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, our Privacy Policy, and our Trader Program Agreement (for program participants), all of which are 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 Availability

Our Services are ONLY available to residents or nationals of the following countries and territories:

If you are NOT located in, under the control of, or a national or resident of one 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 Overview of Program Structure

SurgeOptions offers a proprietary trading evaluation and funding program with the following key components:

• Evaluation Accounts: Demonstrate trading skill through simulated trading to qualify for funded accounts
• Instant Funding Accounts: Bypass evaluation by paying an upfront fee
• Funded Accounts: Trade with SurgeOptions capital after passing evaluation
• Live Accounts: Trade real capital with an 80/20 profit split after meeting funded account requirements

4.2 Key Program Rules

Your participation is subject to compliance with Program Rules as detailed in the Trader Program Agreement, including but not limited to:

• Profit targets and performance objectives
• Minimum winning day requirements
• 4% real-time trailing drawdown limit (monitored continuously during trading hours)
• Position holding and expiring positions rules
• Payout eligibility criteria and processing times (3-5 business days)

Complete Program Rules are published on the SurgeOptions website, in your Dashboard, and in the Trader Program Agreement.

4.3 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. Your continued participation constitutes acceptance of updated rules.

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 (80% Trader / 20% Firm)
• Minimum payout thresholds
• Payout frequency limitations
• Winning day requirements (minimum 7 winning days with positive net realized P&L each)
• Compliance reviews
• Processing time: All payout requests take 3-5 business days to process

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).

6.6 Subscription Billing

Each trading account is billed on a recurring subscription basis. A single subscription covers the full lifecycle of a trading account, including both the evaluation phase and the funded phase. When you pass your evaluation and activate a funded account, this is a continuation of the same trading account and subscription—not a new subscription.

Billing for each active trading account continues until:

• You successfully transition to a live trading account ("Go Live")
• You cancel the subscription for that trading account
• The trading account is terminated by SurgeOptions

Important: Activating a funded account (transitioning from evaluation to funded phase) does NOT cancel your subscription.

6.7 Subscription Cancellation

You may cancel your subscription at any time by contacting support@surgeoptions.com. Please note:

• Canceling a subscription will result in the immediate closure of the associated trading account
• You will lose access to the trading account and all trading data upon cancellation
• No refunds will be provided for any unused portion of the billing period
• Any pending payouts may be forfeited upon cancellation, subject to review

7. INTELLECTUAL PROPERTY RIGHTS

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.

8. RISK DISCLOSURE AND DISCLAIMERS

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

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SurgeOptions and its affiliates shall NOT be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages.

Our aggregate liability shall not exceed the greater of: (1) Total fees paid by you in the three (3) months preceding the claim; or (2) One thousand U.S. dollars ($1,000).

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SurgeOptions and its affiliates from all claims, liabilities, damages, losses, costs, and expenses arising from your use of the Services, your trading activity, your breach of these Terms, or your violation of any applicable law.

11. TERM AND TERMINATION

We may suspend or terminate your access at any time, with or without cause. Upon termination, you must immediately cease all use of the Services. All licenses granted to you terminate. We may process final payouts subject to review.

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

12. DISPUTE RESOLUTION

These Terms shall be governed by the laws of the State of Wyoming, United States. Any dispute shall be resolved exclusively by binding arbitration administered by the American Arbitration Association in Sheridan, Wyoming.

CLASS ACTION WAIVER: Disputes will be resolved only on an individual basis and not in a class, consolidated, or representative action.

13. GENERAL PROVISIONS

These Terms, together with our Privacy Policy, Trader Program Agreement, and Program Rules, constitute the entire agreement between you and SurgeOptions.

We may assign these Terms to an affiliate or successor. If any provision is held invalid, the remaining provisions continue in full force.

14. CONTACT INFORMATION

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

15. ACKNOWLEDGMENT

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.