Smart Money Terms and Conditions
This website is operated by Smart Money Investments S.L. ("Smart Money"). Throughout the site, the terms “we”, “us” and “our” refer to "Smart Money". "Smart Money" offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1 – Website
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependants to use this site.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 – General Condition
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree to use your real name and information when singing up to the "Smart Money" platform for the purposes of account validation. Failure to do so can result in having access to the "Smart Money" platform revoked and/or the termination of your subscription or one off payment without refund. This is a security control to prevent unauthorized access for the malicious purposes/intent. This also includes account sharing; which is strictly prohibited and failure to comply will result in the immediate removal from the "Smart Money" platform and a permanent ban with no refund or notice.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You agree that you do not own or run any kind of trading community or group, offer/are involved in premium services (such as coaching, masterclasses, bootcamps, webinars or the sale of trading related resources), provide signals or are a facilitator or share responsibility in another trading community or group. This condition is in place to safe guard our platform and community from external sales or client poaching. Failure to comply with this term will result in the immediate removal from the "Smart Money" platform and a permanent ban with no refund or notice.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 – Cancellation and Accuracy of Billing & Account Information
All "Smart Money" subscription plans continue on a recurring basis relevant to the subscription period until cancelled (i.e. the monthly subscription recurs every month). By subscribing to one of the available plans, you therefore consent to the auto-renewal and payment of your subscription.
To use the "Smart Money" platform you must have Internet access and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party.
Unless you cancel your subscription before your billing date for recurring subscriptions, you authorize us to charge your next subscription fee to your Payment Method (see “Cancellation” below). Failure to cancel your subscription prior to it’s renewal will extend your subscription and no refund will be granted.
We may offer a number of subscription plans, including special promotional plans or subscriptions offered by third parties in conjunction with the provision of their own products and services. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
3.1. Billing Cycle.
The subscription fee for the "Smart Money" platform and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a recurring basis relevant to the subscription period to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month.
The 3 (three) installments payment plan for “Lifetime Membership” consists of 3 (three) consecutive monthly payments paid the first 3 (three) months since purchased.
3.2. Payment Methods.
To use the "Smart Money" platform, you must provide one or more Payment Methods. You can update your Payment details by going to the “Me” option, selecting “Account” and selecting “Edit” below “PAYMENT METHOD”.
We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee.
You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
You can cancel your "Smart Money" Trading subscription at any time, and you will continue to have access to the "Smart Money" platform through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription periods or un-watched "Smart Money" content.
To cancel, go to the “Me” option, selecting “Account” and selecting “Cancel” below “MANAGE SUBSCRIPTION”.. If you cancel your subscription, your account will automatically close at the end of your current billing period.
3.4. Changes to the Price and Subscription Plans.
We may change our subscription plans and the price of our service from time to time; however, your subscription price will never increase unless you cancel and re-subscribe to the "Smart Money" platform at a later date.
3.5. Refusal of Service.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
3.6. Maintaining your Payment Details.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 4 – Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site or through the provision of Services provided by us is not accurate, complete or current. The material on this site and the Services provided by us are for general information, educational and entertainment purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Futures, options and spot currency trading have large potential rewards but also large potential risk. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 5 – Modifications to the Service and Prices
Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 6 – Products of Services
Certain products or services may be available exclusively online through the website. We have made every effort to display as accurately as possible the service which we offer.We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.6.1. Discord CommunityPart of the "Smart Money" Platform includes access to our Discord community. Access to this community may be terminated at any point if deemed that any rules or guidelines have been broken. The Discord rules and guidelines can be accessed in the info and rules channel inside of Discord as well as in the content dashboard.By agreeing to the Terms of Service, you are also agreeing to abide by the Discord rules and guidelines as outlined in Discord as well as within your content dashboard.6.2 $10,000 Trial Challenge.In the “Lifetime Membership”, every 30 days, you will be given the possibility to pass a 10k Trial Challenge from the prop firm "The Funded Trader." If you pass the challenge, respecting the conditions set by “The Funded Trader” they will give you access to a Real $10,000 Challenge.You must pay a $5 USD administrative fee for every new trial attempt.The “$10,000 Trial Challenge” availability is subject to a temporally indefinite agreement Between Smart Money and The Funded Trader. The “$10,000 Trial Challenge” will last until this agreement is terminated.We shall have no liability whatsoever arising from or relating to your use of the “$10,000 Trial Challenge”.Any use by you is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms that “The Funded Trader” provides on their website and services.
Section 7 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 – Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site or inside of the Discord community may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 – User Comments, Feedback, Testimonials, and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, testimonials or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 – Personal Information
Section 11 – Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.By viewing any material or using the information within this site, you agree that it is general educational material and you will not hold anybody responsible for loss or damages resulting from the content provided here by "Smart Money" or any of its staff or employees. Futures, options and spot currency trading have large potential rewards but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures, options or currency markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to buy/sell futures, options or currencies. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website or in any of its material. The past performances of any trading system or methodology is not necessarily indicative of future results.In no case shall "Smart Money", team members, coaches, support team, affiliates, partners, contractors, subcontractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 – Indemnification
You agree to indemnify, defend and hold harmless "Smart Money" and team members, coaches, support team, affiliates, partners, contractors, subcontractors, interns, suppliers, service providers or licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 – Refund
All payments tendered to Smart Money are nonrefundable with exceptions made by Smart Money.
Section 18 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 19 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 20 – Contact Information
By clicking I have read and agree to the terms and conditions as follows & by joining the "Smart Money" Trading Community you agree and acknowledge that once payment has been completed you receive access to all of the "Smart Money" services and resources and forfeit the right to dispute any charges.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.