Terms of Use
Last Modified: February 12, 2025
Introduction
- These Terms and Conditions (the “Terms“) govern the use of the Website or Services of Leveraged Capital Management Ltd. (“We“, “Our“, “Us“, or “Company“) a technology company that provides a variety of services (include, but are not limited to, proprietary trading) through www.getleveraged.com website (the “Services” and the “Website“), by Our Users (“User”, “Customer”, “You” and “Your”).
- To support the ongoing development and enhancement of our services, we may introduce or remove features, functionalities, or digital content, as well as launch new services or discontinue existing ones, and such changes may be made to adapt to evolving technologies, respond to shifts in user engagement, reflect updates in agreements or partnerships with third-party providers, prevent misuse or harm, or address legal, regulatory, safety, or security considerations.
- PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, CREATING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT, OR OTHERWISE USING THE WEBSITE OR SERVICES OR ENTERING INTO ANY OTHER AGREEMENT WITH US, YOU ACKNOWLEDGE (ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT) THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE OUR PRODUCTS AND CONTENT. 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 AND OUR PRIVACY POLICY CAREFULLY AND USE THEM TO MAKE INFORMED DECISIONS.
- PLEASE CHECK BACK PERIODICALLY TO REVIEW THE TERMS OF USE AND PRIVACY POLICY, AS WE RESERVE THE RIGHT TO MODIFY OR CHANGE THESE TERMS AFTER PROVIDING NOTICE TO YOU.
- The official language used by Us is English, and translations that may be made are for convenience and reference only; in the event of a conflict between the English language version of these Terms and any version translated into any other language, the English language version shall prevail.
Definitions
Capitalized terms shall have the meaning assigned to them in these Terms, unless the context requires otherwise.
- “AML” stands for Anti-Money Laundering, which means a set of procedures, laws, and regulations that are intended to stop the practice of generating income through illegal actions.
- “Account” means a User’s designated account allowing a User to access the Services or functionality of the Website.
- “Forbidden Territory” means any jurisdiction where Our Services are not available, including, but not limited to: United States, Afghanistan, Burundi, Belarus, Central African Republic, Cuba, Congo Republic, Russia, Crimea, Democratic Republic of Congo, Eritrea, Guinea, Guinea-Bissau, Iraq, Iran, Israel, Laos, Liberia, Libya, Myanmar, North Korea, Palestinian Territory, Papua New Guinea, South Sudan, Sudan, Somalia, Syria, Vanuatu, Venezuela and Yemen.
- *This list can change at any time based on risk management considerations*
- “Intellectual Property” means any and all worldwide intellectual property rights, whether registered or not, including, but not limited to: (a) patents, patent applications and patent rights, know how, inventions, research, data, and development activities and discoveries; (b) rights associated with works of authorship, including copyrights, copyrights applications, copyrights restrictions, mask work rights, mask work applications and mask work registrations; (c) rights relating to the protection of trade secrets and confidential information, including but not limited to confidential and proprietary information concerning the business and financial activities of Us, and any information concerning its service providers, employees, customers, suppliers, and partners; (d) trademarks, trade names, service marks, logos, trade dress, goodwill and domains; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; and (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
- “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.
- “Portfolio Manager” as set forth in Section 6.
- “Sanctions Regime” means any economic, financial, or trade sanctions, embargoes, or restrictions imposed or enforced by any relevant authority, including but not limited to the United States, the European Union, the United Nations, or any other applicable jurisdiction.
- “Simulation Phase” as set forth in Section 5.
- “Third Party Services” means products or services that are not under the control of or maintained by the Company or that are not otherwise provided by the Company.
1. Eligibility
- 1.1. Any person may browse our Website and the information contained therein subject to these Terms.
- 1.2. To utilize the Services, registration for an Account is required.
- 1.3. You may qualify for an Account if: (i) you are at least 18 years old, or of legal age as defined in your jurisdiction, whichever is greater; (ii) you have the legal capacity to agree to and be bound by these Terms; (iii) you do not reside in any region classified as a Forbidden Territory; and (iv) you fully comply with these Terms. We reserve the exclusive right to evaluate all applications and have absolute discretion to accept or reject any request for the creation of an Account.
- 1.4. To ensure adherence to applicable laws, we enforce AML, KYC, and KYB measures. These checks may be conducted at any time, particularly after you complete the Simulation Phase, and are mandatory for becoming a Portfolio Manager. You will be required to provide documentation and information, such as government-issued identification. Additionally, we may collect and verify information from third-party sources to confirm your identity, assess your eligibility for the Services, and perform compliance checks. Policies and risk assessments are subject to change, and we may suspend or restrict previously approved Accounts based on updated evaluations.
- 1.5. Our Services are not available where prohibited by a Sanctions Regime or by Our internal policies, which may be updated periodically.
2. Registration
- 2.1. To access our Services, You are required to create an Account and provide accurate, valid, and current information.
- 2.2. Upon completing the Simulation Phase successfully, You must undergo a verification process to become a Portfolio Manager (“User Verification Process“). The requirements, steps, and duration of the User Verification Process are influenced by security protocols, which may evolve in response to changes in legal or technical standards. During this process, We may request a video interview, identification documents, additional supporting documents, or other relevant information. Please note that We reserve the sole and absolute discretion to conduct the User Verification Process at any time, regardless of whether or not You have completed the Simulation Phase.
- 2.3. You confirm that all information and documentation provided to Us is accurate, complete, current, and valid, and that You have not omitted any details that could affect the User Verification Process. If any of Your information changes, You are obligated to notify Us and provide updated information promptly. As part of the process of becoming and remaining a Portfolio Manager, We may request additional information periodically to comply with legal, regulatory, or guideline requirements (e.g., AML or Sanctions Regime obligations).
- 2.4. Completing the User Verification Process is not guaranteed, and We may terminate it at any time for legal or business reasons.
3. Account
- 3.1. Users may open multiple Accounts, provided that the aggregated balance of all active Accounts does not exceed the maximum limit allowed for their respective account type: (i) $1,000 for Jr. portfolios, (ii) $100,000 for Sr. portfolios, and (iii) $1,000,000 for Exec. portfolios. We reserve the right to monitor compliance with these limits and take appropriate action, including freezing or closing Accounts that exceed the permitted thresholds.
- 3.2. Accounts must be owned by a single individual or legal entity. Shared or joint accounts are strictly prohibited.
- 3.3. Accounts cannot be transferred, sold, donated, or assigned to any other person or entity.
4. User Obligations
As a User, You agree to:
- 4.1. Be legally competent and in compliance with the laws of your country or state of residence.
- 4.2. Promptly execute contracts, declarations, and provide any assistance reasonably requested by Us in connection with the Services.
- 4.3. Declare Your principal residency during the User Verification Process.
- 4.4. Update Us without delay regarding any changes to Your personal. Similarly, notify Us if Your personal information displayed in Our Services does not match the documents or information You provided.
- 4.5. Ensure that Your internet browser and operating system are updated, including all security patches, to maintain optimal security.
- 4.6. Inform Us promptly of any loss or limitation of Your legal capacity to enter into or maintain agreements.
- 4.7. Maintain the security of Your systems and data by using strong, unique passwords, keeping software and devices updated, employing adequate security measures, and reporting vulnerabilities or concerns to Our support team without delay.
5. Simulation Phase
- 5.1. The Simulation Phase is a simulated account where your performance is evaluated for the opportunity to become a funded Portfolio Manager with the trading capital of the Company or advance to another product or service offered by the Company, either of which shall be governed pursuant to separate or supplemental written agreement. During the Simulation Phase, You will be granted access to certain tools for simulated trading, analytical tools, training and educational materials, and other ancillary services.
- 5.2. In order to graduate from the Simulation Phase, You must meet all conditions of the Simulation Phase (the conditions for each Simulation Phase program are detailed here: www.getleveraged.com#packages), pass the User Verification Process, comply with the Terms and receive an approval from the risk department. If you fail to meet any of these conditions, You will be evaluated as unsuccessful and will not be entitled to any refund. You may attempt to complete the Simulation Phase again for an additional fee.
- 5.3. You acknowledge that any trading that You perform through the Simulation Phase is entirely simulated and is not real. You also acknowledge that the “funds” provided to You for the Simulation Phase are fictitious and that You have no right to possess those fictitious funds beyond the scope of their use within the Website and for the sole purpose of the Simulation Phase. Unless expressly agreed otherwise, You will not be paid any remuneration or profits based on the results of your fictitious trading, nor will you be required to pay any losses.
6. Portfolio Manager
- 6.1. Upon successfully completing the Simulation Phase, the User Verification Process and receiving the Risk department approval, We may offer You the opportunity to become a Portfolio Manager and trade using Our capital. You acknowledge that Your personal data may be shared with third parties for the purpose of evaluating whether to extend such an offer to You. It is clarified that, while using Our system, all positions are reviewed and monitored by Us, and We retain sole discretion over whether to execute any suggested trades.
- 6.2. Completion of the Simulation Phase and User Verification Process does not guarantee acceptance as a Portfolio Manager .
- 6.3. You acknowledge that We may require Portfolio Managers to adhere to specific risk parameters in their trades to ensure accurate risk assessment 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 Us as necessary.
- 6.4. If You are accepted as a Portfolio Manager, the legal relationship between You and the Company will be subject to additional terms, which must be accepted alongside these Terms.
7. Third Party Services.
- 7.1. The Website or Services may refer to Third Party Services. These Terms do not apply to such Third Party Services and we encourage you to read the terms and conditions for each website, application, and service you visit, use, or interact with (including, without limitation, Third Party Services). You are responsible for performing your own due diligence and evaluating whether any Third Party Services are appropriate for you. You agree that We are not responsible for any injury, harm, damages, or negative experience you may encounter by accessing or using such Third Party Services. If you access, visit, or use any Third Party Services referred to on our Sites or Services, you do so at your own risk.
8. Fees
- 8.1. The fee for the Simulation Phase will be determined based on the option You select when completing the form for ordering the Simulation Phase. The fee is paid for allowing You to access the Simulation Phase and any Services or educational resources provided in connection therewith.
- 8.2. You are not entitled to a refund of the fee, for example, if You cancel the Account or request the cancellation by e-mail, if You terminate the use of the Services prematurely (for example, fail to complete the Simulation Phase or the User Verification Process), you fail to meet the conditions to become Portfolio Manager, or if You violate or breach the Terms in any manner.
- 8.3. We reserve the right to unilaterally change the fees and parameters of the Services at any time, including the parameters for their successful completion. The change does not affect the Services purchased before the change is notified.
9. Payment Terms
- 9.1. You can pay the fee for the selected Simulation Phase by a payment card, via a bank transfer, or using other means of payment that We currently offer on the Website.
- 9.2. Fees can be paid in any of the available currencies listed on the Website. Service charges are inclusive of all taxes. The User is obliged to fulfill all of one’s tax obligations in connection with the use of our Services in accordance with applicable law, and in the event of an obligation, the User is obliged to pay tax or other fees properly.
- 9.3. We may utilize the services of certain third-party payment processors to process payments of your personal credit cards and other accepted methods of payment that are personal to you. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your order.
- 9.4. If You desire to supply credit or debit card information, personal data, or financial information to any third-party service provider or to any linked website, You do so at Your own risk and discretion. We are not responsible should You provide such information to any third party and are not responsible for the use of such information by any third party.
- 9.5. If You select a bank transfer for payment, We will subsequently send You a proforma invoice in electronic form with the amount of the fee for the program of the Simulation Phase You have chosen on the Website. You undertake to pay the amount within the period specified in the proforma invoice. The fee is considered paid when its full amount is credited to Our account. If You do not pay the amount on time, We are entitled to cancel Your order. Users bear all fees charged by the selected payment service provider (according to the valid price list of the payment service provider) in connection with the transaction and the User is obliged to ensure that the respective fee for the selected Simulation Phase program is paid in full.
10. Refund Policy
- 10.1. The Simulation Phase provides immediate access to live data and a trading account. Because of this, we generally are unable to offer refunds after the purchase is made. However, if in the first 14 days of your purchase no trading activity has occurred in the Account, and you did not breach these Terms, You may request a refund.
- 10.2. Notwithstanding the above, We reserve the sole and absolute discretion to issue a refund within 14 days of purchase for Users who have not engaged in any trading activity. In such cases, We may send a notification to the User informing them that no trading activity has been detected in their Account before processing the refund.
11. Termination
- 11.1. 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 and or close Your Account 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 Simulation Phase), or makes any defamatory statements or publishes harmful content about Us or the Services, including, without limitation, the unauthorized disclosure or publication of correspondence or other private communications with Us.
- f) We reasonably believe that You are involved with a competing company or if there is a suspicion of a conflict of interest.
- g) You have breached any of the following rules applicable to Our Services as detailed here (collectively, the “Forbidden Trading Practices“):
- i. Knowingly or unknowingly use trading strategies that exploit errors in the Services such as errors in the display of prices or delay in their updates, or an external or slow data feed;
- ii. Performing, alone or in concert with any other persons, including between connected accounts, or accounts held with different Users and with different platforms, trades, or combinations of trades, the purpose of which is to manipulate, abuse, or give User an unfair advantage while using the Website or Services, for example, by engaging in any short term or high frequency trades or simultaneously entering into opposite positions;
- iii. Hyperactivity – trading excessive or unrealistic number of contracts or positions in the day;
- iv. Performing trades trading at prices outside the best available bid or offer, which can indicate market manipulation or exploitation of pricing delays; in such cases, the User must notify the Company immediately upon identifying such issues and refrain from taking advantage of them
- v. Performing trades in conflict with the Terms and the terms and conditions of the Simulation Phase program;
- vi. 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;
- vii. Otherwise performing trades in contradiction with how trading is actually performed in the applicable market, or in a way that establishes justified concerns that We might suffer financial or other harm as a result of User’s activities;
- viii. Using any instruments that may adversely affect the operation of the Website and Services or that would be intended to misuse any errors, bugs, or other deficiencies of the Website and Services;
- ix. Circumventing geographical restrictions of availability or any other technical restrictions;
- x. Trading on behalf of others including but not limited to sharing any incentives as part of any business arrangement; or
- xi. Engaging in other conduct which in the sole discretion of the Company, represents uncommercial activity, is intended to game the market, is not a viable trading strategy.
- 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.
- k) If You have started the Simulation Phase, engaged in trading activity in Your Account, but abandoned your Account (being deemed abandoned with 30 or more consecutive calendar days without any trades made), We reserve the sole discretion to terminate Your Account. Prior to such termination, We will send You a notification regarding Your inactivity, and if no further trading activity occurs within a reasonable period following the notice, We may proceed with the closure of Your Account.
- l) We reserve the right to terminate Your Account or restrict Your access to the Services at Our sole discretion for risk management purposes. Such termination or restriction may be based on internal policies, regulatory considerations, compliance assessments, or other business-related factors. We are not obligated to disclose the specific reasons for such a decision.
- The User acknowledges and agrees that it is their sole responsibility to remain updated on Forbidden Trading Practices, which may be modified at any time, with or without prior notice. For further information on prohibited trading practices, please refer here.
12. Legal Actions
- 12.1. You acknowledge that making false, misleading, or defamatory statements about Us or the Services, including but not limited to publishing harmful content, unauthorized disclosure of private communications, or any action that damages Our reputation, may expose You to legal proceedings. We reserve the right to take appropriate legal action, including seeking monetary damages, injunctive relief, or any other remedies available under applicable law.
13. Confidentiality
- 13.1. The Company has devoted a substantial amount of time and effort, and has incurred substantial costs, in developing its trading methods, systems, metrics, feedback, educational materials, training content and strategies made available to the User on the Website (“Confidential Information”). User agrees that Confidential Information is, in fact, confidential and proprietary to the Company and made available to the User subject to these terms and solely as part of the Services.
- 13.2. User shall not, without the prior written consent of the Company, except as required by any court, supervisory authority, or administrative agency, use or disclose Confidential Information to any person, other than an employee or agent of the Company 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 the Company 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.
14. Risks
- 14.1. The content provided as part of the Services is for informational purposes only and should not be interpreted as legal, financial, or investment advice. While we may share information about financial instruments, this does not constitute professional advice in any form. We do not act as an advisor regarding financial, legal, investment, tax, insurance, or any other matters.
- 14.2. Changes in laws or regulations may significantly impact the structure or availability of the Services. While we strive to modify or adapt the Services to remain compliant with applicable laws while maintaining flexibility for Users, we cannot guarantee that changes will not be necessary. Regulatory or legal adjustments may lead to limitations or discontinuation of certain Services. As a result, we reserve the right, at our sole discretion, to deny applications for Accounts, restrict access to certain Services, or close, freeze, or suspend Accounts if we determine that regulatory or policy considerations prevent us from offering the Services.
- 14.3. Using the Services may have tax implications, including the requirement to report earnings to the appropriate tax authorities and calculate and pay taxes arising from your activities. Tax consequences often depend on the laws of your jurisdiction of residence and any relevant international tax treaties. You are solely responsible for ensuring compliance with all applicable local and international tax laws related to your use of the Services. We are not obligated to inform or advise you of any current or upcoming tax implications and make no representations regarding potential tax consequences resulting from your use of the Services.
- 14.4. We utilize various monitoring tools and techniques to maintain the security, integrity, and compliance of the Services, ensuring adherence to laws, regulations, and internal policies. Where required or permitted by law, we may share relevant information with regulatory or law enforcement authorities.
15. Disclaimers
- 15.1. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE 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.
- 15.2. WE MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES; (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; AND (V) ANY SECURITY BREACH, SYSTEM VULNERABILITIES OR WEAKNESSES RESULTING BY CODING ERRORS, DESIGN FLAWS ALICIOUS CODE, MALWARE,BOTS, WORMS, TROJANS, BACKDOORS, EXPLOITS, CHEATS, FRAUD, HACKS, HIDDEN DIAGNOSTICS, OR OTHER MECHANISMS TO DISABLE SECURITY OR CONTENT PROTECTION.
- 15.3. WE DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE 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.
- 15.4. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A BROKER-DEALER, TRADING PLATFORM 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.
- 15.5. 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.
- 15.6. WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT YOU WILL EARN PROFITS OR RECEIVE ANY RETURN ON THE FEES PAID FOR THE SIMULATION PHASE. PARTICIPATION IN THE SIMULATION PHASE DOES NOT ENSURE ACCESS TO A PORTFOLIO MANAGER ACCOUNT OR ANY FORM OF MONETARY GAIN. EXCEPT AS STATED IN SECTION 10 (REFUND POLICY), ALL FEES PAID ARE NON-REFUNDABLE, REGARDLESS OF PERFORMANCE OR OUTCOME.
16. Limitation of Liability
- 16.1. The Company, including its parent companies, subsidiaries, affiliates, partners, service providers, employees, agents, officers, and directors, shall not be held liable to You for any indirect, incidental, special, punitive, exemplary, or consequential damages. This includes, but is not limited to, lost profits, lost or corrupted data, lost opportunities, financial losses, or property damage, even if You or any other party has informed Us of the potential for such damages. Similarly, the Company will not be responsible for any claims made by third parties that arise from, or are in any way related to, Your access to, use of, or reliance on the Website, Services, or any linked website, or any tools, functionalities, information, or content available through them, regardless of the legal theory under which such claims are brought. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, this limitation may not apply to You. In such cases, Our liability will be restricted to the maximum extent allowed by law. We reserve the right to modify, update, replace, add, or remove elements or features of the Website or Services at any time, without any obligation to provide compensation. We are not liable for any failure to provide the Website or Services if such failure results from technical or operational issues beyond Our control, including but not limited to, events of force majeure or legal or regulatory requirements that prevent Us from offering the Website or Services.
- 16.2. Our liability for any claim arising from or related to these Terms, whether based on contract, warranty, tort, strict liability, or any other legal theory, shall not exceed the greater of: (a) the total amount You paid to Us for Services in the month immediately preceding the claim, or (b) $100. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, the aforementioned limitation may not apply to You. In such cases, Our liability will be limited to the fullest extent permitted by applicable law.
17. Miscellaneous
- 17.1. Your personal data is processed in accordance with the Privacy Policy.
- 17.2. 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 Website. It is Your sole responsibility to review these Terms prior to each and use of the Services.
- 17.3. Our failure to enforce or to exercise, at any time or for any period of time any term of or any right or remedy arising pursuant to or under the Terms shall not constitute, and shall not be construed as, a waiver of such term or right or remedy and shall in no way affect Our right to enforce or exercise it later, provided that such right is not time barred, expired or precluded.
- 17.4. The Terms shall survive and continue to apply after termination of the business relationship until complete settlement.
- 17.5. In case of any conflict between the content on the Website and the Terms, the Terms shall prevail.
18. Governing Law
- 18.1. These Terms and the relationship between You and Us shall be governed by, and construed and interpreted in accordance with, the laws of the Republic of Cyprus, and You irrevocably submit to the exclusive jurisdiction of the competent courts of the Republic of Cyprus with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms and the relationship between You and Us all subject to the applicable law.
- 18.2. Any and all contractual and non-contractual disputes, divergences or claims between the Company and You will be subject to the exclusive jurisdiction of the courts of the Republic of Cyprus, subject to the applicable law.