TERMS AND CONDITIONS

Supertrade Ltd. (“We” “Our” “Us” or “Company“) is a technology company that provides a variety of services including but are not limited to proprietary trading (the “Services”). These Terms and Conditions (the “Terms“) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“Customer”, “User”, “You” and “Your”) and us concerning your access to and use of our website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

We may modify these Terms from time to time in our sole discretion. You shall be bound by such modifications effective immediately upon posting on the Site. It is your sole responsibility to review these Terms prior to each use of the Services.

As part of the continuous improvement and evolution of our Services, We may make modifications such as adding or removing features and functionalities and offering new digital content or services or discontinuing old ones. We may also change some digital content or Services (i) to adapt to new technologies, (ii) reflect increases or decreases in the number of people who use a particular service (iii) respond to key changes in the agreements, licenses, and partnerships we have with third-party service providers, (iv) to prevent any abuse or harm or (v) to address legal, regulatory, safety, or security issues. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.

BY SIGNING, CLICKING “I AGREE,” “ACCEPT,” OR ANY OTHER SIMILAR BUTTON OR LINK, OR BY INSTALLING, ACCESSING, AND/OR USING OUR SERVICES, YOU EXPRESSLY ACCEPT, ACKNOWLEDGE, AND AGREE THAT YOU OR THE COMPANY YOU REPRESENT ARE ENTERING INTO A LEGAL AGREEMENT WITH US AND HAVE UNDERSTOOD AND AGREED TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS, POLICIES AND NOTICES STATED HERE. PLEASE CAREFULLY REVIEW THESE TERMS BEFORE USING OR CONTINUING TO USE ANY OF OUR SERVICES. THE TERMS INCLUDE IMPORTANT INFORMATION ABOUT YOUR RELATIONSHIP WITH US. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THESE TERMS (OR ANY AMENDMENT THERETO), YOU SHOULD IMMEDIATELY STOP USING THE SERVICES. WE ENCOURAGE YOU TO READ THE TERMS, POLICIES AND NOTICES STATED HERE CAREFULLY AND USE THEM TO MAKE INFORMED DECISIONS.

1. DEFINITIONS

Capitalized terms shall have the meaning assigned to them in these Terms unless the context requires otherwise.

"Access Fee" refers to a fee payable by a User to the Company to gain access to the Platform. For further information, please refer to the Targets & Pricing.

“Account” refers to a User’s designated account allowing User to access the Site and use the Services, view the status of the various Services a User is subscribed to, join new Services offered from time to time, and manage User’s personal information and profile.

“Affiliate” refers to an individual or an entity that markets the Company's product in an appealing way to potential consumers.

“Balance” the total funds available in an Account / Funded Account (Live Account) at a specific time.

"Challenge" / “Evaluation Stage” refers to a competition within a simulated training environment where the Company evaluates User’s performance, skills, risk management, and consistency. Based on these evaluations, the Company grants User the status of Funded User and access to Proprietary Capital for trading purposes.

“Challenge Conditions" refers to a set of requirements that must be met before the Challenge is considered to be complete (i.e. drawdown limits, risk management requirements, trading rules etc.). For further information, please refer to the Targets & Pricing.

“Company” refers to Supertrade Ltd., a company registered in Saint Lucia under company number 13719951 and registered office at Top Floor, Rodney Court Building, Rodney Bay, Gros Islet, Saint Lucia.

“Customer” / “User” refers to a user of the Services

“Dashboard” refers to the Platform accessible upon registration, and a User’s portal, including but not limited to an Account and trading performance details.

“Demo Trading” refers to the practice of trading with fictitious funds on the Platform that allows Users to learn and test strategies without any real financial risk.

“Diversification” refers to a risk management technique that mitigates risk by allocating investments across different Trading Instruments.

“Equity” refers to the real-time value of a User’s Account/Funded Account (Live Account), including both the Balance and the unrealized profit or loss from the trades.

“Forbidden Territory” refers to any jurisdiction where the Services are not available. For further information, please refer to the Disclaimers

“Funded Account” / “Live Account” refers to an account granted upon successful completion of the Evaluation stage or when accessing Instant Funding, allowing User to trade with Proprietary Capital under the terms that are subject to a separate agreement between the Company and a User.

“Funded User” means User who successfully completed the Evaluation stage (2-Phase Challenge) or accessed Instant Funding and processed with User Verification Process, and who have been offered a Funded Account on the Platform under the terms that are subject to a separate agreement between the Company and User.

“Funded User Service Agreement” refers to the agreement between the Company and a User who has passed the 2-Phase Challenge or assessed Instant Funding and completed the KYC process, allowing them to join the Funding or Instant Funding step.

“Funding” refers to the step where a User receives access to a Funded Account after successfully completing the 2-Phase Challenge. For further information, please refer to the Targets & Pricing.

“Hedging” refers to opening several positions at the same time to limit exposure from the market movements.

“Hold Over Weekend & News” refers to the ability to hold a position that was open at least 2 minutes before the news release over restricted news.

“Instant Funding” refers to the step where Users receive access to a Funded Account immediately after paying Access Fee without preliminary 2-Phase Challenge. For further information, please refer to the Targets & Pricing.

“Intellectual Property” means any and all worldwide intellectual property rights, whether registered or not, as outlined in the Section 13.

“KYC” and “KYB” stands for Know Your Customer/Business, and means the due diligence process to verify a User’s identity after successfully passing the Evaluation Stage and before joining the Funding or Instant Funding program.

"Leverage" refers to the use of additional funds borrowed from the Company, thereby increasing Users’ market exposure.

“Max Daily Drawdown” means the maximum amount the User can lose throughout a single day. This amount is recalculated at the end of each day based on a User's Account peak Equity on a given day, which includes both floating profits and losses.

“Max Overall Drawdown” means the maximum amount the User can lose at any given time during the Challenge. This amount is calculated once from the User’s initial Equity at the beginning of the Challenge and remains fixed (static) throughout Challenge lifetime. If the equity drops below the specified drawdown limits, it results in automatic failure.

“Platform” means the Company’s proprietary or third-party electronic interface through which Users execute trades in simulated and/or Funded Accounts. The Platform includes trading dashboards, analytical tools, performance tracking features, reporting functionalities, as well as trading challenges, and funded trading programs that are subject to a separate agreement between the Company and a User.

“Position Sizing” means a number of units of a Trading Instrument that are bought or sold.

“Profit Split” refers to how profits generated from a Funded Account are divided between a User and the Company.

“Profit Target” means specific profit amount that a User is required to attain in order to pass an evaluation or progress to a more advanced account level. It is determined based on the User's initial Equity.

“Prohibited Trading Practices” refers to any activities that are intended to manipulate, abuse, or exploit the Services.

“Proprietary Capital” a predetermined amount of the Company's capital is allotted to a Funded User for trading purposes.

“Risk-Reward Ratio” refers to a financial metric used to assess the potential profit or loss of a trade.

“Risk Target” refers to the use of risk management strategies, such as stop-loss orders, position sizing and diversification etc., to minimize potential losses.

“Sanctions Regime” refers to any and all economic or financial sanctions, sectoral sanctions, secondary sanctions, trade embargoes, and restrictions, and anti-terrorism laws imposed, administered, or enforced from time to time on either countries, regions, entities, or natural persons by:

    ● the United States of America, including those administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the U.S. Department of State, the U.S. Department of Commerce, or through any existing or future statute or Executive Order;

    ● the United Nations Security Council;

    ● the European Union;

    ● the United Kingdom; and

    ● any other applicable regions as may be determined from time to time.

“Stop-Loss Order” refers to a risk-management tool that automatically ends a trade once a specific target is reached or exceeded.

“Take-Profit Order” refers to a predetermined price level at which a trade will automatically close once a User’s target profit is reached.

“Trading Day” refers to any day during which a User executes at least one trade.

“Trading Instruments” refers to the different types of markets a User can trade.

“Trading News” refers to the ability to open a position between 2 minutes before and 2 minutes after a major news release.

“Trading Plan” refers to a comprehensive decision-making tool for User's trading activity.

“Trading Session” means the designated period of time during which trading activities occur in financial markets.

“2-Phase Challenge” / “Two-phase evaluation” refers to an evaluation method consisting of two assessment stages. In the initial stage, a User must achieve a predetermined profit target while adhering to predefined risk rules and drawdown limits. Upon successfully completing the first stage, User progresses to the second stage, where the conditions are frequently analogous but may be slightly more accommodating. Only after successfully passing both stages does the User gain access to a Funded Account with allocated capital. For further information, please refer to the Targets & Pricing.

“User Verification Process” refers to the process of confirming a User's identity and enabling the Company to safeguard against fraudulent activities and comply with legal regulations. This process involves collecting personal details from a User and comparing them against official records or documents.

“Volatility Indicators” refers to technical analysis tools that look at changes in market prices over a specified period of time.

“Website” refers to the website https://supertrade.com

2. SERVICES

2.1. Company offers a range of services including instruments for simulated trading on financial markets, analytical tools, training and educational materials, access to the Dashboard, and other supplementary services. These Services may include the purchase of new Challenge and access to Funding and Instant funding steps, and their scope may vary. The analytical tools provided as part of the Services are also included in these Terms. These Services may be accessed through the Dashboard or applications offered by Company or third-party entities.

2.2. Simulated trading during the Evaluation Stage employs real financial market data. You understand and acknowledge that any trading activity conducted through the Services is purely simulations and not based on actual market data. The funds allocated for simulatedtrading are purely hypothetical, and you have no right to retain or utilize these funds outside the scope of the Services. You also acknowledge that these funds are not intended for actual trading and that you will not receive any payment for them. During the Evaluation Stage, no compensation or profits will be received based on the results of simulated trading, nor will any losses incurred during simulated trading be covered.

2.3. Access to the Services is granted upon completion of the designated registration form. Following registration, an e-mail will be sent containing Account login credentials.

2.4. You can order the Challenge of your choice through an Account. The Company will immediately confirm receipt of your order request via e-mail. The order is completed and/or access is provided to you upon acceptance of these Terms and payment of the fee. If you meet the conditions of the respective Challenge which are available on the Site, you will then be eligible to pass to the next phase, which may be Phase 2 or Funding if applicable or access directly to the Instant Funding, depending on your choice which cannot be changed once made.

2.5. You are responsible for securing the necessary hardware, software (including third-party software for the Platform), internet access, and an updated web browser at your own cost. The Company does not guarantee compatibility with specific hardware or software.

2.6. You acknowledge that Platform providers are independent entities with their own terms and privacy policies, which you must read, understand, and comply with before submitting the registration form.

3. FEES

3.1. Access to Platform is subject to payment of Access Fee.

3.2. Access Fee varies based on a selected Account type, which can be found in the Targets & Pricing.

3.3. The Company reserves the right to also provide Services under individually agreed conditions. All individually agreed conditions shall be determined by the Company at its own discretion.

3.4. The Company reserves the right to change Access Fee at any time at its own discretion. The changes will be communicated to you in advance through Account and / or via e-mail. Individual discounts and other benefits cannot be combined unless explicitly stated otherwise by the Company.

4. PAYMENT TERMS

4.1. Access Fee is in USD or other currencies listed on the Site. If you choose a different currency, the Fee for the selected challenge will be converted using the payment provider’s rates as displayed to you before confirming payment. You acknowledge that payments in 7 other currencies will use the provider’s exchange rate at the time, and you are responsible for any exchange premiums.

4.2. All taxes are included in the Access Fee. If User is an entrepreneur such User must comply with their tax obligations and pay any applicable taxes or fees.

4.3. Access Fee can be paid via any available payment method option offered by the Company and can be found on the Site.

4.4. Payments via credit/debit card or express methods are processed instantly. Users are responsible for payment provider fees and must ensure full payment of Access Fee. If you do not pay the amount on time, the Company is entitled to cancel your order.

5. ELIGIBILITY

5.1. Any person may browse our Site and the information contained therein, subject to these Terms.

5.2. In order to use the Services, you would need to register for an Account.

5.3. If you: (i) are at least eighteen (18) years of age or be of the legal age in your jurisdiction, if higher, (ii) have the legal authority or ability to enter into and be bound by these Terms, (iii) are not a retail trader; (iv) do not reside in any Forbidden Territory; and (v) comply with these Terms; you may be eligible for an Account.

5.4. We are not obligated to accept any application from any applicant and have the sole and absolute discretion to accept or reject applications to create Accounts.

5.5. Services offered on this Site are intended for personal use only. Registration and use of the Services are not permitted using any legal entity details. Furthermore, invoices will be issued and payments for services will be accepted exclusively in the name of the registered User. Withdrawals will only be permitted to an account held in the same name as the registered User.

6. REGISTRATION PROCESS

6.1. Establishing an Account. In order to use our Services, You have to create an Account and provide us with valid, correct and up-to-date information. The details (including name, e-mail address, and payment details) you provide when registering with us must match the details you provide to the payment service provider we designate for processing payments. These details will be used for any future payment transactions if you become a Funded User. Failure to provide matching details may result in suspension of your Account or inability to process payments. You agree to keep your password confidential and will be responsible for all use of your Account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6.2. User Verification Process. After completing the Evaluation Stage or when accessing Instant Funding, and in order to become a Funded User, you have to verify your Account. We may conduct the User Verification Process at any time on our sole discretion. The duration, steps and requirements of the User Verification Process depend on security requirements, in particular Anti-Money Laundering considerations, which may change from time to time depending on the legal framework and technical developments. At any time during the User Verification Process, We may request a video interview, identification documents, additional information and documents necessary to complete the User Verification Process including checks to ensure that you have not exploited or abused the system or passed the Evaluation stage fraudulently or inauthentically or breached the trading rules set by the Company.

6.3. Up-to-date and complete information.You confirm that any document and information that you provide us with, is valid, up-to-date, correct and complete and that you have not withheld any information that could potentially influence the User Verification Process (e.g. you confirm that you have not withheld any information that could potentially trigger any further due diligence). If any such information changes, it is your obligation to provide the new information to us as soon as practicable following such change. We will request specific information from you in the process of becoming Funded User and from time to time for as long as you remain User, which is required by law, regulation, or other authority guidelines (e.g. AML or Sanctions Regime).

6.4. No Acceptance Guarantee. There is no guarantee that a specific person can successfully complete the User Verification Process and thus become Funded User even if the relevant User has provided all information requested by us. The reasons for this may include, but are not limited to, legal restrictions or commercial considerations. We may refuse to continue the User Verification Process, in which case, this person cannot successfully pass the User Verification Process.

7. USER REPRESENTATIONS

7.1. By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorised purpose; and (7) your use of the Site will not violate any applicable law or regulation.

7.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Site (or any portion thereof).

8. ACCOUNT

8.1. Prohibition of multiple accounts. Except upon our prior written approval in specific cases, we allow only one Account per User. Multiple accounts for the same User are forbidden. Should another account (the “Double-Account“) be created in addition to your first account, we reserve the right to block the Double-Account and keep it locked.

8.2. Prohibition of shared Accounts. Shared or joint accounts are forbidden. Each account will be owned by one natural person or legal entity, subject to the fulfillment of the applicable requirements.

8.3. No transfer of Accounts.You may not transfer your Account (neither by sale, donation or otherwise) to any other person or entity.

8.4. Address Changes.You have to ensure that the contact information (e.g. e-mail address) you provided to us during registration is current and accurate. As long as you do not notify us about a new e-mail address, any communication from us will be sent to the previous e-mail address. Notices delivered to the previous address shall be deemed delivered to, and received by you, if we were not notified in writing of any changes to the e-mail address.

8.5. Inactive Accounts. Accounts that remain inactive for an extended period, as determined by the Company, may be subject to suspension or deactivation. Users will be notified before any action is taken regarding their Account status.

8.6. Access to the Account is secured by User login data, which must not be shared. User is responsible for all activities that are performed through an Account. The Company will not be liable for any misuse or consequences caused by the User.

8.7. Users may at any time request the cancellation of Account by sending an e-mail to [email protected]. Sending a request for the cancellation of Account is considered as a request for termination of an agreement by User, with User being no longer entitled to use the Services. The Company will immediately confirm the receipt of the request to the User by e-mail, whereby the contractual relationship between the User and the Company will be terminated. In such a case, the User is not entitled to any refund of the fees already paid or costs otherwise incurred.

9. DEMO TRADING

9.1. User activates the Challenge by opening the first demo trade in the Platform. If User does not activate the Challenge within 30 calendar days of the date on which it was made available to them, their access to it will be suspended. User can request the renewal ofaccess by sending an e-mail to [email protected] within 6 months of the initial suspension, otherwise the Company will terminate the provision of the Services without any right to a refund of the fee.

9.2. In order for the User to meet the terms of the Challenge, the User must simultaneously meet all the Challenge Conditions as set forth in the Targets & Pricing.

9.3. If the User has met the Challenge Conditions, and at the same time has not violated the Terms, the Company will evaluate the Challenge as successful and will make KYC process available to the User. The Company does not have to evaluate the Challenge if the User has not closed all trades. If the User is successful in the Challenge and successfully completes the KYC process, the User will be offered a Funded Use Service Agreement by the Company, in its sole discretion to participate in the Funding whereas the User will be able to provide trading services on behalf of the Company using the Proprietary Capital. The terms, conditions, and agreement between theUser, who participates in the Funding, and the Company, will be governed by an agreement separate to these Terms.

9.4. The Company recommending User as a candidate for the Instant Funding in no way guarantees User’s acceptance into the Funding. The Company is not responsible for User being rejected by the Funding for any or no reason.

9.5. During the Demo Trading on the Platform, Users may perform any transactions, unless these constitute forbidden trading strategies or practices within the meaning of Section 10.

9.6. Users agree to follow good market standard rules and practices for trading on financial markets (e.g., risk management rules). Restrictions may also be imposed by the trading conditions of the Platform.

9.7. Users acknowledge that the Company has access to information about the demo trades that they perform on the Platform. Users grant the Company their consent to share this information with persons/entities who are in a group with the Company or who are otherwise affiliated with the Company, and Users grant the Company and these persons/entities their consent and authorization to handle this information at their own will. Users agree that these activities may be performed automatically without any further consent, consultation, or approval on their part being necessary, and that they are not entitled to any remuneration or revenue associated with the use of the data by the Company. The Company is aware that Users do not provide the Company with any investment advice or recommendations through their Demo Trading. Users acknowledge that they may suspend their Demo Trading on the Platform at any time.

9.8. The Company bears no responsibility for the information displayed on the Platform, nor for any interruption of, or delay or inaccuracy in the market information displayed through the Account.

10. PROHIBITED ACTIVITIES

10.1. Engaging in any of the prohibited activities listed below, including but not limited to those mentioned, may result in corrective/legal actions, warnings, denial of Accounts or payouts, or permanent suspension.

10.2. Users agree not to engage in any fraudulent activities, including but not limited to, manipulating market prices, spoofing, or any behavior designed to mislead or create artificial market conditions.

10.3. Users are prohibited from using any strategies that exploit errors in the system, such as inaccurate price displays, delayed updates, or discrepancies in data feeds. This includes the use of external or slower data feeds from sources like personal broker accounts, Futures Feeds, or other platforms to gain an unfair advantage.

10.4. Coordinating trades with others, including between linked accounts of the same User or other Users, to manipulate the market is strictly prohibited. This includes activities like executing opposing positions across multiple accounts to create artificial trading activity.

10.5. Users must not use high-frequency trading (“HFT”) systems, AI-driven tools, or any mass data entry methods that manipulate or exploit inefficiencies in the system. The use of such technologies that provide an unfair advantage, such as exploiting execution speeds or order processing times, is prohibited.

10.6. Executing trades in a manner that contradicts standard financial market practices or raises concerns of financial harm to the Company, such as overleveraging, overexposure, or account rolling, is prohibited.

10.7. Users must adhere to proper risk management principles and are prohibited from manipulating lot sizes or executing small trades in an effort to artificially meet trading day requirements or bypass risk controls.

10.8. Arbitrage trading, including latency arbitrage, hedge arbitrage, reverse arbitrage, or rollover scalping arbitrage, is prohibited. These strategies exploit inefficiencies in the system rather than true market speculation.

10.9. Users are prohibited from engaging in high-frequency trading, trading within two (2) minutes of high-impact news events, or gap trading (taking advantage of market closures and re-openings).

10.10. Copy trading, mirror trading, or using third-party tools like expert advisors (“EAs”) to replicate trades among multiple Users is strictly forbidden. Users must demonstrate independent decision-making and not attempt to artificially inflate success rates through linked or replicated trades.

10.11. The use of third-party EAs designed for tick scalping, rollover scalping, or high-frequency trading strategies is prohibited. Users using third-party EAs must own the source code of the software.

10.12. Users are prohibited from engaging in excessive or unrealistic trading volume, including executing an abnormally high number of trades or using large lot sizes with minimal pip movement to artificially inflate profits.

10.13. Users must manage their risk responsibly and avoid using a disproportionate portion of their account equity on a single trade or failing to diversify their strategies. Engaging in gambling behavior, such as risking large portions of capital on a single high-stakes trade, is discouraged.

10.14. Users are prohibited from systematically retrieving data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from the Company.

10.15. Users must not circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

10.16. Users must not trick, defraud, or mislead the Company and other Users, especially in any attempt to learn sensitive account information such as their passwords; as well as attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

10.17. Users must not use any information obtained from the Site in order to harass, abuse, or harm another person; as well as attempt to impersonate another User or person or use the username of another User.

10.18. Users must not make improper use of our support services or submit false reports of abuse or misconduct; as well as harass, annoy, intimidate, or threaten any of the employees or agents engaged in providing any portion of the Services.

10.19. Users are prohibited from uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

10.20. Users must not copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; as well as decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site (except as permitted by applicable law).

10.21. Users are prohibited from using the Site to advertise or offer to sell goods and services.

11. AML

11.1. We implement AML, KYC, and KYB policies aimed to ensure our compliance with the applicable law. You are subject to these checks at any stage, particularly upon successfully passing the Evaluation Stage and as a condition for becoming a Funded User. We will ask for documentation and information, including but not limited to copies of your government-issued identification documents. We may also gather and use information about you from third parties in order to help us confirm your identity, share your information with third party services as required to determine or assess your access to any part of the Services and/or to perform AML/KYC/KYB checks. Risk assessments and our policies may change, and therefore we may restrict Accounts that have been previously approved by us.

12. SANCTIONS

12.1. We comply with the Sanctions Regime. Accordingly, our Services are not available where prohibited by a Sanctions Regime or by our internal policies as updated from time to time.

12.2. If you reside in a jurisdiction where it is forbidden by law to use the Services, you may not enter into this agreement or use the Services. By using the Services, you explicitly state that you have verified in your own jurisdiction if your use of the Services is legally allowed. Those who choose to access the Site and use the Services do so on their own initiative and at their own risk and are responsible for compliance with any local laws, if and to the extent local laws are applicable.

12.3. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you. The right to access the Site or Services will be revoked where these Terms or use of the Site or Services are prohibited or to the extent offering, sale, or provision of the Site or Services conflicts with any applicable laws, rules, or regulations.

13. INTELLECTUAL PROPERTY RIGHTS

13.1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, “Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

13.2. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged (except where the content is user-generated).

13.3. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

14. USER CONTENT

14.1. We may allow users to share content and interact with other Users on matters related to their trading activity (each: “User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, irrevocable, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media now known or hereafter developed.

14.2. Uploading User Content will be further subject to the following:

a) You are solely responsible for your User Content. By sharing content, you warrant that you own or have the necessary rights and permissions to use and authorize us to use the content as described in these Terms, and that the content does not violate any third-party rights or applicable laws. You further agree to indemnify and hold us harmless from any claims, losses, liabilities, damages, costs, and expenses (including legal fees) arising from your User Content or any violation of these terms.

b) Users are prohibited from submitting content that:

    ● Is unlawful, defamatory, obscene, or otherwise offensive

    ● Infringes on any intellectual property or proprietary rights of others.

    ● Contains viruses, malware, or other harmful code.

    ● Violates the privacy of others or contains personal information without permission.

    ● Is spam or otherwise intended to solicit or promote commercial activities without authorization.

   

c) It is further clarified that we do not endorse or assume responsibility for any User Content posted on our Site. Opinions, advice, statements, or other information provided by Users are solely those of the respective author and do not necessarily reflect our views, opinions or recommendations.

d) We reserve the right (but are not obligated) to delay publication, monitor, review, edit, or remove any User Content at our discretion and without prior notice. We mayremove content that we believe violates these terms, our policies, or any applicable laws. Moreover, we may retain User Content even after an account is deleted, as necessary to comply with legal obligations, resolve disputes, enforce our agreements, or otherwise operate our website.

14.3. If you believe any User Content on our Site violates these Terms, please contact us by sending an e-mail to [email protected] and we will investigate complaints and may remove content at our discretion.

15. SUBMISSIONS

15.1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property.

15.2. By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

16. THIRD-PARTY WEBSITE AND CONTENT

16.1. The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and that we have no control over the contents of those sites or resources.

17. TERMINATION RIGHTS

17.1. Termination for Cause. We reserve the right to terminate the entire relationship between you and us and/or suspend, block and/or restrict your access to the Services for specific functions immediately for cause, for certain reasons which include, but are not limited to, the following:

a) We reasonably believe that you are or have been convicted or accused of (including any reasonably documented media reports or market rumors on) any breach or violation of criminal, administrative or tax laws in any country or jurisdiction, e.g. fraud, terrorist financing, money laundering, tax fraud, being part of a Ponzi scheme of any kind, using matrix programs/pyramid programs/multi-level marketing or other high-risk business detrimental to customers, unlawful activity in any jurisdiction, forbidden gambling, intellectual property or proprietary rights infringement, counterfeit or unauthorized goods, using/distributing drugs and drug paraphernalia or substances designed to mimic illegal drugs, producing/distributing adult content and services.

b) official investigations (by any competent authority, in particular, but not limited to, any public prosecutors or authority in the field of criminal law, financial regulation or tax agents) against You have been initiated or threatened with respect to any breach or violation of relevant criminal, administrative, financial or tax laws in any jurisdiction. We do so in order to comply with any (i) applicable laws (in particular for AML purposes) or regulations, (ii) internal guidelines based on such laws or regulations, (iii) any order or request by a court or other competent authority, or (iv) any applicable Sanctions program.

c) You have breached any of your obligations under these Terms or Third Party Services terms and have failed to cure such breach within 10 business days from the date of notification of such breach by us.

d) If you lodge an unjustifiable complaint regarding the paid fee or dispute the paid fee with Your bank or payment service provider (e.g. through chargeback services, dispute services, or other similar services), on the basis of which an annulment, cancellation or refund of the fee or any part thereof is requested, we are entitled, at our own discretion, to stop providing You any services and refuse any future provision of any services.

e) We believe that you are using your Account for any commercial or marketing purposes (including but not limited to selling services based on teaching others how to pass the Evaluation Stage), or makes any defamatory statements or publishes harmful content about the Company or the Services, including, without limitation, the unauthorized disclosure or publication of e-mail correspondence or other private communications with the Company.

f) We reasonably believe that you are involved with a competing company or if there is a suspicion of a conflict of interest.

g) We have identified any prohibited conduct or you have breached any of the following trading rules applicable to our Services as detailed here:

    ● Use exploitation of price discrepancies or glitches within different markets of similar or identical assets, also known as Arbitrage Trading;

    ● High-frequency trading in which the majority of trades duration span is measured within a few seconds or less;

    ● Bracketing strategy by opening pending orders around high-impact news. It consists of opening buy and sell stops close to the price before the news;

    ● Intentionally or unintentionally employ trading strategies that take advantage of errors within the system;

    ● Trade coordination or copy trading with other traders or accounts;

    ● One sided-bets;

    ● Expert advisors which scalp during the rollover-night to take advantage of the price feed;

    ● Expert advisors from a third party where other traders have the same trades open;

    ● Using an expert advisors from a provider where the trader does not own the source code;

    ● Tick Scalping;

    ● Hedge Arbitrage Trading;

    ● Reverse Arbitrage Trading;

    ● Account sharing or reselling accounts with other individuals or entities;

    ● Using any software, artificial intelligence, ultra-high speed, or mass data entry which might manipulate, abuse, or give User an unfair advantage while using the Services;

    ● Otherwise performing trades in contradiction with how trading is actually performed in the applicable markets, or in a way that establishes justified concerns that the Company might suffer financial or other harm as a result of User’s activities;

    ● Using any instruments that may adversely affect the operation of the Services or that would be intended to misuse any errors, bugs, or other deficiencies of the Services;

    ● Circumventing geographical restrictions of availability or any other technical restrictions;

    ● Trading on behalf of others including but not limited to sharing any incentives as part of any business arrangement; or

    ● Engaging in other conduct which in the sole discretion of the Company, represents uncommercial activity, is intended to game the market, or otherwise is not a viable trading strategy.

    ● You use Our systems to distribute malware or other malicious code, infringe on third party right for privacy, distribute adult content, pornography or child abuse, threaten harm to persons or property or otherwise act in a manner constituting harassment, infringe any third party intellectual property or conduct any other illegal behavior act or solicit, facilitate or encourage others to do so.

   

h) You used an Account without any necessary legal authority to use such an Account.

i) You concealed your true identity or origin of funds by providing incorrect, incomplete, outdated or misleading data to us.

j) You manipulated our systems, whether manually or through any use of an automated system (e.g. bot) or any other tool or method which deviated from normal, typical and intended use of our system.

18. USE OF AUTOMATED TRADING SOFTWARE

18.1. The User may use any custom, algorithmic, or other automated trading software (collectively, “Automated Trading Software”) owned or developed by the User in connection with User’s activities subject to the following terms:

    ● User shall notify us in writing and obtain written approval prior to using any Automated Trading Software;

    ● no Automated Trading Software may be used unless we have given prior written approval for its use, which approval shall be at our sole discretion;

    ● User shall indemnify us against any claim that such Automated Trading Software infringes on the intellectual property rights of any third party and any and all claims, loss, damages, cost, and fees, including reasonable attorneys’ fees, incurred by us as a result of User’s use of the Automated Trading Software;

    ● User shall be responsible for all costs and expenses with respect to such Automated Trading Software; and

    ● User acknowledges that we may require advance testing of Automated Trading Software at our sole discretion. Notwithstanding the foregoing, we prohibit use of any Automated Trading Software owned or developed by any third party other than the User.

18.2. The use of Automated Trading Software does not guarantee the User’s success at the Evaluation Stage, Funding or Instant Funding, and our approval of any Automated Trading Software shall not be deemed as endorsement or guarantee of success.

19. SITE MANAGEMENT

19.1. You acknowledge and agree that we do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. In addition, we reserve the right, but not the obligation, to: (1) monitor the Site for violations of these; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your сontributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

19.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

20. MODIFICATIONS AND INTERRUPTIONS

20.1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

20.2. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.




21. CORRECTIONS

21.1. There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

22. RISKS

22.1. No advice or guarantees. The content provided as part of the Services should not be considered legal or financial advice. We may provide information on financial instruments, but it should not be considered as investment or financial advice and should not be construed as such. We do not offer nor provide any legal nor financial advice. We do not and cannot act as an advisor of any kind, including as to any financial, legal, investment, insurance or tax matters. Any information provided by us is for educational purposes and general information only. You are solely responsible for determining whether any of the Services are appropriate for you. You should consult with an attorney, financial or other professional to determine what may be best for your individual needs. We do not make any guarantees or other promises as to any results that may be obtained from using the Services. You should not make any decision without first consulting your personal financial advisor and conducting your own research and due diligence.

22.2. Risk of software weaknesses. While we make reasonable efforts to develop secure software, we cannot guarantee its flawless operation or protection against all potential threats. Therefore, to the extent permitted by law, we disclaim any liability for any direct, indirect, incidental, or consequential damages arising from software weaknesses, security breaches, or other related issues. By using our Services, you acknowledge and accept the inherent risks associated with software weaknesses. You understand that no software is entirely free from vulnerabilities, and you agree to use the Site and the Services at your own risk without exception.

22.3. Availability of the Site and Services. Technology-based websites and services like ours need (planned and unplanned) maintenance work and development work and that for such work interruptions of the systems (planned and unplanned) are necessary and system immanent. During the period of such interruption, the use of or access to the Site may be restricted or not possible and therefore the Services may also be temporarily inaccessible or impossible. Planned maintenance work, updates or upgrades that not only temporarily restrict the functioning of the Site or cause it to fail will be communicated to you in a suitable manner (for example, by e-mail) in a reasonable amount of time in advance, as possible. Such maintenance work will be completed as soon as possible. Unplanned maintenance work that is necessary due to technical defects or force majeure will be carried out as soon as possible.

22.4. Regulatory and legal risk. It is possible that statutory or regulatory changes will have material effects on the current setup or provision of the Services. We are committed to design, modify and/or adapt the Services in such a way that it complies with all applicable laws and regulations while at the same time retaining the flexibility for you, but cannot guarantee that no changes will be made. Certain regulatory or legal changes may result in the limitation or termination of certain Services. Accordingly, we may use our sole and absolute discretion to, among other things, reject specific applications to open Accounts, prohibit use of part or all of the Services and/or close, freeze or suspend Accounts, where we, in our sole and absolute discretion, have determined that regulatory or policy reasons prevent us from being able to offer the Services.

22.5. Risk of phishing and/or social engineering. SMS and e-mail services are vulnerable to spoofing and phishing attacks and you should use care in reviewing messages purporting to originate from us. You should always log into your Account through the client area at the website: https://the5ers.com. Phishing attacks often occur despite SMS or e-mail or equivalent services, via search engines or ads in search engines, or other fraudulent links.

22.6. Tax implications. The use of the Services may trigger tax consequences for you, including, but not limited to, being required to declare your asset portfolio, trades and profits to the competent tax authorities as well as to calculate and pay taxes triggered by Your activity. Such tax consequences often (but not always) depend on the tax laws of the jurisdiction of your permanent residence and the international tax treaties that country has ratified. You are solely responsible to comply with all national and international tax laws from time to time applicable to you by virtue of using the Services at all times and We shall not be required to inform or warn You about any existing or pending tax implications in connection with the Services and does not make any representations whatsoever in respect to any tax consequences triggered by using the Services.

22.7. Monitoring. We employ various monitoring tools and techniques to ensure the security, integrity, and compliance of the Services, inter alia, in order to ensure compliance with applicable laws, regulations, and internal policies. We may share relevant information with regulatory authorities or law enforcement agencies as required or permitted by law.

23. DISCLAIMERS

23.1. SUBJECT TO APPLICABLE LAWS, OUR SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND, “WITH ALL FAULTS” AND “AS AVAILABLE”. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE AND OUR LICENSORS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VULNERABILITIES, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; (B) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; OR (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; OR (D) THAT OUR SERVICES, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR ERRORS, THAT ITS CONTENT IS ACCURATE, THAT IT WILL BE UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.

23.2. WE MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES; (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; AND (V) ANY SECURITY BREACH, SYSTEM VULNERABILITIES OR WEAKNESSES RESULTING BY CODING ERRORS, DESIGN FLAWS ALICIOUS CODE, MALWARE, BOTS, WORMS, TROJANS, BACKDOORS, EXPLOITS, CHEATS, FRAUD, HACKS, HIDDEN DIAGNOSTICS, OR OTHER MECHANISMS TO DISABLE SECURITY OR CONTENT PROTECTION.

23.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US, OUR RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, (COLLECTIVELY, “RELEASED ENTITIES”), OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

23.4. WE DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITES OR SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY USING THE WEBSITE OR SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR SERVICES.

23.5. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A BROKER-DEALER, AND THAT WE DO NOT TRADE SECURITIES ON OUR OR ANOTHER PARTY’S BEHALF AS PART OF THE WEBSITE OR SERVICES, NOR DO WE DIRECTLY OFFER ANY FINANCIAL ADVICE AS PART OF THE WEBSITE OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY LOSSES OR GAINS THAT MAY ARISE FROM YOUR ACTIVITIES OR RELIANCE UPON INFORMATION PROVIDED THROUGH THE SITES OR SERVICES OR YOUR INTERACTION WITH OTHER USERS.

23.6. THE INFORMATION PRESENTED HAS BEEN PREPARED WITHOUT REGARD TO INDIVIDUAL INVESTMENT OBJECTIVES, FINANCIAL SITUATIONS OR MEANS. SUCH INFORMATION IS NOT, NOR IS IT INTENDED TO CONSTITUTE INVESTMENT ADVICE AND IS NOT DESIGNED TO MEET YOUR PERSONAL FINANCIAL SITUATION. MANY OF THE INVESTMENTS DESCRIBED ON OR THROUGH OUR WEBSITE OR SERVICES INVOLVE SIGNIFICANT RISKS OF LOSS, AND ANY DISCUSSION OF RISKS CONTAINED ON THE WEBSITE OR SERVICES SHOULD NOT BE CONSIDERED A COMPLETE DISCUSSION OF RISKS INVOLVED. WE RECOMMEND THAT YOU CONSULT WITH YOUR FINANCIAL ADVISERS ABOUT INVESTMENT OPTIONS AND WHETHER ANY INVESTMENT MAY BE APPROPRIATE FOR YOUR SPECIFIC NEEDS PRIOR TO MAKING ANY INVESTMENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE THE SOLE RESPONSIBILITY FOR YOUR DECISIONS AND THAT YOU SHOULD NOT RELY SOLELY ON ANY INFORMATION PROVIDED THROUGH THE WEBSITE OR SERVICES WITH REGARD TO ANY DECISIONS YOU MAKE.

23.7. THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE OR SERVICES IS NOT TO BE CONSTRUED AS AN OFFER TO BUY OR SELL, OR THE SOLICITATION OF AN OFFER TO BUY OR SELL, ANY SECURITY, FINANCIAL PRODUCT, OR INSTRUMENT, OR TO PARTICIPATE IN ANY PARTICULAR TRADING STRATEGY.

23.8. THE COMPANY RESERVES THE RIGHT TO REQUIRE FUNDED USERS TO APPLY SPECIFIC RISK PARAMETERS TO ACCURATELY ASSESS RISK WITHIN THEIR ACCOUNTS. THESE PARAMETERS MAY INCLUDE, BUT ARE NOT LIMITED TO, LEVERAGE LIMITS OR POSITION SIZE CONSTRAINTS. IT IS IMPORTANT TO NOTE THAT THESE REQUIREMENTS MAY BE TEMPORARY IN NATURE AND SUBJECT TO PERIODIC REVIEW AND ADJUSTMENT BY THE COMPANY AS NECESSARY.

24. LIMITATIONS OF LIABILITY

24.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

24.2. We only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

24.3. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

25. USER DATA

25.1. We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

26. CONFIDENTIALITY

26.1. We have devoted a substantial amount of time and effort, and have incurred substantial costs, in developing its trading methods, systems, metrics, feedback, educational materials, training content and strategies made available to the User on the Site (“Confidential Information”). User agrees that Confidential Information is, in fact, confidential and proprietary to us and made available to the User subject to these terms and solely as part of the Services.

26.2. User shall not, without our prior written consent, except as required by any court, supervisory authority, or administrative agency, use or disclose Confidential Information to any person, other than an employee or our agent or a person to whom disclosure is reasonably necessary or appropriate in connection with the performance of User’s activities.

26.3. In the event User is required to disclose Confidential Information User shall immediately send notice to us of all facts and circumstances surrounding such disclosure including, but not limited to, what Confidential Information was disclosed, to whom such disclosure was made, and the purpose such disclosure was required.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

27.1. Visiting the Site, sending us e-mails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

28. GOVERNING LAW & DISPUTES RESOLUTION

28.1. Applicable Law. These Terms, as well as any disputes or claims arising from or related to the use of the Company’s Services, shall be governed and interpreted in accordance with the laws of the jurisdiction in which the Company operates. Users acknowledge that any legal rights or obligations shall be subject to the applicable laws and regulations governing proprietary trading and financial services within that jurisdiction.

28.2. Dispute Resolution Process. Any disputes arising from the use of the Company’s Services shall be resolved in accordance with the following procedures: (1) Mediation: In the event of a dispute, the parties shall first attempt to resolve the matter amicably through mediation facilitated by a neutral third party, (2) Arbitration: If mediation fails to achieve a resolution, the dispute shall be referred to binding arbitration, conducted in accordance with the rules of a recognized arbitration body chosen by the Company. The arbitration shall take place in the jurisdiction of the Company’s registered office, (3) Exclusion of Class Actions: Users agree to waive the right to participate in any class-action lawsuits against the Company and shall instead resolve disputes on an individual basis.

28.3. Jurisdiction of Legal Proceedings. Should legal action be necessary, the competent courts within the Company’s jurisdiction shall have exclusive authority to settle disputes, except where arbitration is mandated. Users acknowledge that by accepting these Terms and Conditions, they submit to the exclusive jurisdiction of these courts. By using the Services, users agree to comply with these governing law and dispute resolution provisions, recognizing that alternative legal forums are expressly excluded unless mandated by applicable laws.

29. MISCELLANEOUS

29.1. These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

29.2. In the event that these Terms are made and published in various languages, and in case of a dispute or any discrepancies, the English language version of the Terms shall prevail.

29.3. In case of any conflict between the content on the Website and the Terms, the Terms shall prevail.

30. CONTACT US

30.1. This Site is operated by Supertrade Ltd., a company registered in Saint Lucia under company number 13719951 and registered office at Top Floor, Rodney Court Building, Rodney Bay, Gros Islet, Saint Lucia.

30.2. To contact us, please e-mail [email protected]