RISK DISCLOSURE

Risk Disclosure

Plain Language Notice: Apex Trader Funding, Inc. (“Apex”) has made every effort to present this Risk Disclosure Statement in clear, understandable language. This Risk Disclosure Statement should be read together with the Apex User Agreement, Terms of Use, and Privacy Policy, which contain additional disclaimers, limitations of liability, and dispute resolution terms that govern your relationship with Apex. However, neither this Risk Disclosure Statement nor related documents (including the User Agreement, Privacy Policy, Terms of Use, Trading Rules, or FAQs) can fully detail all potential risks. By using Apex’s Services, you acknowledge and accept these risks.

Capitalized terms not defined herein shall have the same meaning as ascribed to in the User Agreement.

1. Regulatory Status and Jurisdiction

Apex is organized and operated in the United States. The Services offered are not directed at, or intended for, residents outside the United States, or for any person in a jurisdiction where such use would violate local laws or regulations. Non-United States users are responsible for complying with their own local laws. Accessing Apex Services in violation of local regulations is prohibited.

Apex is not a broker-dealer, futures commission merchant, investment advisor, or any similar financial institution. It is not regulated by financial regulatory authorities and does not offer investment opportunities or solicit funds for investment purposes.

2. Nature of Services

Apex provides access to a simulated trading environment through third-party platform operators intended solely for educational purposes and the evaluation of trading performance under predefined rules and criteria. Users pay a subscription fee or one-time fee for access to the Program and Services, but do not deposit or trade with real funds in the trading accounts themselves.

  • All trading conducted in Evaluation and Performance Accounts is simulated and does not involve real funds.
  • Users never deposit funds into any trading account and do not trade using their own capital.
  • Apex does not solicit or accept funds for investment purposes or trading in the live markets.
  • Participation does not guarantee access to a Live Market Proprietary Account, any Rewards, or continued use of the platform.
  • Performance Account Rewards are offered solely at Apex’s discretion, and any determination to grant or deny a Reward payout is final.
  • Simulations may not reflect real-world trading conditions, including liquidity, slippage, execution speed, or market volatility.

3. Trading Risks and Hypothetical Performance

Trading financial instruments such as futures, forex, and other derivatives involves significant risk and is not suitable for all participants. Trading in a live market may result in substantial losses. Even when participating through a simulated or proprietary account funded solely with Company capital, the nature of trading carries inherent risks and a high risk of loss. Performance in one environment does not guarantee similar results in another and past performance is not indicative of future results. Although no real money is used in simulated accounts, the trading activity reflects real market conditions and may result in perceived financial or emotional impacts. Users should approach all trading activities with caution and sound risk management practices, understanding that trading decisions may lead to significant losses, whether real or simulated. You are solely responsible for your trading decisions and outcomes.

HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SUBSTANTIAL DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.

ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, CANNOT ACCOUNT FOR EMOTIONAL OR PSYCHOLOGICAL FACTORS, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. BECAUSE THESE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THESE RESULTS MAY HAVE UNDER OR OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE BEING SHOWN. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.

4. Testimonials and Third-Party Content

Testimonials and Rewards payout examples may not be typical or indicative of future results. Testimonials reflect the experiences of individual users and may not be typical. These results were achieved in simulated environments and do not reflect live trading or real financial risk. There is no guarantee of similar results. Success in trading or evaluations is dependent on individual skills, experience, and adherence to program rules. Testimonials are not a promise or guarantee of future performance.

Any reference or access to third-party services or products, including but not limited to tools, data, websites, pricing feeds, webinars, educational material, or services is provided for informational purposes only. Apex does not endorse, guarantee or warrant their accuracy, functionality, or suitability. Apex is not liable for third-party inaccuracies, malfunctions, or content.

5. No Financial Advice

Apex does not provide investment, financial, legal, or tax advice, and nothing on the Apex website, User Agreement or related documents, content, or within the program should be construed as such. All educational content and tools are for informational purposes only. You should consult with a licensed financial advisor before making any trading or investment decisions.

6. Website, Tools, Technology, Hardware and Software Disclaimers

Apex provides all Services, educational tools, content, and webinars “as is” without warranties of any kind. Apex disclaims all statutory, express, and implied warranties, including but not limited to merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by law. Apex does not guarantee secure, uninterrupted, error-free service, or that any products or Services, including the servers on which the website is hosted, are free of viruses or other harmful components, and is not responsible for outages, delays, or technical issues. Use of Apex’s website, tools, and technology is entirely at your own risk.

You are responsible for obtaining and maintaining all telephone, internet, and computer hardware and software, and other equipment needed to access and use the information, products, or Services offered by Apex.

7. Educational and General Informational Purposes Only

Apex is not, and does not act as a licensed financial advisor, broker, portfolio manager, or similar financial institution. All examples, tools, and commentary are illustrative and may not include commissions, spreads, interest, or other trading costs. Apex does not determine whether any strategy, trading instrument or contract of any type is suitable for any individual. There is no assurance that you will profit or limit risk based on the information, products, or Services offered by Apex. Always consult a licensed financial advisor before making any financial decisions.

8. Technical and System Risks

Electronic trading involves many interrelated systems, including hardware, software, telephony, cable, and power generation, all of which are subject to failure or malfunction that may adversely affect your ability to access your User Administration Account or Trading Account. Internet, computer, website, or software crashes, connectivity issues, technical malfunctions, and third-party outages are to be expected and may limit your access to your User Administration Account or Trading Account. If you are unable to access your Trading Account for whatever reason, you will not be able to enter, cancel, or modify orders. This may result in a violation of one or more of the Trading Rules, and may result in any of the penalties associated with violation of the Trading Rules. Apex is in no way liable or responsible for any effect on your ability to trade under any circumstances.

Moreover, trading under certain market conditions, such as volatility and limit moves provides significant risk and may result in computer, platform, or data failure or delays. If there is a limit move day, you may not be able to close a position and your Evaluation or Performance Account may be liquidated. Company shall not be liable for such results.

10. Updates to this Risk Disclosure Statement

We may update this Risk Disclosure Statement from time to time to reflect changes in our program, applicable laws, or market conditions. When we do, we will update the “Effective Date” at the bottom of this page. The most current version will always be available on our website, and we encourage you to review it regularly to remain informed of potential risks.

Effective Date: October 22, 2025

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