This Risk Disclosure is a critical part of your agreement with Uptick Trader LLC. It describes the nature of our services and the risks of participating. By using our services, you confirm you have read, understood, and accepted these risks.
1. Nature of Our Services
Uptick Trader LLC operates a simulated trading evaluation program. Our services are not, and are not intended to be:
- A securities offering or sale of securities;
- A commodity, futures, options, or derivatives offering;
- A managed investment account;
- A brokerage service;
- A money transmission service;
- An investment advisory service;
- A gambling, gaming, or wagering service.
Our services are best described as a paid skill-evaluation program in which participants demonstrate trading discipline using simulated capital, and successful participants may receive performance-based payments from our operational funds.
2. All Trading Is Simulated
No real capital is at risk on the Uptick Trader platform. No real positions are taken in any market. No orders are routed to any exchange, broker, or liquidity provider. All "trades," "balances," "profits," and "losses" shown in your account are simulated.
You acknowledge that:
- Evaluation accounts are simulated. The simulated account balance, profit, and loss displayed during your evaluation are not real money and do not represent real market positions.
- Funded accounts are simulated. The "funded" designation does not mean Uptick Trader has deposited real capital with a broker, exchange, or liquidity provider in your name.
- Payouts come from our operational funds. When you receive a payout, you are being paid from Uptick Trader's operating capital, calculated based on your simulated trading performance.
- Market data may be delayed or modeled. The price quotes displayed on our platform are sourced from third-party market data providers and may be delayed, smoothed, or otherwise differ from real-time market prices on any specific exchange.
3. Risk of Loss of Evaluation Fees
By purchasing an evaluation, you agree to pay a non-refundable fee in exchange for access to our evaluation program. You should understand:
- Most participants do not pass evaluations. Trading is difficult, and even skilled traders often fail evaluations due to rule breaches, drawdown limits, or strategy underperformance.
- Evaluation fees are not refundable. If you fail your evaluation, you do not receive your fee back. If you change your mind, you do not receive your fee back.
- You should only purchase an evaluation with funds you can afford to lose. Treat the evaluation fee as a sunk cost from the moment of purchase.
4. Risk of Failed Funded Account
Even if you pass your evaluation and receive a funded account, you may:
- Breach the drawdown rules and have your funded account closed;
- Fail to generate any profit, and therefore receive no payout;
- Lose access to the funded account due to violations of our Terms or trading rules.
Receiving a funded account does not guarantee any future income.
5. Trading Skill and Education
Trading any market — real or simulated — requires skill, discipline, and risk management. Our evaluation program is designed for individuals who have already developed these skills. We are not an educational service intended to teach you how to trade from scratch.
6. No Investment Advice
Nothing on the Uptick Trader website, platform, marketing materials, social media, or communications constitutes investment, financial, legal, or tax advice. We are not a registered investment advisor, broker-dealer, or futures commission merchant. You are solely responsible for your trading decisions.
7. Risks Specific to Cryptocurrency Markets
Our platform simulates trading in cryptocurrency markets. Cryptocurrency markets in general are characterized by:
- High volatility: Crypto prices can move 10-30% within hours, far more than traditional financial markets;
- 24/7 trading: Markets do not close, increasing both opportunity and risk;
- Regulatory uncertainty: Cryptocurrency regulations are evolving in the United States and globally;
- Liquidity variation: Smaller altcoins can have low liquidity and large price gaps;
- Technical risks: Exchange outages, network congestion, or smart contract issues can affect real-world trading.
8. Platform and Technical Risks
The Uptick Trader platform is software, and like all software, may experience outages, downtime, bugs, connectivity issues, latency, or delays. Uptick Trader is not liable for any actual or claimed simulated losses resulting from such issues. We may, at our sole discretion, void trades or adjust simulated balances to correct technical errors.
9. Tax Risks
Payouts received from Uptick Trader may be considered taxable income in your jurisdiction. You are solely responsible for determining your tax obligations, reporting payouts, and paying any taxes owed. We strongly recommend consulting a qualified tax professional.
10. Regulatory Risk
The legal status of proprietary trading firms operating simulated-trading evaluation models is evolving in the United States and internationally. Regulatory action could, at some future point, require us to modify or discontinue services in certain jurisdictions, adjust pricing or rules, or cease operations entirely.
11. No Guaranteed Income
Participation in our evaluation or funded trader programs is not employment, not a guaranteed income source, and not a reliable substitute for traditional employment. The vast majority of evaluation participants do not generate sustained payouts.
12. Acknowledgment
By creating an account, purchasing an evaluation, or otherwise using our Services, you confirm that you have read and understood this Risk Disclosure, carefully considered the risks of participating, determined that participation is appropriate for your financial situation and trading experience, and accepted that evaluation fees are paid at your sole risk and are non-refundable.
13. Contact
Questions about this Risk Disclosure can be sent to:
Uptick Trader LLC
Email: support@upticktrader.com
Mailing Address: [BUSINESS ADDRESS TO BE ADDED]
[REVIEW NEEDED: This Risk Disclosure is a starting template. The exact regulatory positioning of prop firms is a developing area of US securities, commodities, and consumer protection law. A qualified attorney should review specifically for: (1) whether your business model could be characterized as offering securities or commodities products; (2) MSB / FinCEN registration considerations; (3) state-specific consumer protection compliance; (4) language alignment with prior regulatory enforcement actions against similar businesses.]