This Client Agreement (the “Agreement”) is entered by and between HRB242418, Adolf-Kolping-Straße 16, 80336 München, Germany (hereinafter, the “Company”) and the user (the “Client) of https://stscrypto.com (the “Website).
The Client confirms that he/she has read, understood and accepted all information, terms, and conditions set out on the Website, including important legal information.
The terms of this Agreement shall be considered accepted unconditionally by the Client upon the Company’s receipt of a payment by the Client. As soon as the Company receives the Client’s payment, every operation made by the Client on the Trading Platform shall be subject to the terms of this Agreement and other documentation/information on the Website.
The Client hereby acknowledges that each and every Operation, activity, transaction, order and/or communication performed by him/her on the Trading Platform, including without limitation through the Account and the Website, shall be governed by and/or must be executed in accordance with, the terms and conditions of this Agreement and other documentation/information on the Website.
By accepting this Agreement, the Client confirms that he/she is able to receive information, including amendments to the present Agreement, either via email or through the Website.
“Account” means the unique personal account registered in the name of the Client which contains all of the Client’s transactions/operations on the Trading Platform.
“Agreement” means the Terms & Conditions presented herein.
“CFD (contract for difference)” refers to a tradeable contract entered into between the Client and the Company, who exchange the difference in the value of an Instrument, as specified on the Trading Platform at the time of opening a Transaction, and the value of that Instrument at the contract’s end.
“Cryptocurrency” refers to a digital asset that is designed to work as a medium of exchange and uses cryptography to secure its transactions, to control the creation of additional units, and to verify the transfer of assets. Examples of Cryptocurrencies include Bitcoin and Ethereum.
“Client” means any current registered user of the Company’s services. The Company only accepts natural persons as Clients.
“Equity” means the balance plus/minus any profit/loss that derives from any open positions.
“KYC documents” means the documents of the Client that include, inter alia, the passport or ID and a utility bill of the Client.
“Services” means all services made available (as may be changed or updated from time to time) via the Website.
“Trading Platform” means all programs and technology that present quotes in real-time, allow the placement/modification/deletion of orders and calculate all mutual obligations of the Client and the Company.
“Website” means any of the images, written material, databases, software or other material available on any website owned or operated by the Company.
By accessing the Website and/or using the Services you represent and warrant:
a) That you have read and accepted this Agreement;
b) That you have read and accepted the Risk Disclosure;
d) That you are at least 18 years of age and or legal competence and sound mind and have the capacity to accept the Agreement;
e) That you are the legal owner of the funds you add to your account with the Company and that the funds derived from a legitimate source;
f) That using the Company’s services does not constitute a breach of your home jurisdictions’ laws;
g) That you are aware of the risks in using the services provided by the Company. These risks include the high volatility risk of
h) That you are not US Reportable Person;
i) That you are not a citizen or resident of the following jurisdictions: USA, Cuba, Crimea and Sevastopol, North Korea, Sudan, Israel, Iran, Syria and/or any other jurisdiction where the services offered by the Company are restricted.
Without derogation from the above, the Company reserves the right to suspend or refuse access to and use of the Trading Platform to anyone at its sole and absolute discretion.
3. Subject of the Agreement
The subject of the Agreement shall be the provision of the Services to the Client by the Company under the Agreement and through the Trading Platform.
4. Services of the Company
Services are provided by the Company to the Client through the Trading Platform of the Company, including without limitation news and marketing information services.
The Company shall facilitate the execution of trade activities/order and/or transactions of the Client but the Client hereby acknowledges and accepts that the Company shall not at any time provide any trust services and/or trading consultation or advisory services to the Client.
The Company shall enable the Client to trade CFDs on Cryptocurrencies, where the Client can enter into long/buy or short/sell transactions in relation to a CFD contract on an underlying Cryptocurrency and which is traded over the counter (“OTC”) i.e. concluded outside a regulated exchange or venue and between the Clients and the Company where the Company agrees to settle in cash the performance of the Cryptocurrency the Clients decides to speculate on.
The features offered by the Company when trading on CFDs on Cryptocurrencies are:
(a) Position auto closing where it allows Clients to set their profit and loss levels for a specific trade.
(b) Manual closing of positions if Clients’ position is not automatically closed as a result of position auto closing being triggered.
(c) Trailing Stop Loss Order: whereby the Client specifies the loss limit which is automatically shifted up or down depending on the price of the underlying asset and only in case the latter moves in the specified direction.
(d) Maintenance Margin: which refers to the minimum amount of equity in a position required to maintain an open CFD position. Should this amount fall below a certain percentage, the Company will automatically reserve an additional amount from the Client’s trading account balance equivalent to a certain percentage of the initial investment amount in order for the CFD position to remain open. When the available funds in the Client’s trading account which are reserved to maintain the CFD position open fall below a certain percentage, the CFD position will automatically close and the funds reserved from the Client’s account to maintain the CFD position open, will be permanently deducted.
The Company shall carry out transactions on an execution-only basis, neither managing the account nor advising the Client. The Company is entitled to execute transactions requested by the Client as provided in this Agreement even if the transaction is not beneficial to the Client. The Company is under no obligation unless otherwise agreed in this Agreement and/or other documentation/information of the Website, to monitor or advise the Client on the status of any transaction, to make margin calls, or to close out any of the Client’s open positions.
The Company shall process the orders/transactions requested by the Client under this Agreement irrespective of whether such orders/transactions may result in not being beneficial for the Client. The Company is under no obligation unless otherwise agreed in this Agreement and/or other documentation/information on the Website, to monitor or advise the Client on the status of any transaction/order, to make margin calls to the Client, or to close out any of the Client’s open positions.
The Company shall not be financially liable for any operations conducted by the Client through the Account and/or on the Trading Platform.
Each Client shall be the only authorized user of the Company’s services and of the corresponding Account. The Client is granted an exclusive and non-assignable right to the use of and to access the Account and it is his/her responsibility to ensure that no other third party, including, without limitation, to any next of kin and/or to members of his/her immediate family, shall gain access to and/or trade through the Account assigned to him/her.
The Client shall be liable for all orders are given through his/her security information and any orders received in this manner by the Company shall be considered to have been given by the Client. So long as an order is submitted through the Account of the Client, the Company shall reasonably assume that such orders are submitted by the Client and the Company shall not be under any obligation to investigate further into the matter. The Company shall not be liable to and/or does not maintain any legal relations with any third party other than the Client.
If the Client acts on behalf of any third party and/or on behalf of any third party’s name, the Company shall not accept this person as a client and shall not be liable before this person regardless if such person was identified or not.
It is understood and agrees by the Client that the Company may from time to time, at its sole discretion, utilize the third party to hold the Client’s fund and/or for the purpose of receive payment execution services. These funds will be held in segregated accounts from such third party’s own funds and will not affect the rights of the Client to such funds.
The Client understands that the Company by providing the Client with Cryptocurrency CFD trading services, the Company acts as a principal and not as an agent on the Client’s behalf and therefore the Company is always the counterparty of the transaction.
The Client understands that, for privacy and security reasons, call center representatives of the Company may use pseudonyms when interacting with the Client.
5. Electronic Trading
By accepting this Agreement, the Client accepts and understands that all orders received shall be executed by the Company. The Company shall act as principal and not as an agent on the Client’s behalf for the purpose of the Execution of orders. The Client is informed that Conflicts of Interest may arise because of this model.
Reception of the order by the Company shall not constitute acceptance and acceptance shall only be constituted by the execution of the order by the Company.
The Company shall endeavor to execute the Client’s orders sequentially and promptly.
The Client acknowledges and accepts (a) the risk of mistakes or misrepresentations in the orders sent through the Trading Platform due to technical or mechanical failures of such electronic means, (b) the risk of any delays or other problems as well as (c) the risk that the orders may be placed by person unauthorized to use and/or access the Account, and the Client agrees to indemnify the Company in full for any loss incurred as a result of acting in accordance to such orders.
The Client accepts that during the reception and transmission of his/her order, the Company shall have no responsibility as to its content and/or to the identity of the person placing the order.
The Client acknowledges that the Company will not take action based on the orders transmitted to the Company for execution by electronic means other than those orders transmitted using the predetermined electronic means such as the Trading Platform, and the Company shall have no liability towards the Client for failing to take action based on such orders.
The Client acknowledges that the Company will have the right, at any time and for any reason, at its sole discretion, to refuse to execute orders, including, without limitation in the following circumstances: (a) if the execution of the order aims or may aim to manipulate the market price of the instrument; (b) if the execution of the order contributes or may contribute to the legalization of the proceeds of illegal activities; (c) if the Client has insufficient funds to cover the purchase of the instrument; (d) if the Client fails to fulfill any of his/her obligations towards the Company under this Agreement; (e) the Company’s own exposure levels have been reached in respect of the instrument or the underlying asset of the instrument the client wishes to buy/sell; (f) if the Client seeks to become or became a US Reportable Person or a citizen or resident of the USA, Cuba, Crimea and Sevastopol, North Korea, Sudan, Israel, Iran, Syria and/or any other jurisdiction where the services offered by the Company are restricted.
The Client acknowledges that, at its own discretion, under certain market conditions and in particular where it has reached or surpassed internal exposure levels, the Company may have to close all or part of the Client’s positions in Cryptocurrency CFDs. The Company undertakes to provide adequate notification to the Client in case a Cryptocurrency CFD position will be liquidated.
6. Limitation of Liability
The Company does not guarantee uninterrupted service, safe and error-free, and immunity from unauthorized access to the trading sites’ servers nor disruptions caused from damages, malfunctions or failures in hardware, software, communications and systems in the Client’s computers and in the Company’s suppliers.
The supply of services by the Company depends, inter alia, on third parties and the Company bears no responsibility for any actions or omissions of third parties and bears no responsibility for any damage and/or loss and/or expense caused to the Client and/or the third party as a result of and/or in relation to any aforesaid action or omission.
The Company will bear no responsibility for any damage of any kind allegedly cause to the Client, which involves force majeure or any such event that the Company has no control of and which has influenced the accessibility of its trading site.
Under no circumstances will the Company or its Agent(s) hold responsibility for direct or indirect damage of any kind, even if the Company or its Agent(s) had been notified of the possibility of aforesaid damages.
7. Settlement of Transactions
The Company shall proceed to settle all transactions upon execution of such transactions.
Any online statement of Account will be available to the Client on the Trading Platform of the Company at all times.
8. Rights, Obligations, and Guarantees of the Parties
The Client shall be entitled to:
– Submit to the Company any order requesting the execution of a transaction/operation on the Website in accordance to with and subject to the terms and conditions of this Agreement.
– Request withdrawal of any amounts provided that the Company has no claims against the Client and/or the Client does not have any outstanding debts to the Company.
– In the event that the Client has any alleged complaint against the Company and/or there is any dispute between the Client and the Company, the Client can submit his/her complaint, including all relevant details, to the Company at email@example.com. The Company shall acknowledge receipt of any such complaint, initiate an internal investigation of the matter and shall respond to the Client within a reasonable amount of time but not later than 3 months from the date of acknowledging receipt of the complaint.
– Unilaterally terminate the Agreement provided that there is no debt outstanding from the Client toward the Company and such termination is made in accordance with the terms and conditions of this Agreement.
– Acknowledges that the Account shall be activated upon the deposit of funds into the Account.
– Warrants that he/she shall at all times be compliant with and honor the terms and conditions of this Agreement.
– Warrants that he/she shall ensure that at all times the username and password issued by the Company in relation to the use of the Service(s) and the Account, will only be used by him/her and will not be disclosed to any other person.
– Shall be liable for all orders submitted through his/her security information and any orders received by in this manner by the Company shall be considered to have been given by the Client.
– Hereby acknowledges that frequent access and logins to the Account via different IP addresses from different countries and/or via the use of VPN is an indication that shall reasonably lead the Company to believe that this Agreement has been breached.
– Confirms that any trading strategies and/or investment decisions and/or any activities performed by him/her through his/her Account and on the Trading Platform are made having in mind and being aware of all risks involved and solely on the basis of his/her knowledge and upon his/her sole discretion.
– Warrants that he/she shall take all necessary steps and action in order not to disclose any confidential information of the Company which the Company shall disclose to and/or make available to the Client from time to time.
– Accepts any risk, including without limitation to any risk of financial loss, that arises from unauthorized access to and operation of his/her Account by third and/or unauthorized parties.
– Shall notify the Company of any changes of his/her contact details and any other changes of the personal data he/she provided to the Company within 7 (seven) calendar days since such changes came into effect.
– Shall register only 1 (one) Account with the Company. In case the Client owns multiple accounts, any transactions/operations made via such multiple accounts and corresponding financial results of such transactions/operations, can be canceled at the absolute discretion of the Company. All such multiple accounts can be blocked upon the Company’s absolute discretion, and funds deposited and maintained therein shall not be considered/treated as financial obligations of the Company towards the Client.
– Shall indemnity and hold harmless the Company of any claims and/or legal actions instigated against the Company as a result of disclosure of the Client’s personal data.
– Irrevocably accept full responsibility for his/her actions according to current tax legislation valid at the place of residence of the Client regarding any performed transactions/operations, including but not limited to revenue/income tax.
– Acknowledges that the provision of the Service(s) may involve information being transported over an open network. Information is therefore transmitted regularly and without control across borders. The Company shall take reasonable steps to avoid information being intercepted and read by third parties by utilizing techniques such as encryption, however it is not always possible to avoid third party unauthorized access to/view of the Client’s information/personal data. The Client hereby acknowledges this risk and accepts and consents to this, so long as he/she is reasonably satisfied that any such unauthorized access/disclosure was not made intentionally and that the Company took all reasonable measures and actions in order to prevent such unauthorized access/disclosure.
– Acknowledges that the Company prohibits a third party or anonymous payments into the Client’s Account. Only funds sent from an account held in the Client’s name and belonging to the Client are acceptable. The Company reserves the right at its discretion if it has identified third party or anonymous deposits, to block the Account. The Client should note that under such circumstances any remaining funds will be returned to the third-party source via the same payment method and any profits accumulated by the Client using third party or anonymous funds will be voided.
– Agrees that in case the Company carries out a transaction/operation on his/her behalf which is not covered by the balance of his/her Account, the Company shall have the right to liquidate his/her assets and use the proceeds to cover part or the total difference.
– Irrevocably accepts that he/she is solely responsible for any technical deficiencies that may occur in the Client’s connection to the Trading Platform, in Client’s equipment used for receiving the services (including, but not limited to, personal computer, laptop or mobile phone), and confirms that he/she shall have no claims whatsoever against the Company for any direct and/or indirect damages the Client may suffer due to such deficiencies.
– Acknowledges that the Company has the right to refuse to execute any transaction/operation requested by the Client and/or any other action required, under this Agreement, for as long as it maintains any claims against the Client, whether these are due, future or contingent and regardless of whether these arise from the same transaction/operation from which such obligations arise.
– Acknowledges and accepts that this Agreement and/or to any materials made available on the Website may be amended unilaterally, from time to time, by the Company, and that he/she shall be responsible to check on the Website frequently to ensure that he/she has made himself/herself aware of any changes effected in such manner. Upon the submission of a request by the Client of any transaction/operation, any changes effected to this Agreement and/or to any materials made available on the Website shall be deemed as acknowledged and accepted by the Client.
– The Client understands and agrees that her/his consent is not necessary for any change to be effective. Whether the Client does not respond and/or disagrees with the content of the amendments implemented in the Company’s Terms and Conditions, this will be considered as an acceptance by the Client of the contents of the amendment and of the amended Terms and Conditions. Further, any order of the Client to execute a transaction(s) following the receipt of the notice and/or login into his Account, shall be deemed as acceptance by the Client of the contents of the amendment and of the Agreement as amended.
– The Client understands that it is his/her sole responsibility to remain up-to-date with all changes. The applicable version shall be the latest version uploaded on the Website and in the event of a dispute the latest version shall prevail.
– In case the Client does not agree with the amendments, the Client shall be entitled to terminate this Agreement in accordance with the Duration and Termination of the Agreement section herein included.
– Any sums payable by the Clients shall be paid when entering into a transaction and shall be paid in accordance with the Company’s payment policy.
– The Client understands and agrees that it may be impossible to modify or cancel his/her order and the Company is not obliged to proceed with the modification or cancellation of the Client’s order. In such case, the Client will be bound by any execution of the original order. The Client further agrees that he/she is responsible to know the status of his/her pending orders before entering additional orders and whether the Client is not sure or clear regarding the status of his order he/she should communicate immediately with the Company.
– The Client accepts that he/she is responsible for monitoring all of his/her orders that were entered into the Company’s Trading Platform until the Client receives the Company’s confirmation such orders and/or the Company’s cancellation notice.
– The Client’s execution price which the Company reports to the Client by a relevant confirmation, shall only reflect the price that was offered at the time the execution took place and shall not reflect the price for the underlying Cryptocurrency as quoted on the relevant exchanges in which the Cryptocurrency is traded and/or any market information. The Company bears no responsibility for such inconsistencies and/or discrepancies.
– The Client accepts that when placing an order for Cryptocurrencies he/she agrees to the bid and ask prices set for Cryptocurrencies in which the transaction will be executed as shall be reflected as binding and final on the Trading Platform.
The Client hereby warrants and represents to the Company that he/she:
– Is not residing in any country where distribution or provision of the Services offered by the Company would be contrary to local law or regulations.
– Is responsible to ascertain the terms of, and shall comply with, any and all applicable local laws and/or regulations to which he/she is subject to.
– Has the legal capacity/competence, is of sound mind and has reached the age of maturity in the country which he is resident or citizen.
– Is not a citizen of the USA, Cuba, Crimea and Sevastopol, North Korea, Sudan, Israel, Iran, Syria and/or any other jurisdiction where the services offered by the Company are restricted.
– Is not under any legal disability with respect to, and is not subject to any laws or regulations which prevents his/her performance of this Agreement or any contract or transaction contemplated by this Agreement.
– The Client acts as principal and not as an authorized representative/attorney or trustee of any third party.
– The monetary funds and/or other assets delivered for any purpose by the Client to the Company are not connected directly or indirectly to any illegal and/or criminal activities and/or terrorism.
– The monetary funds and/or other assets delivered for any purpose by the Client to the Company shall belong exclusively to the Client and at all times be free from any charge, lien, pledge or encumbrance, unless the Client has otherwise disclosed to the Company in writing.
– The financial instruments, information and/or legal documents, which the Client delivers to the Company are authentic, valid and free of any defect and they shall have the legal effect which they contend to have.
– The Client certifies that he has provided accurate, complete and true information about himself upon registration and will maintain the accuracy of the provided information by promptly updating any registration information that may have changed. Failure to do so may result in Account closure, Account limitations and/or voiding of any transactions.
– The Client will provide KYC documents to the Company within a period not exceeding 7 days from the moment of depositing funds or as soon as the Company indicates to the Client is required to provide KYC documents before making a deposit.
– The Client confirms that the purpose and reason for registering and operating an Account are to trade, on his/her personal/own behalf, in Cryptocurrency CFDs and to take advantage of the Services offered by the Company. The Client warrants that should the reason for operating an Account change, he/she will inform the Company immediately.
– The Client warrants and/or shall repeat the above warranties at all times, including, without limitation, during and/or upon the execution of any transaction/operation and/or trade, through the Account and the provision of the Services.
The Company shall be entitled to:
– Modify the size of the value of the Company’s financial obligations to the Client with changes of the appropriate entry of the trade operations register in case of violation of one or several provisions of the Agreement herein by the Client.
– The Company reserves the right to change, add or set as default the minimum and/or the maximum amount per trade, the minimum and/or the maximum deposit, and the required margin.
– The Company may at its absolute discretion decline a Client’s order for several reasons which include (but are not limited to), breach of the Company’s Terms and Conditions, size of an order, market conditions, risk considerations, any fraud suspicions, money laundering suspicions, insufficient margin or inadequate securities or liquid funds in the Client’s trading account.
– The Company is entitled to disregard or cancel a Client’s order that was previously accepted by the Company where an event takes place and the Company is unable to act on that order, for instance where the Company has ceased to offer the requested order.
– The Company is not obliged to quote a specific price from any exchange and/or comply with the trading rules or market practices consistent with any exchanges since the Company’s trading platform is independent of any such exchanges, and the Client further agrees that the Company’s prices may be different from the current prices on the relevant exchanges.
– The Company further reserves the right to refuse executing an order for Cryptocurrencies and/or to close any open positions of the Client, without informing the Client, in the following circumstances: the Client’s order intended to manipulate or defraud the market; the Client’s order violates any applicable Legislation/Regulation; significant disruption of trading in the underlying Cryptocurrency in the market on which the underlying Cryptocurrency is traded; premature close of the underlying Cryptocurrency in the market on which the underlying Cryptocurrency is traded; abnormal market conditions; Force Majeure; declared or undeclared war; Acts of God; regulatory or governmental authority that interrupts trading in the relevant security; the Cryptocurrency subject to the Client’s order is delisted and/or for any reason the Company does no longer support the trading in such Cryptocurrency.
– Contact the Client with any question concerning the Agreement herein, including, in order to clarify the Client’s intentions regarding his/her actions through the Account.
– Unilaterally modify and/or amend and/or restate the terms and conditions of this Agreement and/or the material made available on the Website without prior notice to the Client. The Company shall notify the Client of any such changes through the Website and/or by the delivery of an email to the Client.
– Modify the size of the value of the Company’s financial obligations to the Client, if fulfillment of operations on the Trading Platform does not comply with conditions of the Agreement herein.
– Engage third parties with a view to cooperate in order to facilitate and/or enhance any and/or the provision of the Services under this Agreement.
– With regard to any matters and/or obligations that are not covered by this Agreement, the Company shall act accordingly upon its own discretion but at all times in accordance to business customers and existing practices within the line of the Services.
Obligations of the Company:
– Subject to the provisions of this Agreement and the Company being reasonably satisfied that the Client is compliant with the terms and conditions of this Agreement and/or has not in any way breached any terms of this Agreement, the Company shall offer the Services through the Website.
– To fulfill provisions of the Agreement herein.
9. Indemnity and Liability
The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the Client in the performance of his/her obligations under this Agreement and/or the liquidation of any Cryptocurrency CFDs of the Client in settlement of any claims with the Company. This indemnity shall survive termination of this Agreement.
The Company shall not be liable for any direct and/or indirect loss, expense, cost or liability incurred by the Client in relation to this Agreement. The Company shall have no liability to the Client whether in tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under and/or in connection with the Agreement.
The Company shall not be liable for any loss of opportunity as a result of which the value of the Cryptocurrency CFDs of the Client could have been increased or for any decrease in the value of the Cryptocurrency CFDs of the Client.
The Company shall not be liable for any loss which is the result of misrepresentation of facts, error in judgment or any act done or which the Company has omitted to do, whenever caused.
The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian or other third parties which acts on behalf of the Client or with or through whom transactions on behalf of the Client are carried out.
10. Personal Data
By accepting the terms and conditions of this Agreement, the Client irrevocably consents to the collection and processing of his/her personal data/information by the Company without the use of automatic controls, as the same is provided by him/her to the Company. The term personal data for the purposes of this Agreement shall mean the Name, Surname, Patronymic, gender, address, phone number, e-mail, IP address of the Client, Cookies and information that relate to the provision of Services to the Client (for example, the Client’s trading history).
The Client shall be obliged to provide correct, accurate and complete personal data/information as requested by the Company.
The purpose of collecting and processing the personal data is to comply with applicable regulating legislation requirements, including without limitation to anti-money laundering regulations, as well as for any and all purposes in relation to this Agreement, including without limitation to enable the Company to discharge its obligations towards the Client.
The Client acknowledges and consents to that, for the purposes described in the section directly above, the Company shall be entitled to collect, record, systematize, accumulate, store, adjust (update, change), extract, use, transfer (disseminate, provide, access), anonymize, block, delete, destroy such personal data and/or perform any other actions according to the current regulating legislation.
The Client acknowledges and consents to the Company storing, maintaining and processing his/her personal data in the manner as described in this Agreement during the term of the Agreement and for 5 years following any termination of the Agreement.
The Client hereby acknowledges, accepts, agrees and consents to the disclosure of personal data by the Company to third parties and their representatives, solely for the purposes of the Agreement, including without limitation in order to facilitate processing/execution of the Client’s orders/operations, provided that at all times (a) the amount of personal data to be disclosed to any such third party is proportionate and/or limited solely to facilitate to the actions as described above, and (b) the Company shall ensure that such third party shall treat the personal data in accordance to applicable laws and regulations.
The Company shall not be entitled to make available the personal data in public and/or disclose such personal data for any other purposes, subject to the disclosure required under applicable laws and regulations.
During processing of the personal data, the Company shall take necessary legal, organizational and technical measures to protect such personal data from unauthorized or accidental access, destruction, change, blocking, copying, provision, and dissemination as well as from any other illegal actions.
11. Risk Disclosure
The Client hereby confirms to have read, understood and hereby accepts the risk statement relating to the use of Services on the Website, as the same is available electronically via the Website.
By accepting this Agreement the Client accepts that the Client has read and understood the information contained in this Agreement and the Company’s general description of the nature and risks of different Cryptocurrency CFDs which can be found in our Risk Disclosure.
12. Trading Benefits
The Company may and at its sole discretion, provide a Client with Trading Benefits. These Trading Benefits, when offered to and accepted by the Client, shall be governed by a separate Trading Benefits Agreement.
13. Charges and Fees
The Company shall be entitled to receive a fee from the Client regarding the Service(s), provided by the Company.
The Company may pay fee/commissions to business introducers, referring agents, or other third parties based on the written agreement. This fee/commission is related to the frequency/volume of transactions and/or other parameters.
All applicable fees or charges can be found on the Company’s Website or communicated verbally by a Company representative. The Company has the right to amend its fees and charges from time to time.
The Client agrees that any amounts sent by the Client will be deposited to the Account at the value on the date of the payment received and net of any charges/fees charged by the bank or any other intermediary involved in such transaction process and/or in any other case, the Client shall authorize the Company to withdraw the fee by way of transfer from the Client’s Account.
14. Duration and Termination of the Agreement
The Agreement herein shall be concluded for an indefinite term.
The Agreement herein shall come into force when the Client accepts the Agreement.
In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
The Agreement may be terminated in any of the following circumstances:
– Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days written the notice. During the 15 days notice, the Company may limit the services available to the Client, however access will be granted in order for the Client to withdraw any remaining balance.
– The Company shall be entitled to terminate this Agreement, block the Client’s account, and return any remaining funds (if applicable) immediately and without giving prior notice under the following circumstances:
(a) Death or legal incompetence of the Client.
(b) If an application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken.
(c) The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
(d) If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country which he is resident or citizen.
(e) If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a resident or citizen of either the USA, Cuba, Crimea and Sevastopol, North Korea, Sudan, Israel, Iran, Syria and/or any other jurisdiction where the services offered by the Company are restricted.
(f) The Company has a suspicion based on available information that the Client:
1. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement; and/or
2. Has illegally and/or improperly and/or unfairly and/or otherwise gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company; and/or
3. Has unjustly enriched himself/herself by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized the use of such information by the Client for the purposes of this Agreement; and/or
4. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
5. Has acted in bad faith during the performance of his obligations under the Agreement:
– The Client being guilty or the Company has suspicions that the Client is guilty, of malicious conduct or gross negligence or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement.
– The termination is required under applicable law.
– If the Client didn’t provide to the Company his KYC documents within 14 days from the moment of acceptance of this Agreement or within another timeframe stipulated verbally by a Company representative.
– In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant.
– The Client has initiated a chargeback in relation to the funds held in the Client’s Account.
The Company shall be entitled to terminate this Agreement immediately without giving prior notice if the Client fails to provide to the Company his/her KYC documents within 14 days from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an unverified Account.
In case of termination of this Agreement for a reason indicated above (failure to provide his/her KYC documents), the Company shall have no liability towards the Client and no obligation to pay the profit of the Client.
In case of termination of this Agreement for a reason indicated above (failure to provide his/her KYC documents), the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance, in which case the Company shall have to wire to the Client the remaining balance excluding any profit.
15. Governing Law
The terms and conditions of this Agreement as well as any matters pertaining to this agreement, including without limitation to matters of interpretation and/or disputes, shall be governed by the laws of the Federal Republic of Germany.
The Company and the Clients irrevocably submit to the jurisdiction of the courts of the Federal Republic of Germany.
16. Contact Details
For any queries in relation to this Agreement, contact the Company by email at firstname.lastname@example.org