Qualification Terms of Service

1. DEFINITIONS AND INTERPRETATION

In these Terms, unless the context otherwise requires, the following words and expressions shall have the following meanings. Terms defined in the GTC or Legal Disclosures shall bear the same meaning when used herein unless otherwise defined.

Additional definitions are set out in Section 3 of the General Terms & Conditions and Section 3 of the Legal Disclosures.

2. ACCEPTANCE OF TERMS AND GOVERNING DOCUMENTS

2.1 By purchasing, accessing, registering for, or participating in any Qualification Program, you acknowledge that you have read, understood and agree to be bound by these Terms, the GTC, the Legal Disclosures, the Privacy Policy, the Risk Disclosure Statement and all Qualification Rules published on the Website, as amended from time to time.

2.2 If you do not agree to any provision of these Terms or the Governing Documents, you must not purchase or participate in any Qualification Program.

2.3 These Terms constitute a binding contract between you and Hitomorrow Assessment Data Classification and Analysis L.L.C. Continued participation after any amendment constitutes acceptance of the amended Terms.

3. NATURE AND PURPOSE OF THE QUALIFICATION PROGRAM

3.1 The Qualification Programs are structured assessment mechanisms designed to evaluate participants’ trading skill, discipline, consistency, risk management and decision-making quality under simulated market conditions using real-time data feeds from US equity exchanges (NYSE, NASDAQ and AMEX).

3.2 The Qualification Program is an assessment process only. It is not a competition, does not confer any prize, title or ranking with monetary value, and does not create any right, entitlement or legitimate expectation to receive real firm capital, a funded account, profit share, compensation, employment or any ongoing commercial relationship with hi2morrow or any group entity.

3.3 All trading activity within a Qualification Program occurs in a simulated environment. Market data is real-time, but all positions, profit and loss, Equity and Buying Power are notional. No actual securities or other financial instruments are bought, sold or otherwise dealt in, and no real market or counterparty risk is assumed by the participant or by hi2morrow.

3.4 Fees paid for a Qualification Program are consideration solely for access to the assessment infrastructure, technology platform, real-time data feeds, analytics tools, evaluation processes and related services. Fees do not constitute payment for real trading capital, any guarantee of future opportunities, or any results-based compensation.

Further detail on the distinction between the Qualification Phase and any potential real capital phase is set out in Section 5 of the Legal Disclosures and Section 16 of the General Terms & Conditions.

4. ELIGIBILITY AND REGISTRATION

4.1 To be eligible to participate in any Qualification Program you must:

• be at least eighteen (18) years of age or the age of legal majority in your jurisdiction of residence, whichever is higher;
• provide accurate, complete and truthful information during registration and throughout the Program;
• not be resident in, or a national of, any Restricted Jurisdiction as defined in the GTC;
• not be subject to any sanctions, embargoes or restrictions imposed by the United Nations, European Union, United States OFAC, or any other relevant authority that would prohibit your participation;
• not have been convicted of any offence involving fraud, financial crime, dishonesty or terrorism; and
• comply with all applicable laws and regulations in your jurisdiction.

4.2 hi2morrow reserves the right, at its sole discretion, to refuse registration, suspend or terminate access, or disqualify any participant at any time if eligibility requirements are not met or if false, incomplete or misleading information is provided. No refund shall be due in such circumstances.

See also GTC Section 4.3 (Restricted Jurisdictions) and Section 12 (Enhanced Due Diligence).

5. QUALIFICATION PROGRAM RULES AND REQUIREMENTS

5.1 Participants must comply strictly with all rules published on the Website and in Program documentation for the specific tier purchased. The rules set out below are fundamental terms. Breach may result in immediate failure of the Qualification Program, removal of trades from performance calculations, or termination of access without refund.

5.2 Trading Hours and Position Management

5.3 Daily Loss Limit and Risk Management

You must not exceed the Daily Loss Limit applicable to your Program tier. Reaching or exceeding the Daily Loss Limit may result in immediate trading restrictions for the remainder of the Calendar Day and may be treated as a material breach. Holding losing positions in a manner inconsistent with prudent risk management may be taken into account in the overall evaluation and may negatively affect qualification outcome.

5.4 Position Sizing and Concentration

No single position (or aggregated exposure in the same underlying instrument) may exceed fifty per cent (50%) of available Buying Power at the time the position is opened, or such other percentage as published for the specific tier. The maximum number of concurrent open positions permitted is as published for the tier. Breach constitutes a material violation.

5.5 30% Consistency Rule

The single largest daily net profit (after deduction of Virtual Commissions) recorded during the Qualification Program must not exceed thirty per cent (30%) of the Profit Target for the tier. Where the largest daily net profit exceeds this threshold:

• the results of that day may be excluded from the final performance calculation and the participant must continue trading until the Profit Target is achieved with the remaining days; or
• the participant must continue trading until cumulative net profit has increased such that the largest single-day net profit represents no more than thirty per cent (30%) of the final cumulative net profit achieved.

Failure to satisfy the 30% Consistency Rule, even if the nominal Profit Target is reached, shall result in failure of the Qualification Program. The purpose of this rule is to ensure that qualification demonstrates consistent, repeatable performance rather than reliance on isolated high-variance outcomes.

5.6 Maximum Drawdown

If Equity on the Qualification Account reaches or falls below the Maximum Drawdown limit (whether trailing or static) published for the tier, the Qualification Program shall be deemed failed automatically. The participant may be required to purchase a new qualification to restart.

5.7 Virtual Commissions and Fees

A Virtual Commission of USD 0.015 per share (or such other rate as published) is applied to every simulated trade. All performance calculations, Equity and P&L are stated net of Virtual Commissions. hi2morrow may adjust the Virtual Commission rate with reasonable notice; such adjustment shall not affect already purchased Qualifications.

5.8 Time Limits

Each Qualification Program has a maximum duration as published for the tier (for example, thirty (30) or ninety (90) Calendar Days). Failure to achieve the Profit Target within the applicable time limit results in automatic failure. Extensions are not granted except at hi2morrow’s sole discretion in exceptional circumstances.

Detailed tier-specific parameters (Profit Target, Daily Loss Limit, Maximum Drawdown, position limits, duration) are published on the Website and form part of these Terms by reference. It is your responsibility to review the current parameters before purchase.

6. SIMULATED ENVIRONMENT AND NO ENTITLEMENT TO REAL CAPITAL

6.1 Successful completion of a Qualification Program does not create any right, title, interest, entitlement or legitimate expectation to receive real firm capital, a funded trading account, profit share, signing bonus, compensation or any form of ongoing relationship with hi2morrow or any group entity.

6.2 Any allocation of real firm capital, if offered at all, is granted at the sole and absolute discretion of hi2morrow and the relevant group entity (typically Neoway Trading LTD) following separate Enhanced Due Diligence, execution of a written contractor, trader or employment agreement, and satisfaction of all applicable regulatory and fit-and-proper requirements. Such allocation and any subsequent live trading are governed exclusively by the terms of that separate agreement and not by these Terms.

See Legal Disclosures Section 4 and GTC Section 16 for full detail on the distinction between phases.

7. FEES, PAYMENT AND REFUND POLICY

7.1 All fees for Qualification Programs are non-cancellable and non-refundable once the Qualification Account has been activated or any trade has been placed, except to the extent required by mandatory consumer protection legislation in your jurisdiction of residence (including any applicable cooling-off or withdrawal rights).

7.2 Fees are payable in full before access is granted. Payment is deemed received only when cleared funds are credited to hi2morrow’s account.

7.3 hi2morrow reserves the right to change fees and Program parameters at any time; such changes shall not affect Qualifications already purchased.

7.4 Initiation of an unjustified chargeback or dispute may result in immediate termination of access, forfeiture of all progress and eligibility, and denial of future services at hi2morrow’s discretion.

See also GTC Section 9 (Payment Terms) and Section 10.6 (cooling-off rights where applicable).

8. PROHIBITED CONDUCT, RULE VIOLATIONS AND TERMINATION

8.1 The following conduct is strictly prohibited and constitutes a material breach of these Terms:

• Any violation of the rules set out in Section 5 or published on the Website;
• High-frequency trading, tick scalping, latency arbitrage, statistical arbitrage, spread arbitrage or any strategy designed to exploit platform, data feed or system inefficiencies;
• Martingale, grid, gambling-style or excessive leverage strategies;
• Copy trading, mirroring or reverse trading across multiple accounts or users;
• Use of VPN, VPS, datacentre or server infrastructure intended to circumvent detection, geolocation or rule enforcement;
• IP sharing, coordinated activity between accounts, or creation of multiple profiles by the same individual or connected persons;
• Any form of manipulation, abuse or conduct that undermines the integrity or fairness of the assessment process;
• Provision of false, misleading or incomplete information.

8.2 Upon breach or suspected breach, hi2morrow may, at its sole discretion and without prior notice or refund:

• declare the Qualification Program failed;
• remove or disregard violating trades from performance calculations;
• automatically close all positions;
• suspend or permanently terminate access to all Services and the Client Section;
• forfeit any eligibility, progress or results; and/or
• retain all fees paid.

8.3 hi2morrow’s determination as to whether conduct constitutes a prohibited practice or rule violation is final and binding.

See GTC Section 11 (Prohibited Practices) and Section 25 (Term and Termination).

9. DATA COLLECTION, MONITORING AND USAGE

9.1 By participating in a Qualification Program you consent to the collection, recording, monitoring, storage and analysis by hi2morrow (and its group entities) of all trading activity, order flow, behavioural patterns, journal entries, session data, device and IP information, and any other data generated during the Program.

9.2 Such data may be used for:

• evaluation of your performance, skill, discipline and risk management;
• improvement and validation of assessment methodologies;
• compliance, risk management and anti-abuse purposes;
• sharing with group entities (including Neoway Trading LTD and Hitomorrow Securities LTD) for the purpose of considering eligibility for real capital allocation programmes; and
• aggregated or anonymised analytics and product development.

9.3 You acknowledge that you have no right to compensation or remuneration in respect of any such use of data. All data generated remains the exclusive property of hi2morrow.

Processing of personal data is governed by the Privacy Policy and applicable data protection laws. See also GTC Section 18.

10. INTELLECTUAL PROPERTY AND LIMITED LICENCE

10.1 All platforms, data feeds, software, content, analytics, methodologies, trademarks and other materials provided in connection with the Qualification Programs remain the exclusive property of hi2morrow or its licensors.

10.2 You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Services solely for the purpose of completing the Qualification Program in which you are enrolled. No other rights are granted.

10.3 You shall not copy, modify, reverse engineer, create derivative works from, distribute, sublicense or commercially exploit any part of the Services or Content.

11. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

11.1 You represent and warrant that:

• you have full legal capacity and authority to enter into these Terms;
• all information provided by you is true, accurate and complete;
• you will comply with these Terms and all applicable laws;
• you will not use the Services for any unlawful purpose or in any manner that could damage, disable or impair the Services or the rights of others.

11.2 The Services and all Content are provided “as is” and “as available” without warranty of any kind, express or implied, except to the extent prohibited by mandatory law.

12. LIMITATION OF LIABILITY AND INDEMNITY

12.1 To the maximum extent permitted by applicable law, hi2morrow and its group entities, officers, directors, employees, agents and affiliates shall have no liability to you or any third party for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to loss of profits, revenue, data, opportunity, goodwill or anticipated savings, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, even if advised of the possibility of such damages.

12.2 Where liability is established by a competent court or authority, the aggregate liability of hi2morrow and all group entities combined in connection with these Terms or any Qualification Program shall not exceed the lower of (a) the total fees actually paid by you for the specific Qualification Program giving rise to the claim, or (b) EUR 10,000 (or equivalent in the currency of payment). This cap applies regardless of the number of claims or causes of action and constitutes your sole and exclusive remedy.

12.3 Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited by mandatory applicable law.

12.4 You agree to indemnify, defend and hold harmless hi2morrow and its group entities from and against all claims, actions, proceedings, losses, damages, expenses and costs (including reasonable legal fees) arising out of or in connection with your breach of these Terms, misuse of the Services, violation of applicable law, or any conduct during participation in a Qualification Program.

See also GTC Section 14 (Limitation of Liability) and Section 24 (Indemnity), and Legal Disclosures Section 11.

13. COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Any complaint regarding a Qualification Program should first be submitted in writing to support@hi2morrow.com. hi2morrow will acknowledge receipt within five (5) business days and aim to provide a substantive response within thirty (30) days.

13.2 If the complaint remains unresolved, you may escalate in accordance with the complaints procedure published on the Website and Section 23 of the GTC.

13.3 These Terms and any dispute arising out of or in connection with them or the Qualification Programs shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of laws principles. The courts of the Republic of Cyprus shall have exclusive jurisdiction, subject to any mandatory consumer protection rights available in your country of residence.

See GTC Section 28 (Governing Law & Jurisdiction) and Legal Disclosures Section 14.

14. AMENDMENTS, SEVERABILITY AND ENTIRE AGREEMENT

14.1 hi2morrow may amend these Terms at any time by publishing the updated version on the Website. Amendments shall be effective immediately upon publication or such later date as specified. Continued participation after the effective date constitutes acceptance of the amendments.

14.2 If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

14.3 These Terms, together with the other Governing Documents, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, representations and understandings, whether written or oral.

14.4 No failure or delay by hi2morrow in exercising any right under these Terms shall constitute a waiver of that right.

15. NOTICES AND CONTACT

15.1 All notices and communications from hi2morrow will be sent to the email address registered in your Client Section.

15.2 All notices from you to hi2morrow must be sent in writing to legal@hi2morrow.com or such other address as published on the Website.

15.3 For general support queries regarding Qualification Programs, contact support@hi2morrow.com.