Terms Of Service & Conditions

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "You," or "Your") and FBA CAPITAL LLC Fear Being Average ("Company," "We," "Us," or "Our") governing your access to and use of our services, including but not limited to our website, course content, one-on-one mentorship, live trading sessions, educational and backtesting calls, private community, and all related platforms and materials.

By accessing, purchasing, or using any part of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not purchase or use our services.

Fear Being Average provides educational and informational content related to day trading, price action analysis, risk management, and trading psychology.

Depending on the program purchased, our services may include:

• Access to 200+ hours of recorded course content and media recordings
• Weekly one-on-one mentorship calls conducted via video conference
• Live trading sessions held Monday through Friday
• Educational and backtesting group calls held on weekends
• Access to a private community for students
• Trading psychology, risk management, and process education
• Supplemental tools, templates, and resources as offered from time to time

The specific components, schedule, and duration of your access are determined by the program tier you purchase and are described at the point of sale.

All services are provided strictly for educational purposes.

We reserve the right to modify the format, schedule, platform, or delivery method of any service component, provided the overall value of the program is not materially reduced.

We are not a registered investment advisor, broker-dealer, commodity trading advisor, or financial planner, and we are not registered with the SEC, FINRA, the CFTC, or the NFA.

We do not provide financial, investment, legal, or tax advice.

All content — including course material, live trading sessions, chart analysis, trade commentary, market breakdowns, and anything shared in the community — is for educational and informational purposes only and must not be interpreted as a recommendation, solicitation, or offer to buy, sell, or trade any financial instrument.

When we share a trade, a chart, an entry, or a market observation, we are demonstrating an educational process. We are not telling you what to do with your money. Any trade you place is your decision alone.

You acknowledge and agree that:

• Trading involves substantial risk of loss and is not suitable for every person
• You may lose some or all of the capital you deposit
• Leveraged products can result in losses that exceed your initial deposit
• Past performance is not indicative of and does not guarantee future results
• Individual results vary based on effort, discipline, capital, execution, risk tolerance, market conditions, and factors outside anyone's control

You are solely and exclusively responsible for your own financial decisions.

We make no representation, warranty, or guarantee that you will earn any money, become profitable, or achieve any specific financial outcome as a result of purchasing or participating in our programs.

Any figure, income example, account screenshot, payout, withdrawal, or result referenced by us — whether in marketing material, on social media, on a sales call, in the community, or inside the program — is an illustration of what has been achieved by a specific individual under specific circumstances. It is not a promise, projection, or typical result.

The majority of people who purchase trading education do not become consistently profitable traders.

Where hypothetical, simulated, or backtested results are presented, you acknowledge that such results have inherent limitations, do not represent actual trading, and do not account for slippage, fees, liquidity, or the psychological pressure of live capital.

Any statement regarding potential earnings is aspirational and educational in nature. Nothing in our marketing or our program constitutes a guarantee of income.

Testimonials, student results, and success stories shared by the Company reflect the real experiences of individual students. They are not representative of typical results, and they are not a guarantee that you will experience anything similar.

Featured students achieved their results through varying levels of capital, time commitment, prior experience, and personal circumstances. Your results will depend on factors we do not control.

By participating in our programs, you grant the Company permission to reference your results, feedback, and testimonials in marketing materials, unless you notify us in writing at andre@fbainnercircle.org that you wish to opt out. You may withdraw this permission at any time on a forward-looking basis.

To purchase or use our services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from receiving our services under the laws of your jurisdiction

By purchasing, you represent and warrant that you meet these requirements. We reserve the right to terminate access, without refund, if we determine you have misrepresented your age or eligibility.

If you are under 18, you may not purchase or participate, regardless of parental involvement or payment source.

All prices are listed in U.S. Dollars unless otherwise stated.

Access to our services requires either payment in full or enrollment in an approved payment plan. Current pricing and available payment options are disclosed at the point of sale.

If you enroll in a payment plan:

• You are legally obligated to complete all scheduled payments, regardless of your participation level, results, or continued interest
• The total amount owed does not change based on how much of the program you consume
• Missed or late payments may result in immediate suspension or revocation of access
• We reserve the right to charge late fees where permitted by law
• Outstanding balances may be referred to collections or pursued through legal action
• Access is not restored until the account is brought current

All payments are securely processed through third-party providers. We do not store full payment details.

All sales are final.

By purchasing any product or service, you agree that no refunds will be issued under any circumstances, including but not limited to:

• Change of mind
• Lack of participation or failure to complete the program
• Failure to achieve desired trading results
• Trading losses sustained in your own account
• Emotional or psychological discomfort
• Technical issues outside our reasonable control (reasonable support will be provided)

This policy applies to both payments in full and payment plans.

Where "lifetime access" is offered, it means access for the operational lifetime of the program, community, or platform on which the content is hosted — not the lifetime of any individual. It does not obligate the Company to operate indefinitely.

If the Company discontinues the program, we will provide reasonable advance notice and, where practical, an opportunity to download or retain access to core course materials. Discontinuation does not entitle you to a refund.

One-on-one calls.

Weekly one-on-one calls are made available subject to scheduling availability and your active participation. Calls must be booked through the designated scheduling system. Missed or unattended calls are not banked, accumulated, or rescheduled as a credit. Repeated no-shows may result in reduced scheduling priority.

Live trading sessions.

Live trading sessions are held on scheduled trading days and are subject to market holidays, market conditions, and the Company's discretion. We do not guarantee a specific number of sessions, a specific duration, or that any trade will be taken during a session.

We reserve the right to adjust the frequency, format, or duration of ongoing support components with reasonable notice.

You agree to contact us directly at andre@fbainnercircle.org to resolve any billing concern before initiating a chargeback or payment dispute.

Initiating a chargeback or dispute in bad faith — including after having accessed program materials — constitutes a material breach of these Terms and may result in:

• Immediate and permanent termination of access
• Removal from all community platforms
• Recovery of the full outstanding balance, plus dispute fees and reasonable legal costs
• Referral to collections

You further agree that continued access to and consumption of program materials constitutes acceptance of delivery.

Live trading sessions, group educational calls, backtesting calls, and one-on-one mentorship calls may be recorded for training, quality, and educational purposes.

By joining any call, you consent to being recorded, including your audio, video, screen shares, and any charts or account information you choose to display.

Recordings may be used within the program, in future course material, and in marketing content. If you do not wish to appear in material used publicly, you must notify us in writing at andre@fbainnercircle.org before the call, and keep your camera and microphone off.

You are responsible for what you show on screen. Do not display account numbers, personal identification, or information you are not comfortable having recorded.

You may not record, screen-capture, or redistribute any call, session, or piece of content without our prior written permission.

All content provided by the Company — including but not limited to videos, course modules, recordings, documents, strategies, frameworks, systems, branding, and community content — is our exclusive intellectual property.

You are granted a limited, revocable, non-transferable, non-exclusive license for personal use only.

You may not:

• Share, resell, redistribute, or license access to our content
• Share your login credentials with any other person
• Record, screenshot for redistribution, or repost private sessions
• Teach, resell, or repackage our methodology as your own
• Reverse engineer or replicate proprietary systems for commercial use

Account sharing results in immediate termination without refund. Other violations may result in legal action and recovery of damages.

Our community exists so that students can learn, be corrected, and hold each other accountable. To keep it that way, you agree to:

• Treat all members and staff with respect
• Refrain from harassment, hate speech, discrimination, or abusive behavior
• Refrain from posting misleading, fraudulent, or illegal content
• Not solicit, recruit, or promote external services, groups, signals, or products without written permission
• Not sell signals, manage other members' money, or solicit funds from other members
• Not share or resell program content

We reserve the right to remove any user for violations at our sole discretion, without refund.

We are not affiliated with, and do not control, any broker, exchange, proprietary trading firm, or funding provider unless expressly stated.

Any broker or prop firm referenced in our education is mentioned for illustrative purposes. You are solely responsible for selecting your broker or funding provider, reviewing their terms, understanding their rules, and complying with their requirements.

We are not responsible for:

• Failed evaluations or blown funded accounts
• Payout delays, denials, or account closures by any third party
• Rule violations you commit on a third-party platform
• Fees, spreads, slippage, commissions, or execution quality
• The solvency, conduct, or business practices of any third party

Where we receive compensation from a third party for a referral, we will disclose that relationship.

Any promotional giveaway, funded account, or challenge account offered by the Company is provided at our discretion, is subject to its own published rules, has no cash value, and does not form part of the purchased program.

To the fullest extent permitted by law, the Company, its owners, officers, employees, and affiliates are not liable for:

• Trading losses of any kind
• Lost profits, lost opportunities, or lost capital
• Indirect, incidental, consequential, special, or punitive damages
• Emotional or psychological distress
• Any decision you make in reliance on our educational content

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms or our services shall not exceed the total amount you actually paid to the Company in the twelve (12) months preceding the claim.

Your use of our services, and your trading activity, is entirely at your own risk.

You agree to indemnify, defend, and hold harmless the Company and its owners, officers, employees, and affiliates from any claims, damages, losses, liabilities, or legal costs arising from:

• Your use or misuse of our services
• Your trading activity
• Your violation of these Terms
• Your infringement of any third-party rights
• Any content you post in our community

We deliver our services using third-party platforms, which may include course hosting platforms, payment processors, community platforms, video conferencing tools, and CRM systems.

We are not responsible for:

• Platform outages, downtime, or technical failures
• Data loss caused by a third-party provider
• Policy changes, account bans, or feature removals by third parties

If a platform we use becomes unavailable, we will make reasonable efforts to migrate services to a comparable alternative. Platform migration does not entitle you to a refund.

These Terms remain enforceable regardless of third-party platform issues.

We reserve the right to suspend or terminate your access at any time, without refund, if you:

• Violate these Terms
• Engage in abusive, harassing, or disruptive behavior
• Share, resell, or redistribute our content
• Initiate a bad-faith chargeback
• Fail to complete scheduled payments
• Misrepresent your identity, age, or eligibility

You may discontinue participation at any time. Discontinuing participation does not cancel outstanding payment obligations and does not entitle you to a refund.

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

All disputes shall be resolved through binding arbitration in Tampa, Florida, administered under the rules of the American Arbitration Association.

You waive the right to a jury trial and the right to participate in a class action.

The prevailing party in any dispute shall be entitled to recover reasonable attorneys' fees and costs.

By providing your mobile number, you consent to receive SMS or MMS messages from Fear Being Average, including:

• Program updates and scheduling reminders
• Call reminders and community announcements
• Educational content and offers

Details:

• Message frequency varies; up to 2 messages per month
• Reply STOP to unsubscribe
• Reply HELP for assistance
• Message and data rates may apply
• Carriers are not liable for delayed or undelivered messages
• We do not sell or share your mobile data for third-party marketing purposes

Consent to receive marketing messages is not a condition of purchase.

Your use of our services is also governed by our Privacy Policy, available at fbainnercircle.org/privacy-policy which is incorporated into these Terms by reference.

If any provision of these Terms is found unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

These Terms, together with our Privacy Policy and any program-specific agreement you sign, constitute the entire agreement between you and the Company and supersede any prior representations, including verbal statements made during a sales call.

We reserve the right to update these Terms at any time. Material changes will be posted with an updated Effective Date. Continued use of our services constitutes acceptance of any changes.

FBA CAPITAL LLC Fear Being Average — Email: andre@fbainnercircle.org