at the prevailing bid.

10.5 Consistency rule. If one market contributes more profit than the consistency limit in the Rules, your profit target rises as the Rules describe. This never ends your evaluation.

10.6 Review before funding. Every pass is reviewed before a funded account is issued. We will usually finish within 3 business days. We may extend the review if we find signs of a Prohibited Practice, and we may reject a pass that was achieved through one.

10.7 Evaluation results are not payable. Profit in an evaluation account is simulated and is never paid to you.

11. Resets and add-ons

11.1 A reset gives a failed or expired evaluation a new attempt at the same account size, with a fresh balance and window, under the Rules version stamped on that account.

11.2 Add-ons change the Rules for the specific account they are bought for, exactly as described on the Pricing and Rules pages. They are permanent for that account, carry over to its resets, and cannot be moved to another account. Add-ons bought with an evaluation also apply to the funded account issued from it. The add-ons offered with an Instant account are listed on the Pricing page; Double time is not available on Instant accounts.

11.3 The Drawdown boost add-on has been retired. Accounts that bought it before it was retired keep its effect for as long as those accounts exist. It cannot be bought again.

11.4 Bundle discounts apply only to add-ons bought together at the same checkout.

11.5 Weekly payouts. This add-on shortens the wait for the first payout from a funded or Instant account to 7 days and lets you request a payout every 7 days, subject to the minimum and the cap in Section 13. It does not increase the cap. It can only be bought with an evaluation or an Instant account, not added to an existing account.

12. Funded accounts (Funded Account Terms)

12.1 Issue. After an approved pass and your acceptance of this Section 12 in the dashboard, we will issue a funded account with the reference balance of the evaluation you passed. Identity verification under Section 6 is required before issue and before every payout.

12.2 What a funded account is. A funded account is a performance-measurement account governed by the funded rules in the Rules.

It is simulated in the same way as an evaluation account (see Section 3.3). Its balance is a notional reference figure and is not money owed to you.

12.3 Funded rules. A funded account has no profit target and no time limit. It ends if its value reaches or falls below the trailing drawdown floor (10% below the account's highest value, which only moves up), if it has no trades for 30 consecutive days (with a warning after 20 days), or on a material breach. Position and exposure limits, the permitted price range, the resolution window and the funded consistency rule apply as stated in the Rules. A commission of 1% of the notional value of each opening trade is deducted.

12.4 Allocation limits. We may limit the number of funded accounts and the total funded reference balance any one person may hold across all accounts, currently $200,000. Accounts held by people who share an address, device, payment method, or who trade together may be treated as one person for this limit.

12.5 No ownership, no transfer. You have no ownership interest in any funded account, its balance, or any position in it. Funded accounts cannot be sold, pledged, assigned, or transferred.

12.6 Our rights. We may pause trading in a funded account during a review, a data outage, or a market disruption, and may close an account at any time for any lawful reason. If we close a funded account for a reason other than your breach, we will pay any payout that you were eligible to request at the time of closure, subject to Section 13.

12.7 Instant accounts. You may buy an Instant account instead of taking an evaluation. An Instant account is a funded account issued when your payment is confirmed, without an evaluation. This Section 12 applies to it, with these differences: (a) you accept this Section 12 when you buy it; (b) identity verification under Section 6 is required before the first payout instead of before issue; (c) the trailing drawdown floor is 6% below the account's highest value, and the position and exposure limits are 3% and 6% of the current balance; (d) your profit split is 70% (90% with the profit split add-on), and the consistency limit checked at payout is 20% (30% with the Consistency boost add-on); (e) the price of an Instant account is never refunded or given back as credit with a payout; (f) Instant accounts cannot be reset, and if an Instant account ends you may buy a new one at the price then shown; (g) Instant accounts are offered in sizes of $5,000, $10,000, $25,000 and $50,000 and count toward the limits in Sections 5.1 and 12.4.

13. Payouts

13.1 When you can request one. You may request a payout from a funded account when its profit (its current value minus its starting balance, after commissions and fees) is at least 2% of the starting balance. The first payout from a funded account can be requested once 14 days have passed since the account was activated. For an Instant account, the first payout can be requested once 14 days have passed since it was issued. With the Weekly payouts add-on, the first payout from a funded or Instant account can be requested once 7 days have passed. A payout can also wait until the funded consistency rule is met: no single market may make up more than the consistency limit in the Rules of the realized profit since your last payout (or since the account was activated). This never ends the account.

13.2 Payout cap and how often you can request. In any rolling 30-day period, you may withdraw gross profit of up to 5% of the account's starting balance. After a payout request, the next request can be made 30 days later, or 7 days later with the Weekly payouts add-on. Each request must be at least the minimum in Section 13.1 and must fit within the cap, so fewer requests than the interval allows may fit in one period. Profit above the cap stays in the account.

13.3 Profit left in the account is not yet yours. Until a payout is approved, profit in a funded account remains part of the account, keeps counting toward the trailing drawdown, and is lost if the account ends. No amount becomes owed to you until we approve a payout request.

13.4 Your share. Your payout is your profit split (currently 70%, or 90% with the profit split add-on) of the gross profit approved for withdrawal. The full gross amount approved is deducted from the account balance.

13.5 Fee back as credit on your first payout. When the first payout from a funded account is approved, we give you back the evaluation fee you actually paid for the evaluation that earned that account (after any discount code, not including add-ons or reset fees) as account credit. Credit is applied automatically to your next purchase on Lenium unless you choose not to use it, never takes a purchase below zero, and expires 180 days after it is issued. Credit has no cash value: it cannot be withdrawn, refunded in cash, or transferred to anyone else. It is given once per funded account, and any unused credit is cancelled if the payout that earned it is reversed. Funded accounts sold under earlier rules keep the cash refund of that fee with their first approved payout, paid by Lenium on top of your share and not deducted from the account. The price of an Instant account is never refunded or given back as credit with a payout.

13.6 Review and processing. Every request is reviewed for compliance with these Terms and the Rules. Approved payouts are sent within 14 business days of approval (7 business days with the Fast payout add-on, which changes how quickly an approved payout is sent, not how often you can request one) by [PAYOUT METHOD] to an account in your own name. If we decline a request, we will tell you why where the law allows and restore the gross amount to the account balance.

13.7 Conditions. We may delay or decline a payout while identity verification or tax information is outstanding, while a chargeback or payment dispute is open on your account, during an investigation under Section 17, or if paying you would break the law.

13.8 Errors. If we pay you more than you were owed because of a system, data, or calculation error, you must repay the excess within 30 days of our request, and we may deduct it from future payouts.

14. Nature of payouts and taxes

14.1 Payouts are performance-based compensation paid by Lenium for your participation in the program under these Terms. They are not a return on any investment, a share of any fund, wages, or proceeds of trading your own money.

14.2 You take part as an independent contractor, not as an employee, partner, agent, or representative of Lenium. You have no authority to bind Lenium.

14.3 You are responsible for all taxes on payouts. We will issue tax forms (for example, IRS Form 1099) where the law requires and may withhold amounts the law requires us to withhold.

15. Prohibited Practices

The following are "Prohibited Practices". They apply to evaluation and funded accounts alike.

1. Exploiting data or system errors: trading on prices you know or should know are stale, delayed, wrong, or not available on the Exchange; exploiting latency, glitches, bugs, settlement errors, or any gap between our prices and the Exchange's.
2. Hedging and coordination: holding opposite or offsetting positions across your own accounts or with other people; trading in coordination with others to pass evaluations or earn payouts; copy trading, group signals, or shared strategies run across many accounts. For example, buying YES on a market in one of your accounts and NO on the same market, or YES on a different outcome of the same event, in another of your accounts. To prevent this, all of your positions in one event (every market that shares an event, such as every candidate in one election or every strike of one data release) must stay in one account, and orders that would break this rule are refused.
3. Account abuse: letting anyone else trade your account; trading for someone else; using more than one user account; using false, borrowed, or synthetic identities; account-passing or "challenge passing" services.
4. Insider and manipulative trading: trading on material non-public information; trading any market whose outcome you can influence; any attempt to manipulate a market on the Exchange or elsewhere, including through trades placed outside Lenium.
5. Automation without permission: bots, scripts, scrapers, automated order entry, or high-frequency techniques, unless we have agreed in writing.
6. Gaming the Rules: any strategy whose purpose is to meet the Rules' wording while defeating their intent, such as splitting one position into many markets to avoid the consistency rule, or placing all-or-nothing positions timed to the end of a window.
7. Location and identity evasion: VPNs, proxies, emulators, or false information used to avoid eligibility rules.
8. Interference: attacking, overloading, reverse engineering, or probing the Service; accessing data or accounts that are not yours; introducing malicious code.
9. Abuse of people: harassing, threatening, or defrauding Lenium staff, other users, or affiliates.

16. Market data, pricing errors and settlement

16.1 Prices, markets, and outcomes come from the Exchange's publicly available data. We do not control that data and do not guarantee that it is accurate, complete, timely, or continuously available.

16.2 We may correct, reprice, or cancel any simulated trade that filled at a price that was clearly wrong, stale, or not available on the Exchange at that time, or that filled during a data outage or after a market closed. We may also cancel trades in any market the Exchange halts, voids, or removes.

16.3 Positions settle at 100 cents per contract for the winning outcome and 0 cents otherwise, following the Exchange's official determination. If the Exchange voids a market, positions in it are closed at their entry price with no profit or loss. If the Exchange changes an outcome after settlement, we may re-settle affected positions and adjust balances, except that we will not reclaim payouts already approved unless Section 13.8 or Section 17 applies.

17. Monitoring, investigations and enforcement

17.1 We monitor trading and account activity to enforce these Terms. You must answer our reasonable questions and provide information we request within 7 days.

17.2 If we reasonably believe you have committed a Prohibited Practice or materially breached these Terms, we may do one or more of the following: warn you; cancel or adjust the trades involved; reset or remove the profit connected to them; suspend or close any or all of your accounts; hold or decline pending payouts; refuse future purchases; prevent the identity, phone number and payment cards connected to a closed account from being used on any other account; and report the matter to the Exchange, law enforcement, or a regulator where appropriate. While we review an account we may put it on hold, which pauses purchases, new orders and payouts.

17.3 If an account is closed for a Prohibited Practice or material breach, fees paid are not refunded, unpaid profit and pending payouts are forfeited, and you must repay any payout obtained through the breach within 30 days of our written request. We may deduct such amounts from anything we owe you.

17.4 Our decision will be made in good faith based on the information available to us. You may ask us to reconsider by writing to support@lenium.capital within 30 days, and Section 27 applies to any remaining dispute.

18. Affiliate program

18.1 This Section applies if we accept you as an affiliate. Affiliates receive a personal referral code. The code records who referred a customer; it does not change the price the customer pays.

18.2 Commission. You earn 20% of the evaluation fee a referred customer actually pays on that customer's first-ever Lenium purchase. You earn nothing on resets, add-ons, later purchases, your own purchases, or purchases by people in your household. Commission is reversed if the purchase is refunded or charged back. Commissions are paid monthly (by the 15th) once your unpaid balance is at least $50, after you provide tax information.

18.3 Rules for promoting Lenium. You must clearly disclose your affiliate relationship in every promotion, as required by the Federal Trade Commission's Endorsement Guides. You must not: claim or imply guaranteed income, typical earnings, or pass rates that we have not published; describe Lenium as regulated, as a broker, or as trading real money in evaluations; use Lenium's name or trademarks in paid search ads or domain names; send spam or unsolicited texts or calls; or target anyone under 18 or in a Restricted Jurisdiction.

18.4 We may change commission terms for future purchases, and may end any affiliate relationship at any time. Commission earned through a breach of this Section is forfeited.

19. Closing your account

19.1 You may close your user account at any time by writing to support@lenium.capital. Closing ends all your evaluation and funded accounts. Any payout you were eligible to request before closure will be paid if you request it within 30 days of closure and meet Section 13; fees are refunded only as the Refund and Cancellation Policy allows.

19.2 An evaluation that ends without a pass, and a funded account that ends under Section 12.3, cannot be reopened except by buying a reset where one is offered.

20. Intellectual property and your licence

20.1 The Service, including its software, design, text, graphics, logos, the name "Lenium", and all data we generate, belongs to Lenium or its licensors and is protected by intellectual-property laws.

20.2 We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose under these Terms. You must not copy, resell, frame, scrape, or build a competing product from any part of the Service, or remove any proprietary notice.

20.3 Market data shown on the Service belongs to the Exchange or its licensors and is shown under their terms. You must not extract or redistribute it through the Service.

21. Feedback, publicity and public reports

21.1 If you send us ideas or feedback, we may use them without any obligation to you.

21.2 We publish aggregate program statistics, such as total payouts, number of traders paid, pass rates, and payout times. These never identify you.

21.3 We will show your name, image, username, or individual results publicly (for example, on a leaderboard or in a payout announcement) only if you opt in. You can withdraw your opt-in at any time for future use.

22. Third-party services

22.1 The Service relies on third parties, including the Exchange (market data), Google (sign-in), [PAYMENT PROCESSOR] (payments), [IDENTITY VERIFICATION PROVIDER] (identity verification), and our hosting and database providers. Their services are governed by their own terms, and we are not responsible for them.

22.2 Links to third-party sites are for convenience only and are not endorsements.

23. Communications and electronic signatures

23.1 You agree that we may send you notices, disclosures, receipts, and tax forms electronically, by email to the address on your account or by posting them in your dashboard, and that these satisfy any legal requirement that they be in writing.

23.2 You agree to transact electronically. Ticking a box, clicking to accept, or completing a purchase is your electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act. You may request a paper copy of any required notice at legal@lenium.capital.

23.3 We will send marketing emails only as the law allows, and every marketing email will include a way to unsubscribe. Service messages (security, account, payout and legal notices) are not marketing and cannot be turned off while you have an account.

24. Disclaimers

24.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, LENIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

24.2 WE DO NOT PROMISE THAT YOU WILL PASS ANY EVALUATION, RECEIVE A FUNDED ACCOUNT, OR EARN ANY PAYOUT. SIMULATED RESULTS DO NOT PREDICT REAL TRADING RESULTS. PLEASE READ THE RISK AND SIMULATED PERFORMANCE DISCLOSURE.

24.3 WE DO NOT WARRANT THE ACCURACY, TIMELINESS, OR AVAILABILITY OF ANY MARKET DATA, WHICH COMES FROM THIRD PARTIES.

24.4 Some jurisdictions do not allow some of these disclaimers, so some may not apply to you. Nothing in these Terms limits rights you have under law that cannot be waived.

25. Limitation of liability

25.1 TO THE FULLEST EXTENT THE LAW ALLOWS, LENIUM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST PAYOUTS, LOST OPPORTUNITIES, LOST DATA, OR TRADING LOSSES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

25.2 TO THE FULLEST EXTENT THE LAW ALLOWS, LENIUM'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID TO LENIUM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, PLUS ANY APPROVED PAYOUT THAT WE HAVE NOT PAID, OR (B) US $100.

25.3 These limits do not apply to liability that cannot be limited by law, including for fraud or for death or personal injury caused by negligence, and do not limit our obligation to pay approved payouts.

26. Indemnification

You will defend, indemnify, and hold harmless Lenium and its officers, directors, employees, contractors, and agents from any claims, losses, liabilities, fines, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your breach of these Terms or the Rules; (b) your violation of any law or third-party right; (c) any Prohibited Practice; or (d) your promotion of Lenium as an affiliate. We may take control of the defence of any such claim, and you will cooperate with us.

27. Dispute resolution and binding arbitration

Please read this Section carefully. It affects your legal rights.

27.1 Talk to us first. Before starting any formal proceeding, you and Lenium each agree to send the other a written notice describing the dispute and the relief sought (to us at legal@lenium.capital; to you at your account email), and to try in good faith to resolve it informally for 60 days. Time limits for bringing a claim are paused during those 60 days.

27.2 Arbitration. Any dispute, claim, or controversy between you and Lenium arising out of or relating to these Terms, the Rules, or the Service, including their formation, validity, and scope, will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its consumer arbitration rules then in effect. The Federal Arbitration Act governs this Section. The arbitrator, not a court, decides questions of arbitrability, except as stated in Section 27.5.

27.3 Where and how. Arbitration may be conducted by video, telephone, or written submissions, or in person in the U.S. county where you live or another place we agree. Lenium will pay filing, administration, and arbitrator fees above the amount you would pay to file in court, unless the arbitrator finds your claim frivolous. Each side pays its own attorneys' fees unless the law or the arbitrator's award provides otherwise.

27.4 Exceptions. Either side may bring an individual claim in small-claims court if it qualifies and stays there. Either side may ask a court to stop infringement or misuse of intellectual property or unauthorised access to the Service.

27.5 No class actions. You and Lenium each agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may award relief only to the individual party and only to the extent needed for that party's claim. If this Section 27.5 is found unenforceable for any claim, that claim must be decided by a court, after any arbitrable claims are arbitrated, and this Section is otherwise unaffected.

27.6 Many similar claims. If 25 or more similar arbitration demands are filed against Lenium by or with the help of the same law firm or organisation, they will be administered in batches of up to 25 under the provider's mass-arbitration procedures, and you and Lenium agree to cooperate in good faith to resolve them efficiently.

27.7 Jury waiver. If any claim proceeds in court rather than arbitration, you and Lenium each waive the right to a jury trial to the extent the law allows.

27.8 Your right to opt out. You may opt out of this Section 27 by emailing legal@lenium.capital within 30 days of first accepting these Terms, with your name, account email, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

27.9 Changes. If we make a material change to this Section 27, it will not apply to any claim you have already notified us of, and you may reject the change by emailing legal@lenium.capital within 30 days of it taking effect.

28. Governing law and venue

These Terms are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to Section 27, the state and federal courts located in Delaware have exclusive jurisdiction, and you and Lenium consent to their personal jurisdiction. This does not deprive you of the protection of mandatory consumer-protection laws of the state where you live.

29. Changes to these Terms and the Service

29.1 We may change these Terms. We will post the updated Terms with a new version number and effective date. For a material change, we will give you at least 14 days' notice by email or in the dashboard before it takes effect, except where a change is required sooner by law or to stop fraud or abuse.

29.2 Changes do not reach back in time: they do not change purchases already made, payouts already approved, or, except as Section 9.3 allows, the Rules version stamped on your accounts. If you do not agree to a change, you may stop using the Service and close your account under Section 19. You will be asked to accept the current version at your next purchase or funded action.

29.3 We may change, suspend, or discontinue any part of the Service. If we discontinue evaluations or funded accounts entirely, we will give at least 30 days' notice, refund the fee for any evaluation you bought and have not started, and pay any payout you are eligible to request before the closure date.

30. Suspension and termination

30.1 We may suspend or terminate your access to all or part of the Service at any time if you breach these Terms, if we must do so to comply with law or a regulator's request, if continuing would expose Lenium or others to legal or security risk, or for any other lawful reason with notice.

30.2 Sections 3, 13.3, 13.8, 14, 17, 20, 24 to 28, and 31, and any accrued payment obligations, survive termination.

31. General terms

31.1 Entire agreement. These Terms, with the documents listed in Section 1.3, are the entire agreement between you and Lenium about the Service and replace any earlier agreement.

31.2 Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent possible, and the rest remains in effect.

31.3 No waiver. Our failure to enforce any provision is not a waiver of it.

31.4 Assignment. You may not assign or transfer these Terms or any account. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of assets, or to an affiliate.

31.5 Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of the Exchange or other data providers, internet or hosting failures, cyber-attacks, government action, war, natural disasters, and strikes.

31.6 Sanctions and export. You must comply with all U.S. sanctions and export-control laws in using the Service.

31.7 Notices to us. Legal notices to Lenium must be sent to legal@lenium.capital and to 251 Little Falls Drive, Wilmington, DE 19808.

31.8 Language and headings. These Terms are written in English, which controls over any translation. Headings are for convenience only. "Including" means "including without limitation".

32. Contact

Lenium, Inc. · 251 Little Falls Drive, Wilmington, DE 19808 · Support: support@lenium.capital · Legal: legal@lenium.capital