Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to SurgeOptions ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the SurgeOptions website, platform, applications, and services (collectively, the "Services"). By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.

1.1 Eligibility

To use our Services, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher)
• Have the legal capacity to enter into a binding agreement
• Not be barred from using the Services under applicable law
• Not be located in, under the control of, or a national or resident of any country subject to United States embargo or sanctions
• Provide accurate, current, and complete information during registration

1.2 Geographic Restrictions

Our Services are NOT available to residents or nationals of the following countries and territories:

Africa:

Algeria, Angola, Botswana, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, Comoros, Cote d'Ivoire (Ivory Coast), Democratic Republic of the Congo, Equatorial Guinea, Eritrea, Ethiopia, Ghana, Guinea, Kenya, Liberia, Libya, Mali, Mauritania, Morocco, Mozambique, Namibia, Niger, Nigeria, Sao Tome & Principe, Senegal, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Tanzania, Uganda, Western Sahara, Zaire, Zimbabwe.

Asia:

Afghanistan, Anjouan, Cambodia, Iran, Iraq, Jordan, Lao People's Democratic Republic, Lebanon, Myanmar (Burma), North Korea (Democratic People's Republic of Korea), Pakistan, Palestinian Territory, Sri Lanka, Syria, Tajikistan, Turkey, Turkmenistan, Vietnam, Yemen.

Europe:

Albania, Balkans (Croatia, Kosovo, and Macedonia), Belarus, Bosnia & Herzegovina, Bulgaria, Gibraltar, Latvia, Malta, Monaco, Russia, Ukraine.

North America:

Barbados, British Virgin Islands, Cayman Islands, Cuba, Haiti, Montserrat, Nicaragua, Panama.

South America:

Bolivia, Guyana, Venezuela.

Oceania:

Mauritius, Vanuatu.

If you are located in, under the control of, or a national or resident of any of the above countries, you are prohibited from using our Services.

1.3 Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting updated Terms with a new "Last Updated" date. Your continued use of the Services after modifications constitutes acceptance of the updated Terms.

2. DESCRIPTION OF SERVICES

2.1 Platform Overview

SurgeOptions operates a proprietary trading evaluation and funding program (the "Program") that enables qualified traders to:

• Demonstrate trading abilities through simulated or paper-trading evaluation accounts ("Evaluation Accounts")
• Upon meeting specified criteria, trade options with capital funded by or on behalf of SurgeOptions ("Funded Accounts" or "Live Accounts")

The Services may include: trading evaluation programs, instant funding products, educational resources, performance tracking tools, and payout processing systems.

2.2 Nature of Relationship

You acknowledge and agree that:

• You are an independent contractor, not an employee, partner, agent, or representative of SurgeOptions
• Nothing in these Terms creates an employer-employee relationship, partnership, or joint venture
• SurgeOptions is not acting as your broker, financial advisor, investment advisor, or fiduciary
• SurgeOptions does not execute trades on your personal brokerage account
• Any trading under the Program is conducted in accounts controlled by SurgeOptions or its affiliates

2.3 Execution Partners

Execution and clearing for Program accounts may be provided by third-party brokers, dealers, clearing firms, or technology providers ("Execution Partners"). Your use of the Services may be subject to Execution Partners' terms and conditions.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To access certain features, you must create an account by providing accurate, complete, and current information. You agree to:

• Provide truthful information during registration
• Promptly update information if it changes
• Maintain the security and confidentiality of your account credentials
• Immediately notify us of any unauthorized access or security breach
• Accept responsibility for all activities under your account

3.2 Identity Verification (KYC/AML)

We may require identity verification through Know Your Customer ("KYC") and Anti-Money Laundering ("AML") procedures. You agree to provide requested documentation, including:

• Government-issued identification
• Proof of address
• Source of funds documentation
• Tax identification information

Failure to complete verification may result in account limitations, suspension, or termination.

3.3 Account Security

You are solely responsible for safeguarding your account credentials. You must not share account access with any third party or use another person's account without authorization. We are not liable for losses arising from unauthorized access due to your failure to maintain adequate security.

4. PROGRAM RULES AND TRADING PARAMETERS

4.1 Program Rules

Your participation is subject to compliance with all applicable Program Rules, including:

• Profit targets ($2,500 for Evaluation, $2,000 for Instant Funded to go live)
• Minimum winning day requirements ($150+ per winning day)
• 4% EOD trailing drawdown (locks at $52,000)
• All positions must be closed by 4:00 PM ET daily
• Swing trading and overnight holding are allowed
• Payout criteria

Program Rules are published on the SurgeOptions website, Dashboard, or Program documentation.

4.2 Evaluation Accounts

Evaluation Accounts are typically subscription-based and allow you to demonstrate trading skills through simulated trading. To pass an Evaluation Account and become eligible for a Funded Account, you must:

• Reach or exceed the profit target ($2,500 for 50K Evaluation)
• Close all open positions - you cannot pass with open trades
• Not have broken any trading rules - including staying above the drawdown limit and closing positions by 4:00 PM ET

SurgeOptions' calculations and determinations are final and binding.

4.3 Funded Accounts

Upon successful evaluation completion and payment of applicable activation fees, you may access a Funded Account subject to:

• Payout caps and profit split arrangements
• Risk parameters
• Ongoing compliance requirements

4.4 Instant Funding Accounts

Instant Funding Accounts allow you to bypass standard evaluation upon payment of a specified fee. These accounts remain fully subject to all Terms and Program Rules.

4.5 Program Modifications

SurgeOptions reserves the right to modify Program Rules, parameters, pricing, and structures at any time, with or without notice. Changes become effective when posted.

5. PROHIBITED CONDUCT

5.1 Prohibited Trading Activities

You agree NOT to engage in:

• Latency arbitrage, quote stuffing, or strategies exploiting delays, data errors, or technology glitches
• Collusive or coordinated trading to manipulate prices or game the Program
• Using external accounts to hedge, offset, or create risk-free arbitrage
• High-frequency or algorithmic trading that overloads trading infrastructure
• Exploiting bugs, errors, or vulnerabilities in the platform
• Trading that SurgeOptions deems unrealistic, abusive, or inconsistent with real-world market conditions

5.2 Prohibited Account Activities

You agree NOT to:

• Share your account or allow others to trade on your behalf
• Use stolen identities, forged documents, or false information
• Create multiple accounts to circumvent rules or limits
• Engage in money laundering, fraud, or other illegal activities
• Violate applicable laws, regulations, or third-party agreements
• Assist or encourage others in prohibited conduct

5.3 Consequences of Violations

If SurgeOptions determines you have violated any Terms or engaged in prohibited conduct, we may:

• Void some or all trades
• Reduce, withhold, or cancel payouts
• Reset, suspend, or terminate your account
• Deny or revoke Funded Account status
• Permanently ban you from the Program
• Pursue legal remedies

Our determinations are final and binding.

6. FEES, PAYMENTS, AND PAYOUTS

6.1 Fee Structure

The Services may require payment of:

• Evaluation subscription fees
• Activation fees
• Instant funding fees
• Data fees
• Platform access fees

Current pricing is published on the SurgeOptions website and may be modified at any time. All fees are in U.S. dollars unless otherwise specified.

6.2 Refund Policy

ALL FEES PAID TO SURGEOPTIONS ARE NON-REFUNDABLE.

By making a purchase, you acknowledge and agree that all sales are final. No refunds, credits, or exchanges will be provided under any circumstances, including but not limited to: failure to pass evaluation, account termination for rule violations, change of mind, dissatisfaction with Services, or inability to use the Services. Promotional pricing applies only as stated and may be modified or withdrawn at any time.

6.3 Payout Eligibility and Processing

Subject to compliance with Terms and Program Rules, you may be eligible for a share of net trading profits. Payouts are subject to:

• Applicable profit split arrangements (e.g., 90% Trader / 10% Firm)
• Minimum payout thresholds
• Payout frequency limitations
• Winning day requirements
• Compliance reviews
• Funded Evaluation Accounts: Payouts are limited to 50% of the account balance, with a maximum of $2,000 per payout request
• Live Accounts: Payouts are unlimited; however, withdrawals may not reduce the account balance below the original starting balance
• Go Live Option: SurgeOptions reserves the right, at its sole discretion, to push traders to a live trading account with their payout balance instead of processing a cash payout. This means instead of receiving a cash withdrawal, your payout may be applied as capital in a live trading account.
• Account Limits: When exercising the Go Live Option, SurgeOptions reserves the right to close existing funded accounts or limit the number of funded accounts a trader may hold at any time. This includes, but is not limited to, consolidating multiple funded accounts into a single live account.

We may review account activity before processing any payout.

6.4 Chargebacks and Disputes

If you initiate any chargeback, reversal, or payment dispute, we may:

• Immediately suspend or terminate your accounts
• Offset disputed amounts from payouts or future payments
• Pursue recovery through collection or legal action
• Report to credit bureaus or fraud databases

We reserve the right to set off any amounts you owe against amounts we owe you.

6.5 Taxes

You are solely responsible for all taxes arising from payouts or compensation received. We may report payments as required by law and withhold taxes where legally required. You agree to provide requested tax documentation (W-9, W-8BEN, or equivalent).

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Our Intellectual Property

All intellectual property in the Services—including the SurgeOptions name, logo, trademarks, website content, Dashboard design, trading tools, algorithms, evaluation models, software, and documentation—is owned by SurgeOptions or its licensors. You receive only a limited, revocable, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

7.2 Restrictions on Use

You agree NOT to:

• Copy, modify, or create derivative works from our intellectual property
• Reverse engineer, decompile, or disassemble any software
• Remove proprietary notices or labels
• Use our trademarks without written permission
• Frame or mirror any part of the Services
• Use automated means to access the Services without consent

7.3 User Content

You retain ownership of content you submit. By submitting content, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, distribute, display, and create derivative works from such content for purposes related to the Services.

8. RISK DISCLOSURE AND DISCLAIMERS

8.1 Trading Risks

OPTIONS TRADING INVOLVES SUBSTANTIAL RISK OF LOSS AND IS NOT SUITABLE FOR ALL INVESTORS.

• Losses can exceed initial investments and may occur rapidly
• Before trading, carefully consider your investment objectives, experience, and risk appetite
• Only trade with money you can afford to lose
• Past performance is not indicative of future results

8.2 No Investment Advice

Nothing in the Services constitutes investment, legal, tax, or accounting advice. Any educational content is for general purposes only and does not constitute individualized recommendations. You are solely responsible for your trading decisions.

8.3 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses.

8.4 No Guarantee of Results

SurgeOptions makes no representation or warranty:

• That you will be approved for or maintain any Funded Account
• Regarding the profitability of any trading strategy
• That historical or hypothetical performance indicates future results
• That the Program will always be available in your jurisdiction

9. LIMITATION OF LIABILITY

9.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SurgeOptions and its affiliates, officers, directors, employees, agents, and licensors shall NOT be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses.

9.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, our aggregate liability shall not exceed the greater of:

• Total fees paid by you in the three (3) months preceding the claim; or
• One thousand U.S. dollars ($1,000)

9.3 Exclusions

We shall NOT be liable for:

• Market volatility, price gaps, slippage, or liquidity conditions
• Platform outages, connectivity issues, data feed errors, or order routing failures
• Acts or omissions of Execution Partners or third-party providers
• Losses or missed opportunities resulting from the foregoing
• Circumstances beyond our reasonable control

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SurgeOptions and its affiliates, officers, directors, employees, agents, and licensors from all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your trading activity in any Account
• Your breach of these Terms or Program Rules
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Any content you submit to the Services
• Any dispute between you and any third party

11. TERM AND TERMINATION

11.1 Term

These Terms are effective upon acceptance and continue until terminated by either party.

11.2 Termination by You

You may terminate by ceasing use of the Services, closing your accounts, and providing written notice. Termination does not entitle you to any refund.

11.3 Termination by Us

We may suspend or terminate your access at any time, with or without cause, including:

• Suspected or confirmed violation of Terms
• Suspected or confirmed prohibited conduct
• Failure to pay fees
• Failure to complete identity verification
• Legal, regulatory, or risk considerations
• Discontinuation of Services

11.4 Effect of Termination

Upon termination:

• You must immediately cease all use of the Services
• All licenses granted to you terminate
• We may delete your account data after a reasonable retention period
• We may process final payouts subject to review and potential offsets

Surviving Sections: Fees and Payments, Intellectual Property, Risk Disclosure, Limitation of Liability, Indemnification, and Dispute Resolution survive termination.

12. DISPUTE RESOLUTION

12.1 Governing Law

These Terms shall be governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles.

12.2 Binding Arbitration

Any dispute arising from these Terms or the Services shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration shall be conducted by a single arbitrator in Sheridan, Wyoming. The arbitrator's decision is final and binding.

12.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

12.4 Exceptions

Either party may seek injunctive or equitable relief in court to prevent infringement of intellectual property rights or confidential information.

13. GENERAL PROVISIONS

13.1 Entire Agreement

These Terms, together with the Privacy Policy and Program Rules, constitute the entire agreement and supersede all prior understandings.

13.2 Assignment

You may not assign these Terms without our written consent. We may assign to an affiliate or successor without your consent.

13.3 Severability

If any provision is held invalid, the remaining provisions continue in full force.

13.4 Waiver

Our failure to enforce any provision is not a waiver. Any waiver must be written and signed.

13.5 Notices

We may provide notices through your email, the Dashboard, or our website. You may provide notices at our contact information.

13.6 Force Majeure

We are not liable for failures due to circumstances beyond our control, including acts of God, war, terrorism, government actions, labor disputes, or infrastructure failures.

13.7 Electronic Communications

You agree that electronic signatures and records have the same force as manual signatures and paper records.

13.8 Relationship of Parties

Nothing creates any agency, partnership, joint venture, or employment relationship.

13.9 Third-Party Beneficiaries

There are no third-party beneficiaries except our affiliates, officers, directors, employees, and agents regarding indemnification and liability provisions.

14. CONTACT INFORMATION

If you have questions about these Terms, contact us at: