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.

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

“ Access Fee ” means a non-refundable fee that User must pay for access to the Platform, including but not limited to participate in a trading challenge. The Access Fee grants the user temporary access to a simulated trading environment where they can undergo evaluation for potential funding. The fee does not constitute an investment, deposit, or payment toward a financial product. Access Fee could be checked on the Fees and Payment Terms page.

“Evaluation stage” means a simulated training environment where we evaluate your performance for the opportunity to become a Funded User based on your trades. During the Evaluation stage, you will be granted access to certain tools for simulated trading, analytical tools, training and educational materials, and other ancillary services.

“Forbidden Territory” means any jurisdiction where our Services are not available. For further information, please refer to the following link: https://supertrade.com/en/disclaimers

“Funded Account” means an account granted upon successful completion of the Evaluation stage, allowing User to trade with proprietary capital under the terms that are subject to a separate agreement between the Company and User.

“Funded User” means User who successfully completed the Evaluation stage and 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.

“Intellectual Property” means any and all worldwide intellectual property rights, whether registered or not, as outlined in the Section 6.

“KYC” and “KYB” stands for Know Your Customer/Business, which means the process of a business verifying the identity of its clients, their UBOs, and assessing potential regulatory risks of the business relationship.

“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 User.

“Sanctions Regime” means 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;

- the State of Israel; and

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

2.SERVICES

The Company provides access to proprietary trading simulations, evaluation programs, trading challenges, and funded trading programs designed for Users seeking funding based on their trading performance. The Company does not provide direct investment services, financial advisory, asset management, or brokerage services. The Services are intended strictly for educational and evaluative purposes, offering Users the opportunity to showcase their trading skills under simulated or proprietary-funded conditions.

3.ELIGIBILITY

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

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

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.

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. The services offered on this Site are intended for personal use only. Registration and use of the services are not permitted using company details or any other legal entity. 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.

4.AML

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.

5.SANCTIONS

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

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.

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.

6.INTELLECTUAL PROPERTY RIGHTS

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.

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).

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

7.REGISTRATION PROCESS

7.1. 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, email 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.

7.2. User Verification Process. After completing the Evaluation stage and in order to become a Funded User, you have to verify your Account (“User Verification Process“). 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.

7.3. 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).

7.4. After having successfully registered an Account You may log in to the Site and access the Services.

7.5. 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.

8.USER REPRESENTATIONS

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.

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).

9.ACCOUNT

9.1. 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

9.2. 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

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

9.4. 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.

9.5. Inactive Accounts. Accounts that remain inactive for an extended period, as defined by the Company’s inactivity policy, may be subject to suspension or deactivation. Users will be notified before any action is taken regarding their account status.

10.PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

- 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.

- Use any information obtained from the Site in order to harass, abuse, or harm another person.

- Make improper use of our support services or submit false reports of abuse or misconduct.

- Use the Site in a manner inconsistent with any applicable laws or regulations.

- Engage in unauthorised framing of or linking to the Site.

- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, web scraping robots, or similar data gathering and extraction tools. This includes using (or permitting, authorising or attempting the use of): any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same and any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

- Delete the copyright or other proprietary rights notice from any Content.

- Attempt to impersonate another user or person or use the username of another user.

- Upload or transmit (or attempt 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”).

- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

- Use a buying agent or purchasing agent to make purchases on the Site.

- Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

- Use the Site to advertise or offer to sell goods and services.

11.USER CONTENT

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

а) 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 may remove 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.

If you believe any User Content on our Site violates these Terms, please contact us and we will investigate complaints and may remove content at our discretion .

12.SUBMISSIONS

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.

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.

13.THIRD-PARTY WEBSITE AND CONTENT

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.

14.TERMINATION RIGHTS

14.1. 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 email 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 (collectively, the “Trading Rules“):

- 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.

15.USE OF AUTOMATED TRADING SOFTWARE

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.

The use of Automated Trading Software does not guarantee the User’s success at the Evaluation of Funded stage and our approval of any Automated Trading Software shall not be deemed as endorsement or guarantee of success.

16.SITE MANAGEMENT

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.

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.

17.MODIFICATIONS AND INTERRUPTIONS

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.

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.

18.CORRECTIONS

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.

19.RISKS

19.1. 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.

19.2. 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.

19.3. 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 email) 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.

19.4. 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.

19.5. Risk of phishing and/or social engineering. SMS and email 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.

19.6. 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.

19.7. 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.

20.DISCLAIMERS

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.

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.

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.

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.

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.

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.

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.

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.  

21.LIMITATIONS OF LIABILITY

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.

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.

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.

22.USER DATA

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.

23.CONFIDENTIALITY

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.

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. 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.

24.ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, 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 email 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.

25.GOVERNING LAW & DISPUTES RESOLUTION

25.1 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.

25.2 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.

25.3 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.

26.MISCELLANEOUS

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.

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.

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

26.CONTACT US

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.

To contact us, please email [email protected].