Terms of service agreement


These terms of use hereby governs the relationship between you, the Client (“you” or the “Client”), and us, U-Crypto (“us”, “we”, or the “Company”). When you use the Company’s services (the “Services”), this Terms of service Agreement (the “Agreement”) shall apply to such use to such extent as is applicable to the circumstances.

In addition to the Agreement and the Privacy Policy that you should review, your use of the Company’s services is strictly subject to all additional rules which may apply from time to time to the services which you are using, including but not limited to AML Policy and KYC Policy in each case as updated from time to time.

By accessing, viewing or downloading information from the Website and using the Service provided by U-Crypto you acknowledge that you have read, understand, and unconditionally agree to be bound by this Agreement. U-Crypto may at any time, without notice, amend the Agreement. You agree to continue to be bound by any amended terms of service and that U-Crypto has no obligation to notify you of such amendments. You acknowledge that it is your responsibility to check this Agreement periodically for changes and that your continued use of the Website and Services offered by Agreement following the posting of any changes to the Agreement indicates your acceptance of any such changes. Any modified version of this Agreement will take effect immediately after its publication and your continued use of the Company’s Services will be deemed to constitute your acceptance of the changes to this Agreement.

The Website and the copyright in all text, graphics, images, software and any other materials on the Website is owned by U-Crypto including all trademarks and other intellectual property rights in respect of materials and Service on the Website. Materials on this Website may only be used for personal use and non-commercial purposes.

1. Access conditions

1.1 By registering with the Company or by using the Company’s services, you agree to be bound by this Agreement in its entirety and without reservation. As such, this Agreement constitutes a binding legal document between you and the Company and this Agreement shall govern your use of our services at all times.

1.2 The Company’s software (the “Software”), allows you to use our trading services (the “Services”). The Company reserves the right to suspend, modify, remove or add to the Site or Site Content (as such terms are defined below), the Company’s platform or the Services in its sole discretion with immediate effect and without notice. The Company shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against the Company in such regard.

1.3: By registering with the Company, you represent and warrant that:
- You have accepted the terms of this Agreement
(a) All registration information you submit is truthful and accurate;
(b) You will maintain the accuracy of such information;
(c) You are at least 18 years of age or at the age of legal consent for engaging in the activities included in the Services under the laws of any jurisdiction, whichever is higher (“Legally of Age”) or else, have your parents’ or guardians’ permission to enter into this Agreement, or otherwise have the legal capacity to form a binding contract;
- You are the legal owner of the funds you add to your account with U-Crypto and that the same funds derive from a legitimate source;
(d) Your use of the Company’s services does not violate any applicable law or regulation or any obligation you may have to a third party.
(e) that you are aware of the risks in using the services provided by the Company. These risks include the high volatility risk of cryptocurrencies itself, the fact that you may lose all of the funds in your trading account if the market moves against you;
(f) that you will not be involved or initiate any form of market manipulation, including but not limited to spoofing orders or otherwise;
(h) that any Bitcoin withdrawal address you provide is your own and that you have full control over this address;
(i) that you are not a resident of any jurisdiction where the services offered by U-Crypto are restricted. If it is determined that you have given false representation as to your place of residence, U-Crypto reserves the right to close your account immediately and liquidate any open positions at the prevailing market price.

1.4: We impose certain trading limits before you are required to conduct Customer Due Diligence (CDD). You agree to cooperate with us in this process and will provide all documentation/information that we may require to satisfy ourselves of your identity and the purpose of the business relationship.

1.5. We reserve the right to verify your registration details, such as name, address, age, and payment methods used, at any time, by requesting certain documents. These documents shall typically include an identity card, passport or driver’s license, proof of address such as a utility bill, and proof of your payment method. If deemed necessary, we may request that the said document copies are notarized, meaning that the documents are stamped and attested by a Public Notary. In the event our requests for documents are not completed by the member, the Company may at its sole discretion terminate the account, and withhold any funds that are present therein. Should the documents fail our internal security checks – for example, if we suspect that they have been tampered with, or are in any way provided to mislead or misrepresent – we shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of our findings with regards to these documents.

1.6. We reserve the right to perform background checks on any member, for any reason, including (but not limited to) any investigation into the identity of the member, any credit checks performed on the member, or any enquiries into the member’s personal history. The basis for such investigations will be dependent on the specific case, but could include (but is not limited to) verification of the member’s registration details, such as the name, address and age, verification of the member’s financial transactions, and verification of the member’s trading activity. The Company is under no obligation to advise the member of such an investigation taking place. Such activities may include the use of specific third party companies, who perform the investigations as required. The Company may decide at its sole discretion to block a member’s account and withhold all funds on the basis of such an investigation and its positive outcome for the Company.

1.7: You accept that we may freeze any account in the event that we suspect or have reason to believe you are engaged in suspicious trading or other activity or have breached any of the above and below warranties. This may result in the unwinding of any trades you have entered into. We expressly exclude any losses or profits you would have made as a result of us closing your trade positions early or you not being able to trade with U-Crypto and you agree to indemnify us completely against any third party action resulting from your conduct or us having to close your positions early. Whilst your account is frozen, we will conduct an investigation and may require you to cooperate with our enquiries. During the investigation stage you will not be able to make deposits or withdrawals to your account nor will you be able to trade. At the end of the investigation we may, at our own discretion, decide to close your account for which we are not required to provide you with any reasons for the same.

1.8. It is our responsibility to maintain an orderly market and as such we may at our own discretion halt trading on the Website due to market disruption or other relevant external events. We exclude all liability for any claimed losses or profits lost as a result of us halting trading.

2. Intellectual Property

2.1. The Company hereby grants you the non-exclusive, non-transferable, non-sub-licensable right to use the Software and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights therein, in connection with the Services in accordance with this Agreement. The Software’s code, structure and organization are protected by intellectual property rights.
You must not:

2.1.1. copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise;

2.1.2. sell, assign, sublicense, transfer, distribute or lease the Software;

2.1.3. make the Software available to any third party through a computer network or otherwise;

2.1.4. export the Software to any country (whether by physical or electronic means); or

2.1.5. use the Software in a manner prohibited by applicable laws or regulations (together the “Prohibited Activities”).

2.2. You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide the Company with reasonable assistance with any investigations it may conduct in light of the information provided by you in this respect.

2.3. The brand names relating to the Company’s trading platform and any other trademarks, service marks and trade names used by the Company either on its own behalf or together with its partners from time to time (the “Trademarks”) are the trademarks, service marks and trade names of the Company or one of its group companies or its licensors or its partners and these entities reserve all rights to such Trademarks.

2.4. In addition to the rights in the Trademarks, the Company (or one of its group companies, licensors or partners) own the rights in all other content, including but not limited to the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text available via the Software or on the Internet (the “Site Content”) and the Site Content is protected by copyright or other intellectual property rights.

2.5. You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the web site.

2.6. You hereby acknowledge that by using the Services or the Software you obtain no rights in the Trademarks or the Site Content and you may only use the same in complete accordance with this Agreement

3. Warranties and Representations

In consideration of the rights granted to you to use the Services and the Software, you represent, warrant, covenant and agree that:

3.1 You are Legally of Age as defined in this Agreement, you are of sound mind and you are capable of taking responsibility for your own actions.

3.2 All details provided by you to the Company either during the registration process or at any time thereafter, including as part of any payment deposit transaction, are true, current, correct and complete and match the name(s) on the credit/debit card(s) or other payment accounts to be used to deposit or receive funds in your account.

3.3 Without derogating from the aforementioned, should you use a credit/debit card or any other form of payment which is not in your private and personal name, we will presume that you have received complete and sufficient consent from the rightful owner or the person whom name is used on such payment instrument to make use of such payment instrument for the purposes herein, prior to your engagement with us. We shall not be obligated in any manner to examine such consent and shall bear no responsibility with respect to your representations hereunder. You will promptly notify us of any changes to details previously provided by you to the Company.

3.4 From time to time you may be requested to provide us with certain documents to verify the details of the credit card used by you to deposit money to your account. Depending on the outcome of these verification checks you may or may not be permitted to deposit further monies with the credit card previously used by you. Should any of the information that you provide to us be untrue, inaccurate, misleading or otherwise incomplete, you will be in breach of contract and we reserve the right to terminate your account immediately and prevent you from using the Software or the Services, in addition to any other action that we may choose to take.

3.5 If you are registering as or for a business entity, you hereby declare that you have the authority to bind that entity to this Agreement.

3.6 Your account with the Company is solely for your benefit. You shall not allow any third party (including a relative) to use your account, password or identity to access or use the Services or the Software and you shall be fully responsible for any activities undertaken on your account by a third party. You will not reveal your account username or password to any person or business entity and you shall take all steps to ensure that such details are not revealed to any person. You shall inform us immediately if you suspect that your account is being misused by a third party or any third party has access to your account username or password so that we may investigate such matter, and you will cooperate with us, as we may request, in the course of such investigation.

3.7 You are responsible for the security of your username and password on your own PC or internet access location. If this username password combination is “hacked” from your computer, due to any viruses or malware that is present on the computer that you access your account with, this is your responsibility. You should report any possible hacking attempts or security breaches from your computer terminal immediately to the Company.

3.8 You have verified and determined that your use of the Services does not violate any laws or regulations of any jurisdiction that applies to you.

3.9 You fully understand the methods, rules and procedures of the Services and cryptocurrencies trading in general. Furthermore, you have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of trading in cryptocurrencies and acquiring financial contracts via this Site and have done so without relying on any information contained in this Site.

3.10 You will not commit any acts or display any conduct that damages the reputation of the Company.

3.11 You are fully aware that there is a risk of losing money when trading in cryptocurrencies and acquiring financial contracts by means of the Services and you are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion and risk. In relation to your losses you shall have no claims whatsoever against the Company or any of its partners or their respective directors, officers or employees.

3.12 You acknowledge that in registering and using the Services you have to provide us with certain personal details about yourself (including details regarding your methods of payment). We shall handle all information provided by you diligently and we will not disclose such information to third parties except as provided for in the Privacy Policy. We urge you to read the Privacy Policy to ensure that you agree with our policies in relation to how your information is handled.

3.13 You shall use our Internet site (the “Site”), the Services and the Software in complete accordance with the terms and conditions of this Agreement and each of the Additional Rules, all as amended from time to time, and you shall abide by all of the rules and instructions for engaging in the financial activities that comprise the Services.

3.14 You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any amounts paid to you, as the Company does not, in general, collect tax on behalf of any authority in any form or manner . Notwithstanding the foregoing and without derogating from your sole and entire responsibility to perform tax payments, you agree that the Company may deduct tax, as may be required by the applicable law, but is not obligated to do so, from the results of the activity with the Company. You are aware that amounts that may be withdrawn by you from your account are “gross amounts”, from which the Company may deduct such taxes, and that you shall have no claim towards the Company with regard to such deductions.

3.15 You are solely responsible for any telecommunications networks and Internet access services and other consents and permissions required in connection with your use of the Software and the Services. You shall be responsible for all access and service fees necessary to connect to the Site and assume all charges incurred in accessing such systems. You further assume all risks associated with the use and storage of information on your personal computer or on any other computer through which you will gain access to the Site and the Services.

3.16 You have implemented and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.

3.17 You will not transmit to or in any way, whether directly or indirectly, expose the Company or any of the Company’s online service providers to any computer virus or other similarly harmful or inappropriate material or device.

3.18 You agree to use the information received from the information systems of the Company for the sole purpose of executing transactions inside and within the Site.

3.19 You shall not to use any electronic communication feature of a service on the Site for any purpose that is unlawful, tortuous, abusive and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.

3.20 You shall use the Services and the Software only in good faith towards both the Company and other users of the Services. In the event that the Company deems that you have been using the Services or the Software in bad faith the Company shall have the right to terminate your account with the Services and any other accounts you may hold with the Company and the Company shall be entitled to retain all monies therein. You hereby expressly waive any future claims against the Company in such regard.

4. Prohibited Uses of the Site and Services; Indemnification

4.1 You declare that the source of funds used by you on the Site is not illegal and that you will not use the Services in any way as a money transfer system. You will not use the Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to you. If the Company has a suspicion that you may be engaging in or have engaged in fraudulent, abusive, unlawful or improper activity, including, without limitation, money laundering activities or engaging in a transaction out of market rates, or conduct otherwise in violation of this Agreement, your access to the Services may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund to you any funds that may be in your account. In addition to terminating your access to the Services and blocking your account, the Company reserves the right to prevent you from accessing any of the Company’s other websites or servers, or accessing any other services offered by the Company. The Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together “Interested Third Parties”) of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with the Company to investigate any such activity.

4.2 We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Services or Software. You shall not break into, access or attempt to break into or access or otherwise circumvent the Company’s security measures. If, the Company believes, in its sole discretion, that you are in breach of this clause, the Company may terminate your access to the Services immediately and/or have your account blocked, and the Company may inform Interested Third Parties of your breach of this clause.

4.3 You agree that you will not do any of the following while using or accessing the Site, Services, the Company’s trading platform or the Site Content:

- 4.3.1 Interfere with or disrupt (or attempt to interfere with or disrupt) any web page available at the Site, servers, or networks connected to the Site, or the technical delivery systems of the Company’s providers, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

- 4.3.2 Attempt to access, search, or meta-search the Site or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by the Company or other generally available third-party web browsers, including without limitation any software that sends queries to the Site to determine how a website or web page ranks; or

- 4.3.3 Use, launch, or permit to be used any automated system, including without limitation “robots”, “crawlers” or “spiders”.

4.4 You agree to defend and indemnify the Company and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, the Company’s platform, or the Services; (ii) your violation of any of the terms of this Agreement; or (iii) any improper or illegal use of your account.

5. Your account

5.1 You are responsible for ensuring that you alone control access to your account, and that no minor or other person is granted access to trading on the Site using your account.

5.2 We take no responsibility for any third party access to your account and under no circumstances shall the Company be liable for any losses incurred by you as a result of misuse of your password by any person or for any unauthorized access to your account. In any case, all positions traded on your account and credit card transactions entered into the Site for your account, where your user name and password have been entered correctly, will be regarded as valid, whether or not authorized by you.

5.3 Accounts in which there have been no Transactions (trading / withdrawals / deposits), for a set period of 12 months, will be considered by the Company as being dormant accounts. Such dormant accounts will be charged an annual maintenance fee of US$25 or the full amount of the free balance in the account if the free balance is less than US$25. There will be no charge if the free balance is zero. Consequently, all accounts with a zero free balance will be closed.

5.4 The Company may, at any time, set off any positive balances in your account against any amount owed by you to us.

5.5 You may only have one Account. You may not share an Account with any other person or entity. If you wish to open more trading accounts you should contact your account manager. If the Company have reasonable grounds that an Account have been opened with the intention to fraud or/and multiply accounts have been created without approve of account manager, the Company reserve the right to cancel any transaction related to that Account

6. Service performance

6.1 The Company offers its Clients different types of spreads according to the type of the account. The default spread is a floating market spread that depends on the market situation on crypto exchanges

6.2 The stop-out level is the level where open positions will be closed automatically in order to prevent further losses and entering an account to the negative balance. The stop-out level is calculated as: the real funds on your account at the given moment of time taking into account the opened (floating) loss and/or profit positions/ financial result of the trading account without taking into account the opened positions*100%. The default stop-out level on the web-platform is equal to 0%

6.3 The company reserves the right to change the stop-out level in its sole discretion without notice with immediate effect due to the market conditions.

6.4 The thresholds of minimum and maximum sizes of lots depend on the type of the account, as specified in the web-site of the Company. We reserve a right to change the thresholds of minimum and maximum sizes of lots in our sole discretion.

6.5 We reserve the right to cancel, roll-back and/or close any Transactions which we determine, in our sole discretion, to be made in violation of this Agreement (including the Use Restrictions). Without limiting the foregoing, if we believe that you have made repeated Transactions in violation of this Agreement (including the Use Restrictions), we may cancel, roll-back and/or close all your Transactions

6.6 You acknowledge and agree that in the event that any Transaction is completed at prices that do not reflect actual market prices due to any reason, including an undetected programming error or glitch or any other reason which results in a mispricing, we reserve the right to cancel or roll-back such Transactions.

6.7 The Clients have the possibility to execute trading operations on the phone during the trading hours.

7. Deposits/withdrawals

7.1 We reserve the right to use third party electronic payment processors or financial institutions to process payments made by and to you in connection with your use of the Services. To the extent that they do not conflict with the terms of this Agreement, you agree to be bound by the terms and conditions of such third party electronic payment processors or financial institutions.

7.2 If at any time we allow you to make a Deposit in any base currency other than United States Dollars (“USD”), you acknowledge and understand that you may be charged additional amounts to cover exchange rates or other fees

7.3 In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity or attempted fraudulent activity (including any charge-back or other reversal of a payment), we reserve the right to immediately block a user’s account, terminate a user’s account, seize the funds within a user’s account, refund to users only their initial deposits, reverse any pay-out made and recover any pending balance. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, take legal action against a user, and may employ collection services to recover payments. However, under no circumstances shall the Company be liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.

7.4 Each user of the Service is fully responsible for paying all monies owed to the Company. You agree that you will not make or attempt to make any charge-backs, or deny or reverse any payment that you have made and you will reimburse the Company for any charge-backs, denial or reversal of payments you make and any loss suffered by the Company as a consequence thereof. The Company may, at its sole discretion, cease to provide the Services or withhold payment to certain users or to users paying with certain credit cards.

7.5 The funds credited to your account will be deposited into the Company bank accounts and credit organizations on the territory of European countries (not in offshore zones) and may not be segregated from other funds, including our own funds or the funds of other users of the Service. You acknowledge and agree that we will not pay you any interest on the funds that you have deposited into your Account. You acknowledge and agree that we may use your funds in any manner until such time as it is withdrawn by you in accordance with this Agreement.

7.6 You may submit a request for a withdrawal of funds in your Account (a “Withdrawal”). The Company reserves the right to execute a Withdrawal in any reasonable form in our sole discretion in accordance with our policies and anti-money laundering regulations. Unless otherwise consented to by us in our sole discretion, any funds from a Withdrawal must be deposited directly into the same method in which the original funds were deposited into your Account (i.e., funds deposited into your account by wire transfer may only be withdrawn by depositing it back into the same bank account which made the wire transfer).

7.7 The minimum withdrawal amount is $50. In the case of less than 5 independent trades were made, the Account will be charged for an additional fee of 10% of the withdrawal amount.

7.8 We may request additional documentation supporting your authentication, prior to the execution of a withdrawal order, according to the regulations of the Anti Money Laundering institutions or credit card companies. In such case the information and documentation provided by the Client is a prerequisite for execution of a withdrawal order.

7.9 We may, in our sole discretion, refuse to process a Withdrawal request or place a payment hold on any part of all of your funds in your Account for any reason, including if we have a reasonable suspicion that you have breached this Agreement.

8. Promotions and bonuses

8.1 All promotions, bonuses or special offers are subject to specific terms and conditions and any pending or/and complimentary bonus credited to your account must be used in adherence with such terms and conditions. We reserve the right to withdraw any promotion, bonus or special offer at any time.

8.2 In the event that the Company believes a user of the Service is abusing or attempting to abuse a bonus or other special offer, or is likely to benefit through abuse or lack of good faith from a policy adopted by the Company, then the Company may, at its sole discretion, deny, withhold or withdraw from any user any bonus or special offer, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user’s access to the Services and block that user’s account.

8.3 In the event that the Company deems in its sole discretion that you have been taking unfair advantage of the Company’s bonuses or have executed any other act in bad faith in relation to a bonus offered on the Site, the Company shall have the right to block or terminate your account with the Company and in such circumstances, the Company shall be under no obligation to refund to you any funds that may be in your account other than your original deposit amounts.

8.4 For further information on the Company’s policy with regard to bonuses please refer to our “Promotions” section.

8.5 All bonuses presupposes the following volume of trade by the client. Each $1,000 of bonus money the volume of trade must reach:
$10,000,000 volume of trade for each bonus $1,000 for the total bonus of up to $10,000;
$20,000,000 volume of trade for each bonus $1,000 for the total bonus of $10,000 to $30,000;
$30,000,000 volume of trade for each bonus $1,000 for the total bonus of more than $30,000.

8.6 The withdrawal of the bonus and the income from trading activities is not allowed until the volume of trade is reached. When the volume of trade is reached, the whole balance of the account together with the bonuses, deposits and income can be withdrawn without any limitations. There are no time limits for reaching the volume of trade for the bonus.

8.7 In case the Client withdraws the money from the account before he/she fulfills the conditions on the volume of trade for the bonus, all the opened positions on the Client’s account are closed and the money left on the account of the client is cleared in accordance with the following formula:
Account balance = current account balance – the amount of the bonus/es provided – total income obtained by the client since the time the bonus was activated for all closed positioned which were opened after the bonus had been activated (positive total income only).

8.8 Advance bonus - The given bonus is provided by the Company to the clients upon the agreement with the clients before the clients deposit their accounts, but on the condition of further depositing the account by the clients.
When such a bonus is provided, the Company and the client agree upon:
- the amount of the bonus;
- the terms when the client shall deposit the account (if this issue is not agreed upon, the client and the company define this term as 7 calendar days);
- the sum that the client shall deposit his/her account with. If the client does not deposit the account with the necessary some of money and in due time, the Company has the right to debit the advance bonus provided, as well as the whole amount of income, which was obtained with the help of the Client’s account during the time period from the provision of the advance bonus till debiting the bonus money by the Company.
Until the client deposits the account with the agreed sum of money or until the bonus is debited by the Company, the client’s account is blocked by the Company.

8.9 In case there are any suspicions of the fraud with the purpose to reach the necessary volume of trade or use of the bonus, the trading account of the client can be adjusted.

9. Warranties; Limitations of Liability

9.1 The Services and the Software are provided “as is”. The Company makes no warranty or representation, whether express or implied (whether by law, statute or otherwise), including but not limited to implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy of the Services or the Software or infringement of applicable laws and regulations. The entire risk as to the use, quality and performance of the Software lies with you.

9.2 The Company makes no warranty that the Software or Services will meet your requirements, be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the software or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by you through the Services.

9.3 In the event of systems or communications errors, bugs or viruses relating to account settlement or other elements of the Services or resulting in loss of data by you or any other damage to your computer equipment or Software, the Company shall in no way be liable to you and the Company reserves the right to void transactions in question and take any other action to correct such errors save that the Company is not required to provide any back up network and/or systems or similar Services.

9.4 The Company shall not be liable for any acts or omissions made by your internet service provider or other third party with whom you have contracted to gain access to the server that hosts the site.

9.5 Without limiting the foregoing, the Company will not be responsible for an impossibility to execute orders and requirements due to failures in the operation of informational systems caused by technical faults, which are beyond its control.

9.6 You agree that you are free to choose whether to use the Services and do so at your sole option, discretion and risk.

9.7 The Company shall not be liable to you or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your, or any third party’s, use of the Software or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated profits), business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).

9.8 The Company shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use, of any link contained on the Site. The Company is not responsible for the content contained on any Internet site linked to from the Sites or via the Services.

9.9 You confirm that the Company shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Software or the Services.

9.10 Nothing in this Agreement will operate so as to exclude any liability of the Company for fraud, death or personal injury that is caused by the Company’s negligence.

9.11 You agree that, in the event that the Software or Services fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person’s misuse of the Site or its contents or any error or omission in content or any other factors beyond our control:

- 9.11.1 the Company will not be responsible for any loss, including loss of profits, that may result; and

- 9.11.2 if any transaction opened or closed at prices that do not reflect its market prices (the “mispricing”) due to an undetected programming error, bug, defect or glitch in the Site, the Software or any other reason resulting in mispricing, the Company reserves the right to cancel such transactions upon notifying you of the nature of the computer error that led to such mispricing. You have a duty to report to the Company any problem, error or suspected system or other inadequacies that you may experience.

10. Disputes

10.1 You understand and agree that (without prejudice to your other rights and remedies) the Company records shall be the final authority in determining the terms of your use of the Services and you shall have no right to dispute the Company’s decisions in regard to such matters.

10.2 No claims or disputes will be considered more than seven (7) days after the date of the original transaction and all claims or disputes should be raised with the customer service department at [email protected]

11. Duration and Termination

11.1 This Agreement shall come into force immediately upon your completion of the registration process with the Company and shall continue in force unless and until terminated in accordance with its terms.

11.2 The Company reserves the right to suspend the operation of the Site or any part or sections of it. In such an event, the Company may, at its sole discretion (with or without notice), close out the customers’ open financial contracts at prices it considers fair and reasonable at such a time and no claims may be entertained against the Company in connection thereto.

11.3 We may terminate this Agreement and your account (including your username and password) immediately without notice:

- 11.3.1 if for any reason we decide to discontinue to provide the Services in general or specifically to you;

- 11.3.2 if we believe that you have breached any of the terms of this Agreement;

11.3.3 if your use of the Services has been in any way improper or breaches the spirit of this Agreement;

- 11.3.4 if your account is associated in any way with any existing account that has been terminated. If your account is associated with, or related to, existing blocked accounts, we may terminate your account, irrespective of the nature of this relationship, and the registration details provided on said accounts; or

- 11.3.5 for any other reason we see fit. Save for as otherwise provided herein, on termination of this Agreement any balance in your account will be returned to you within a reasonable time of your request, subject always to our right to deduct any amounts owed by you to us.

11.4 You may terminate this Agreement and your account (including your username and password) at any time by sending an email to us at [email protected], such termination to take effect upon the Company terminating your account (including username and password), which shall occur within 7-10 business days after receipt by the Company of your email on our servers in Ireland, provided that you shall remain responsible for any activity on your account between sending us an email and the termination of your account by the Company. In the case that your account has a remaining balance, you will be refunded the remaining balance within 7-10 business days following the request. Please note that in the case you have a bonus, the terms of the bonus will be applied. Please refer to the bonus policy to further understand bonus terms and conditions.

11.5 On termination of this Agreement you shall:

- 11.5.1 discontinue the use of the Software and the Services;

- 11.5.2 pay all amounts due and owing to the Company; and

- 11.5.3 remove and permanently delete the Software from your computer equipment and destroy all related documentation in your possession, custody, power or control.

11.6 The right to terminate this Agreement given by this clause shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

11.7 Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under this Agreement.

11.8 In the event of our termination of this Agreement on account of your breach of this Agreement (including the Additional Rules) the Company will be under no obligation to refund to you any funds that may be in your account and you shall have no claims against the Company in such regard. Further, you will not be able to open an account with the Company again without our express permission.

12. Recordings

You agree and acknowledge that all conversations between you and the Company staff may be recorded without a previous warning. You agree and acknowledge that these recordings and the transcriptions could be used as an evidence in any further dispute.

13. Email and SMS newsletter agreement

You agree to receive the information from the Company in the form of emails, phone calls and SMS to the phone number that you have transferred us. You can unsubscribe from the information from the Company at any time by sending an email to [email protected] or contacting to your account manager.

14. Force Majeure.

We shall not be responsible for reasonable delay or failure in performance of any obligation pursuant to this Agreement caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war or other causes beyond our reasonable control (collectively, “Force Majeures”). In the case of Force Majeures, we may, in our sole discretion, terminate or suspend the Service and/or cancel, close and/or reverse any open Transactions.

15. Governing Law

This Agreement and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of Ireland and you irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of Ireland to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, this Agreement or otherwise arising in connection with this Agreement.

16. Language Discrepancies

This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.