Effective date: to be set on publication · Version 1.0
1. Purpose and acceptance
1.1 This Refund Policy (the "Policy") sets out the terms on which FBGM Capital (full legal name, registration number and registered address) ("FBGM Capital", "we", "us" or "our") will refund amounts paid for its products and services.
1.2 This Policy forms an integral part of the Terms of Service and of the service agreement entered into at the time of purchase (together, the "Agreement"). In the event of any conflict between this Policy and the Terms of Service on the subject of refunds, this Policy shall prevail, save where a mandatory provision of applicable law provides otherwise.
1.3 By completing a purchase, the Client confirms that they have read, understood and accepted this Policy in full, including the Operational Compliance Protocol in Section 7, which is a condition of any refund requested after Activation.
2. Definitions
In this Policy, the following capitalised terms have the meanings given below:
- "Client" means the natural or legal person who completed the purchase and in whose name the Licence is issued.
- "Purchase Date" means the date on which full payment was confirmed by our payment provider, as shown on the order confirmation.
- "Refund Window" means the period of fifteen (15) calendar days starting on the Purchase Date, as described in Section 4.
- "Package" means any of the products offered by FBGM Capital, namely the TradingView + MT5 Indicator, the FBGM AI Bot Trader Complete Experience, the 1 Bot License + Mentorship + US$ 10K Prop Firm package, and the 3 Bot Licenses + US$ 50K Hantec Trader package.
- "Licence" means the non-exclusive, non-transferable right to use the FBGM AI Bot Trader Expert Advisor or the FBGM indicator, as applicable, on the account(s) stated in the Agreement.
- "Activation" means the earliest of: (a) the issue of a licence key; (b) the download of any software file; (c) the start of the first technical onboarding session; or (d) the issue of a prop firm evaluation account on the Client's behalf.
- "Technical Team" means the FBGM Capital technicians responsible for installation, configuration, diagnostics and support.
- "Mentors" means the FBGM Capital mentors responsible for implementation mentoring and the Professional Trading Mentorship.
- "Approved Configuration" means the EA settings, risk parameters, instruments, account settings and operating hours set or approved in writing by the Technical Team for the Client's account.
- "Partner Firm" means Hantec Trader or any other third-party prop firm through which an evaluation account is provided.
- "Metal Card" means the personalised physical FBGM metal card produced and shipped to the Client.
3. Scope
3.1 This Policy applies to all Packages purchased directly from FBGM Capital through its website or under a written Agreement.
3.2 This Policy does not apply to amounts paid directly by the Client to third parties, including brokers, Partner Firms, VPS providers, platform providers or payment providers, which are governed exclusively by the terms of those third parties.
4. The 15-day refund window
4.1 The Client may request a refund at any time within the Refund Window, that is, within fifteen (15) calendar days of the Purchase Date.
4.2 A request is deemed made on the date it is received by FBGM Capital through one of the channels listed in Section 12. Requests received after 23:59 (UTC) on the fifteenth day following the Purchase Date fall outside the Refund Window and shall not be eligible, save where a mandatory provision of applicable law provides otherwise.
4.3 The Refund Window is not extended by delays attributable to the Client, including delays in providing documents, scheduling onboarding sessions or setting up a VPS or broker account.
4.4 Whether a refund is granted, and its amount, depend on whether Activation has taken place, as set out in Sections 5 and 6.
5. Refund before activation
5.1 Where the Client requests a refund within the Refund Window and Activation has not yet taken place, FBGM Capital shall refund the full amount paid, without condition and without the Client being required to give a reason, less only the deductions in Section 10.3 where the Metal Card has already been produced.
5.2 Where production of the Metal Card has not yet started at the time of the request, no deduction shall be made.
6. Refund after activation
6.1 Where Activation has taken place, a refund requested within the Refund Window shall be granted only if all of the following conditions are met:
- (a) the Client has complied in full with the Operational Compliance Protocol in Section 7 from the date of Activation until the date of the request;
- (b) compliance can be verified in accordance with Section 8;
- (c) none of the grounds for refusal in Section 9 applies; and
- (d) the Client has submitted a complete request in accordance with Section 12.
6.2 Where these conditions are met, the refund shall equal the amount paid less the deductions set out in Section 10.
6.3 For the avoidance of doubt, the conditions in this Section 6 exist to ensure that the product has been used as designed and as instructed. They do not require the Client to have made a loss, and the Client's trading results, whether positive or negative, are not by themselves a ground for granting or refusing a refund.
7. Operational Compliance Protocol
7.1 The Client acknowledges that the FBGM AI Bot Trader is designed to operate only within the Approved Configuration and under the supervision of the Technical Team and the Mentors. Accordingly, from the date of Activation, the Client undertakes to:
Installation and environment
- (a) install the software only with, or exactly as instructed by, the Technical Team;
- (b) run the EA on a Windows VPS meeting the minimum specifications provided in the installation documentation, with MetaTrader 5 kept open and connected during the operating hours set by the Technical Team;
- (c) use only the broker or Partner Firm account(s) registered in the Agreement and approved by the Technical Team;
- (d) keep the EA updated to the version supplied or approved by the Technical Team, and install updates within three (3) business days of being notified;
Configuration and risk
- (e) use only the Approved Configuration and not alter, override or experiment with any EA parameter, risk setting, lot size, instrument or schedule without prior written approval from the Technical Team;
- (f) not place manual trades, run any other Expert Advisor, script or copy-trading service, or apply any trade manager on an account on which the EA is running;
- (g) respect the daily and overall loss limits set for the account, and not increase leverage or account risk beyond the levels approved;
- (h) not disable, move or remove any stop loss or protective order placed by the EA;
Onboarding, validation and mentoring
- (i) attend all mandatory onboarding sessions scheduled with the Technical Team and, where the Package includes mentoring, all mandatory sessions scheduled by the Mentors, or reschedule with at least twenty-four (24) hours' notice;
- (j) complete the demo validation period defined by the Technical Team before operating on any live or evaluation account;
- (k) follow the written instructions, checklists and operating procedures issued by the Technical Team and the Mentors, including the trading plan agreed during mentoring;
- (l) where the Package includes the Professional Trading Mentorship, complete the assignments and the trading journal required by the Mentors for the modules delivered up to the date of the request;
Records and communication
- (m) keep the MetaTrader 5 "Experts" and "Journal" logs intact and provide them on request;
- (n) grant the Technical Team read-only (investor) access to the account(s) on which the EA is running, for the purpose of diagnostics and compliance verification;
- (o) report any error, disconnection or unexpected behaviour to the Technical Team through a support ticket within twenty-four (24) hours of becoming aware of it, and follow the corrective instructions given;
- (p) comply with the current rules of the Partner Firm and of the broker at all times.
7.2 Instructions given by the Technical Team or the Mentors orally during a session shall be confirmed in writing in the Client portal or by email. Only instructions recorded in writing shall be relevant for the purposes of this Policy.
8. Verification of compliance
8.1 Compliance with Section 7 shall be assessed by the Technical Team on the basis of objective records, which may include the EA logs, the MetaTrader 5 account history, investor-access data, support tickets, session attendance records and the Client's written communications.
8.2 The Client shall provide any record reasonably requested within five (5) business days. Where a record is not provided in that period, the corresponding obligation shall be deemed not verified.
8.3 Where FBGM Capital considers that the Protocol has not been complied with, it shall inform the Client in writing, identifying the specific obligation concerned and the record on which its finding is based. The Client may respond with evidence within five (5) business days, and FBGM Capital shall consider that response in good faith before reaching a final decision.
9. Grounds for refusal
Without prejudice to Section 19, a refund requested after Activation may be refused where:
- (a) the request is made outside the Refund Window;
- (b) the Client has breached one or more obligations of the Operational Compliance Protocol;
- (c) the Client has shared, resold, copied, decompiled or attempted to reverse engineer the software, or used it on accounts not covered by the Licence;
- (d) the Client's account has been closed, breached or suspended by the Partner Firm or broker as a result of conduct contrary to their rules;
- (e) the Client has provided false, incomplete or misleading information in connection with the purchase or the request; or
- (f) the Client has initiated a chargeback or payment dispute in respect of the same purchase, in which case Section 16 applies.
10. Non-refundable components and deductions
10.1 Partner Firm evaluation. Once an evaluation account has been issued by the Partner Firm on the Client's behalf, the evaluation fee paid to the Partner Firm is a third-party cost already incurred and shall be deducted from any refund. Where the evaluation account has not yet been issued, no such deduction applies.
10.2 Mentoring delivered. Where the Package includes the Professional Trading Mentorship, the pro-rata value of mentoring sessions already delivered, calculated on the number of sessions delivered over the total number of sessions in the programme, shall be deducted.
10.3 Metal Card. The Metal Card is personalised with the name chosen by the Client and cannot be resold. Once production has started, the documented cost of production and shipping shall be deducted, and the Client may keep the Metal Card.
10.4 Payment costs. Non-recoverable fees charged by the payment provider or crypto network on the original transaction may be deducted, up to the amount actually incurred.
10.5 FBGM Capital shall provide the Client with a written breakdown of every deduction applied.
11. Package-specific terms
11.1 TradingView + MT5 Indicator (US$ 499). Activation occurs when the indicator is delivered or access to it is granted on TradingView. After Activation, a refund requires the Client to have installed and used the indicator as described in the usage documentation and to have reported any issue through a support ticket.
11.2 FBGM AI Bot Trader Complete Experience (US$ 999). Sections 6 to 10 apply in full, including the deduction of the US$ 10,000 Hantec Trader evaluation fee once the evaluation account has been issued.
11.3 1 Bot License + Mentorship + US$ 10K Prop Firm (US$ 1,699). Sections 6 to 10 apply in full. Compliance with the Mentors' instructions under Section 7.1(k) and (l) is assessed for the modules delivered up to the date of the request.
11.4 3 Bot Licenses + US$ 50K Hantec Trader (US$ 3,000). The Package is indivisible. Compliance is assessed for each of the three licensed accounts, and a refund after Activation requires compliance on all accounts on which a Licence has been activated.
12. How to request a refund
12.1 Requests must be made in writing, through a support ticket in the Client portal or through the contact form, and must include:
- (a) the Client's full name and the email address used for the purchase;
- (b) the order number and the Purchase Date;
- (c) the MetaTrader 5 account number(s) covered by the Licence, where Activation has taken place;
- (d) the reason for the request; and
- (e) where applicable, the records listed in Section 7.1(m).
12.2 FBGM Capital shall acknowledge receipt of the request within two (2) business days.
13. Review and payment timelines
13.1 For requests under Section 5 (before Activation), FBGM Capital shall confirm the refund within three (3) business days of receipt.
13.2 For requests under Section 6 (after Activation), FBGM Capital shall issue a written decision within ten (10) business days of receiving a complete request, extended only by any period granted to the Client under Section 8.
13.3 Approved refunds shall be issued within ten (10) business days of the decision to the original payment method. The time for the funds to reach the Client's account depends on the card issuer or bank and is outside FBGM Capital's control.
14. Refunds of crypto payments
14.1 Payments made in Bitcoin or USDC shall be refunded in USDC, for an amount equal to the US dollar price of the Package at the time of purchase less applicable deductions, unless the parties agree otherwise in writing.
14.2 Refunds shall be sent only to a wallet address under the Client's control, confirmed by the Client in writing, on a network supported by FBGM Capital. FBGM Capital is not liable for funds sent to an address or network provided incorrectly by the Client.
15. Effects of a refund
15.1 Upon approval of a refund, every Licence included in the Package is terminated, licence keys are deactivated and access to the Client portal, downloads, updates, mentoring and support ends.
15.2 The Client shall remove the software from all devices and VPS within five (5) business days and confirm the removal in writing. Continued use after termination constitutes an infringement of FBGM Capital's intellectual property rights.
15.3 The Partner Firm evaluation account, if issued, remains subject to the Partner Firm's own terms.
16. Chargebacks and payment disputes
16.1 The Client agrees to use the procedure in this Policy before initiating any chargeback or payment dispute.
16.2 Where a chargeback is initiated, all Licences are suspended pending its resolution, and FBGM Capital may submit to the payment provider the Agreement, this Policy, compliance records and communications with the Client.
16.3 A chargeback found in the Client's favour shall be treated as a full settlement of any refund claim for the same purchase.
17. No guarantee of results
17.1 Trading leveraged instruments involves a high risk of loss. FBGM Capital does not guarantee profits, the passing of any evaluation, funding by a Partner Firm, withdrawals or any particular trading result.
17.2 Trading losses, the failure of an evaluation and the Client's dissatisfaction with trading results are not, by themselves, grounds for a refund outside the terms of this Policy. Read the Risk Disclosure.
18. Abuse and fraud
FBGM Capital may refuse a refund and, where appropriate, take legal action where it reasonably believes that a purchase or a request is part of a pattern of abuse, including repeated purchases and refund requests, the use of the software or materials for commercial purposes, or any attempt to obtain the software, its parameters or the mentoring content without paying for them.
19. Statutory consumer rights
19.1 Nothing in this Policy excludes or limits any right that the Client has as a consumer under the mandatory law of their country of residence, including any statutory right of withdrawal from distance contracts.
19.2 Where such law grants the Client a more favourable right than this Policy, the more favourable right shall apply to the extent required by that law, and the conditions in Sections 6 to 9 shall not be applied so as to restrict it.
20. Limitation of liability
To the maximum extent permitted by law, FBGM Capital's total liability in connection with any refund claim shall not exceed the amount actually paid by the Client for the Package concerned.
21. Amendments
FBGM Capital may amend this Policy by publishing a new version on its website. Amendments apply only to purchases made after the effective date of the new version. The version in force on the Purchase Date applies to each purchase.
22. Governing law and disputes
22.1 This Policy is governed by the laws of jurisdiction to be confirmed, without prejudice to Section 19.
22.2 The parties shall first attempt to resolve any dispute amicably within thirty (30) days of a written notice. Failing agreement, the dispute shall be submitted to the courts of venue to be confirmed, unless mandatory consumer law gives the Client the right to bring proceedings in the courts of their place of residence.
23. Contact
Refund requests and questions about this Policy: support ticket in the Client portal, or the contact form. Email: support@fbgmcapital.com.
