By purchasing an evaluation and accessing Breakout’s trading platform, you explicitly acknowledge and agree to the following terms in this Section 10. These terms are designed to protect both you and Breakout from fraudulent disputes and to ensure fair and transparent operations.
A. Prohibition of Unjustified Chargebacks. Initiating a chargeback without legitimate cause, particularly after having accessed, utilized, and demonstrably benefited from our product and/or services, is strictly prohibited and shall be considered chargeback fraud. Legitimate causes for a chargeback are limited to instances of actual unauthorized transactions where your payment details were stolen or used fraudulently, or in rare cases where there was a demonstrable non-delivery of the service as described and agreed upon, and you have exhausted all reasonable attempts to resolve the issue directly with us.
Claims such as “transaction unauthorized” or “service not as described” made after you have demonstrably engaged with and benefited from our services — including but not limited to accessing your Account, placing trades, completing evaluations (whether passed or breached), receiving funded accounts, or processing payouts — will be vigorously disputed by Breakout.
B. Breakout’s Rights and Remedies. In the event of a chargeback initiated without legitimate cause,
Breakout reserves the right to:
- Vigorously dispute the chargeback with the relevant financial institution, providing all evidence of service delivery, user engagement, and adherence to the Terms of Use and Additional Terms.
- Suspend or terminate your access to Breakout’s platform and all associated services, including any Accounts, funded accounts, or pending payouts, immediately and without prior notice.
- Pursue legal action against you for damages incurred as a result of the fraudulent chargeback, including but not limited to, the original transaction amount, chargeback fees, administrative costs, legal fees, and any other associated losses or expenses sustained by Breakout.
- Report the fraudulent activity to relevant credit bureaus, financial institutions, and law enforcement agencies, which may negatively impact your credit rating and financial standing.
C. Obligation to Contact Customer Support. Prior to initiating any chargeback, you are obligated to first contact our customer support to attempt to resolve any issues or concerns you may have regarding the Service. We are committed to addressing legitimate concerns promptly and fairly. Failure to exhaust reasonable attempts to resolve an issue directly with us before initiating a chargeback may be considered evidence of an unjustified dispute.