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Service Agreement
1. Provisions and Subject of the Agreement
1.1. This Service Agreement ("Agreement") is entered into by and between GRACEXFX LTD., license No. L15817 / GL, with its registered office at Hamchako Mutsamudu, The Autonomous Island of Anjouan, Union of Comoros (the "Company"), and the individual who completes the registration form on the Company's website or trading platform and accepts the terms of this Agreement and its appendices (the "Client"). The Agreement also involves any Payment Agent(s) engaged by the Company to execute non-trading transactions under this Agreement. The Payment Agent(s) are specifically named in the Agreement. Collectively, the Company, Payment Agent(s), and Client are referred to as the "Parties."
1.2. The following documents are integral to this Service Agreement and form its appendices:
The Agreement, including all appendices, is collectively referred to as the "Agreement."
1.3. The Agreement posted on the Company's website serves as an invitation to make offers to enter into a contract under the outlined terms. This invitation is not public. The Company reserves the right to refuse to conclude the Agreement with any party, at its discretion, with or without explanation. If registration has already been completed, the Company may terminate the contractual relationship and block access to the Trading Terminal. The Client’s registration on the Company’s website or Trading Terminal constitutes full and unconditional acceptance of the terms of the Agreement. Once the Company receives a payment to fund the Client’s trading account, any subsequent transaction made by the Client through the Trading Terminal or personal area becomes subject to the terms of this Agreement.
1.4. The Client agrees to carefully review the terms of the Agreement. By accepting the Agreement, the Client also agrees to the terms of all appendices listed above, including those on subdomains of the Company’s website that are available to the Client. The Client confirms that they are a legally capable adult and are not a resident of any jurisdiction where trading may be deemed illegal. The Client further represents and warrants to the Company the following:
1.4.1. All information provided during registration and throughout the term of the Agreement is accurate, reliable, and complete. The Client confirms that they personally completed the registration form and agrees that the Company may use technical and software tools to detect document forgery. Any attempt to submit forged documents may be considered an offense and a material breach of this Agreement. The Company reserves the right to report any alleged forgery to the appropriate authorities and provide them with the Client's personal data.
1.4.2. The Client has the legal capacity to enter into this Agreement, make requests, and fulfill their obligations in accordance with its terms.
1.4.3. The Client will conduct trading and non-trading transactions solely on their own behalf, at their own expense, and will not use borrowed funds from other clients or third parties. The Client agrees to act with integrity, honesty, and in a rational manner. The Client will not engage in any activities that could harm the Company, such as manipulating the Trading Terminal’s quote-feed system or exploiting software vulnerabilities for personal gain. The Client will not use insider information or other unfair means to gain an advantage in trading.
1.4.4. The Client will comply with all legal standards, including international regulations aimed at preventing illegal trading, financial fraud, money laundering, and the illegal transfer of funds.
1.4.5. The Client will not use the Trading Terminal or the Company’s website to facilitate illegal financial activities or transactions.
1.4.6. All funds transferred by the Client to the Company’s accounts are legally sourced, and the Client has the legal right to use and manage those funds. The Client agrees not to deposit funds into their account using third-party payment methods or transfer funds to third parties.
1.4.7. The Client agrees that their actions under this Agreement will not violate any applicable laws, regulations, or agreements binding them, nor affect their assets in any way that could cause legal conflict.
1.4.8. To execute transactions, the Client will use their own account data from the Trading Terminal. The Client will not share their account details with third parties or use other Clients' account data.
1.4.9. The Client is not a government official, public servant, or politically exposed person (PEP), nor a family member, relative, or associate of a PEP. The Client also affirms that they are not connected to any jurisdiction where the Company does not operate. The Company will apply these definitions at its discretion in line with international law and best business practices.
1.5. The subject of this Agreement is to define the general conditions for executing transactions (trades) by the Company. These conditions are subject to change at the Company’s discretion. The Company may introduce restrictions on the number of concurrent transactions, the frequency of trades within a certain timeframe, and other trading limitations.
1.6. The Company reserves the right to engage third parties to fulfill its obligations under this Agreement. However, the Company is not responsible for services provided by such third parties.
2 Terms and Definitions
2.1. Asset (Underlying Asset)
Refers to the financial instrument underlying a trade, such as a company share, market index, currency pair (exchange rate), commodity, or an option on a commodity.
2.2. Client’s Account Balance
The total amount of money in the Client’s account.
2.3. Trade
A derivative financial instrument transaction consisting of two operations: opening a trade and closing a trade. The Company does not provide leverage, meaning the Client cannot incur obligations exceeding the trade amount.
2.4. Bonus
Virtual funds credited by the Company to the Client’s account upon meeting specified conditions. Bonuses are used only after the Client’s own funds are exhausted and generally cannot be withdrawn to an external account. If the Client withdraws deposited funds, the Company may deduct the full amount of accrued bonuses. The Company may set conditions for withdrawal, including minimum trading volume. The Company may also offer risk-free trades and other rewards at its discretion. The bonus policy may change unilaterally, and the Client will be notified accordingly.
2.5. Company's Website
The official site at www.gracexfx.com, as well as other related sites and mobile apps.
2.6. Client’s External Account
An account in a credit institution or electronic payment system.
2.7. Trade Expiration Time
The time at which a trade's contract expires.
2.8. Trading Time
The timeframe during which trades involving the underlying asset can be made.
2.9. Funds Withdrawal
The process of transferring funds from the Client’s account to an external account.
2.10. Income
The money is added to the Client's account when a trade is closed, based on the trade’s conditions and the asset’s rate. Income is sourced from the Company’s reserves.
2.11. Making of a Trade
The agreement on the essential conditions of a derivative financial instrument trade, resulting in the trade being opened.
2.12. Closing of a Trade
The completion of a trade at the agreed expiration time. A trade can be closed prematurely, subject to the Company’s discretion and technical capabilities.
2.13. Exceptional Situations
Unusual market conditions or other exceptional circumstances outlined in the Trading Policy.
2.14. Profitability Ratio
A percentage that determines the income based on the trade’s underlying asset and other conditions.
2.15. Asset Rate
The price of the underlying asset, determined by the Company, based on data from liquidity providers, central banks, and trading platforms.
2.16. Log Entry
A record of all Client requests and orders made via the Company’s server, used as primary evidence in case of disputes. The Company may choose not to store Log entries.
2.17. Direction of Rate Change
An essential trade condition indicating whether the rate is expected to "Buy" or "Sell."
2.18. Non-Trading Transaction
Any transaction related to the deposit or withdrawal of funds into or from the Client’s account.
2.19. Transactions
Both Trading and Non-Trading transactions made by the Client.
2.20. Open Trade
A trade that has been made but not yet closed, where the payout is not yet determined.
2.21. Payment Agent
A third party used by the Company to process financial transactions on behalf of the Client. The Company assumes responsibility for the Payment Agent’s actions.
2.22. Quote Feed
A sequence of quotes displayed in the Trading Terminal.
2.23. In the Black
An open trade where the income is expected to be paid based on the current asset rate.
2.24. Payment Service Provider
A company providing services for the transfer of funds.
2.25. Recurring Payment
A periodic transaction to top up the Client’s account without re-entering banking details.
2.26. Trade
An agreement in which the Client pays the trade amount, and the Company agrees to pay income if the trade conditions are met.
2.27. Company’s Server
The software used to process and store Client transaction data, provide real-time quotes, and monitor compliance with trade conditions.
2.28. Withdrawal Method
The available methods for the Client to withdraw funds from their account.
2.29. Trade Amount
The amount the Client pays to the Company when making a trade, determining the Client’s potential income from the trade.
2.30. Company’s Account
The Company’s current account in a financial institution or electronic payment system.
2.31. Essential Conditions of a Trade
Conditions that determine whether the Client will receive income from a trade.
2.32. Client’s Account (Trading Account)
A unique account used to track funds, trade amounts, and income. The Client is entitled to only one trading account. Violations may result in the Company denying services, canceling the Agreement, or blocking further transactions.
2.33. Trading Transactions
The processes of making and closing a trade. Trades are executed at the Company’s registered location and involve no physical asset delivery.
2.34. Trading Terminal
The software platform where the Client can execute trades and view real-time quotes. The Trading Terminal is secured with a password created by the Client during registration.
2.35. In the Red
An open trade where income cannot be paid out based on the current asset rate.
2.36. 1-Click Service
A service that allows Clients to deposit funds into their account via bank cards without re-entering payment details.
2.37. Target
The price level of an underlying asset used to calculate trade outcomes.
2.38. Cookie
A small data set stored on the Client’s device to help the Company identify preferences and improve the website's functionality.
2.39. Trading Signals
Market data and analysis provided by the Company, which are not recommendations but may assist Clients in making trades. The Company is not liable for the accuracy of trading signals.
2.40. Quote
The current rate of an asset displayed in the Trading Terminal.
2.41. Trade with Over-the-Counter (OTC) Asset
A trade involving over-the-counter assets, where the Company executes trades without involving liquidity providers.
3 Communication and Provision of Information
3.1. Communication Channels
The Company may communicate with the Client via:
The Company will use the contact details provided by the Client during registration or updated in accordance with Clause 4.5 of the Agreement. The Client agrees to accept communication from the Company at any time.
3.3. Receipt of Correspondence
The Client is considered to have received communications from the Company:
The Client can contact the Company via email at support@gracex.com or other contact methods listed in the Agreement and on the Company’s website.
3.5. Inappropriate Behavior
If the Client behaves inappropriately during communication with the Company’s representatives, the Company reserves the right to unilaterally terminate the Agreement.
3.6. Use of Contact Information
The Company may use the Client’s contact details to send informational, marketing, and service-related messages. The Client may opt out of such communications by unsubscribing or contacting Customer Support.
4. Terms of Use for the Company’s Services
4.1. Upon registration, the Client agrees to provide accurate and reliable identification information in accordance with the requirements of the registration form.
4.2. After successful registration, the Client will be granted access to the Trading Terminal, the ability to deposit funds into their Account (as a security deposit for conducting trades), and the ability to perform other transactions.
4.3. The Client must promptly notify the Company of any changes to their identification or contact information (within seven (7) days of such changes) by updating the information in the Trading Terminal or via any other method offered by the Company. To verify the Client’s identity and the origin of their funds, the Company may request identification documents at any time after registration. The Client is obligated to provide these documents within seven (7) days of the request. Such documents may include, but are not limited to, ID, proof of residence, proof of financial standing, or any other documents at the Company’s discretion. The Company reserves the right to suspend trading and/or non-trading transactions if it finds the Client’s identification information to be incorrect or incomplete. Furthermore, if the Client fails to provide the requested documents, the Company may block the Client’s access to the Trading Terminal until the identification process is completed. The Company also reserves the right to require the Client to complete the identification process in person at an authorized agent’s office and/or provide specific documents at the Company’s discretion.
4.4. Access to the Trading Terminal is protected by a password.
4.4.1. The Client confirms and agrees that access to the Trading Terminal will be protected by a password created by the Client during registration. The Client agrees not to share their password with third parties.
4.4.2. The Client assumes full responsibility for safeguarding their password and preventing unauthorized access.
4.4.3. Any transactions made in the Trading Terminal using the Client’s password will be considered as made by the Client, unless otherwise specified by the Company.
4.4.4. Any person who gains access to the Trading Terminal through the Client’s password will be considered the Client, unless otherwise specified by the Company.
4.4.5. The Company is not responsible for any losses the Client may incur due to the theft, loss, or unauthorized disclosure of their password or registration details.
4.5. The Client may change their password at any time or use the Company’s password recovery procedure.
5. Claims Procedure and Dispute Resolution
5.1. The Parties agree to make every effort to resolve disputes related to transactions, payouts, and other actions provided by this Agreement through negotiation.
5.2. In the event of a dispute, the Client must follow the dispute resolution procedure outlined here. This procedure is mandatory before seeking resolution through any state authorities, courts, or financial institutions. If the Client breaches this clause, they shall indemnify the Company for any losses, damages, and other costs resulting from the breach. Claims, complaints, applications, and appeals related to transactions executed by the Client must be submitted in accordance with the following:
5.2.1. The claim, complaint, application, or appeal must be submitted in writing.
5.2.2. The submission must include the following information: the Client’s full name, email address, account number, date and time of the dispute, a brief description of the issue, the Client’s demands, the amount of the claim and a reasonable calculation (if applicable), the circumstances supporting the claim, references to the violated provisions of this Agreement, and any supporting documents or evidence.
5.2.3. The claim must be submitted no later than five (5) working days after the event in question. Any delay may result in the rejection of the claim.
5.2.4. The Client agrees to first submit the claim to the Company’s Customer Support department via the website www.gracexfx.com or email support@gracex.com.
5.2.5. If the claim remains unresolved by the Company’s customer support within thirty-five (35) days, the Client may escalate the dispute to the Company’s Customer Service team.
5.2.6. If the claim remains unresolved by the Company’s Customer Service team within ten (10) business days, the Client may escalate the dispute to the Company’s Claims Department. Account verification is required before submitting a claim to the Claims Department.
5.3. Claims, complaints, applications, or appeals must not contain:
5.5. The Company may reject any claim, complaint, application, or appeal if the terms and conditions of Section 5 are violated.
5.6. The Company will review the claim within ten (10) working days after submission, excluding the time required for the Client to provide additional documents requested by the Company.
5.7. If the Client’s claim remains unresolved after following the dispute settlement procedure outlined in Sections 5.2 to 5.7, the Client may submit a claim to the Financial Commission.
5.8. After following the dispute resolution procedure in Sections 5.2 to 5.7, and provided the issue has been addressed at least three times by the Client:
6. Applicable Laws
6.1. This Agreement is governed by the laws of the country where the Company is registered. The Services under this Agreement are provided within the same jurisdiction.
6.2. The Client unconditionally:
a) Acknowledges that the courts of the country where the Company is registered have exclusive jurisdiction over any legal proceedings arising from this Agreement.
b) Submits to the jurisdiction of these courts.
c) Waives any right to appeal decisions made by these courts.
d) Agrees not to raise any objections regarding the location of the trial or claim that the jurisdiction of the trial court does not apply to the Client.
7. Force Majeure
7.1. The Company reserves the right to invoke force majeure circumstances if deemed appropriate. Force majeure may include, but is not limited to:
a) Any event or occurrence that disrupts normal operations, such as strikes, riots, civil unrest, terrorism, wars, natural disasters, accidents, fires, floods, storms, power failures, communication breakdowns, software malfunctions, instability in quote feeds, disruptions from liquidity providers, or any other incident that, in the Company's reasonable judgment, destabilizes one or more asset markets.
b) The suspension, closure, or liquidation of any market, the absence of events on which the Company bases its quotes, or the imposition of restrictions or non-standard trading conditions in any market.
7.2. In the event of force majeure circumstances, the Company reserves the right, without prior notice, to take any of the following actions:
a) Cancel any or all of the Client’s trades directly or indirectly affected by force majeure.
b) Suspend or modify the application of one or more provisions of this Agreement, to the extent that force majeure renders it impossible for the Company to fulfill these provisions.
c) Take or refrain from taking any action concerning the Company, the Client, or other clients, as the Company sees fit, based on the circumstances and available information.
7.3. The Company is not liable for any breach or failure to fulfill its obligations under this Agreement if such breach is caused by force majeure events that prevent performance.
8. Responsibilities of the Parties
8.1. The responsibilities of the parties to this Agreement are defined by the terms and conditions outlined herein, including any appendices.
8.2. The Company is responsible solely for actual losses incurred by the Client as a result of the Company's willful failure to fulfill its obligations under this Agreement. The Company is also responsible for the actions of its representatives, departments, and payment agents as if those actions were its own.
8.3. The Client is liable to the Company for any damages arising from the Client’s fault, including but not limited to:
a) Damages resulting from the Client’s failure to provide or delayed provision of documents required by the Agreement or its appendices, or for damages caused by any inaccuracies or misstatements in the documents provided by the Client.
b) Damages caused by the misuse of the Company’s services, including damage resulting from the use of automated transaction algorithms, special software tools, or other methods that undermine the integrity, fairness, and honesty in executing transactions.
c) Damages arising from actions coordinated with other Clients or affiliates of the Client intended to cause harm to the Company, or any dishonest methods used in trading, including the improper use of bonuses. For the purpose of this Agreement, "Client’s affiliates" include: family members, partners, those sharing an address, those using the same devices, those engaged with the Company through the same partner, or those acting together in collective activities, with or without forming a legal entity. The Company may further define and expand this list.
d) Damages arising from the Client's attempt to illegally use the Company’s software or any funds transferred to the Company’s account.
e) Damages resulting from the Client profiting from errors or vulnerabilities in the Trading Terminal’s quote-feed updating system.
f) Damages caused by the Client’s use of insider or confidential information that provided an unfair advantage in transactions with the Company.
The Company reserves the right to recover the damages from the Client’s account or any other accounts that can be shown to belong to the Client or their accomplices. Additionally, the Company may block further transactions in the Trading Terminal or the Client's personal area if there are sufficient grounds to suspect fraudulent or harmful actions. Funds may be transferred from the Client’s account to the Company's account accordingly.
8.4. In the event of a Client’s breach of the Agreement, the Company reserves the right to:
8.4.1. Modify the Company’s financial obligations to the Client and amend the balance in the Client’s account.
8.4.2. Suspend the services provided to the Client and block access to the Trading Terminal. If the Client's access is blocked, they must take reasonable steps to address the issue. If the Client fails to resolve the issue within thirty (30) days, the Company reserves the right to withdraw all funds from the Client’s trading account. The Company may, but is not obligated to, return any withdrawn funds to the Client if the Client rectifies the issue.
8.5. If the Client breaches any term of this Agreement or its appendices (including refusing to undergo necessary checks or failing to provide required information), the Company has the right to terminate the Agreement, void any Client transactions, close one or more of the Client’s trades at its discretion, and cease providing services to the Client. The Company may do so with or without returning funds, at its discretion.
8.5.1. If the Company terminates the Agreement with the Client due to a violation of its terms, the Client shall not be entitled to open a new account, including using third-party details during registration. If the Company identifies a violation by the Client as described in this clause, the consequences outlined in Clause 8.5 of the Agreement will apply.
8.6. The Company shall not be held liable for any damages, losses, lost profits, missed opportunities (including but not limited to those resulting from market fluctuations), expenses, or other detriment suffered by the Client as a result of trades made under the terms of the Agreement.
8.7. The Company is not liable for any discrepancies between the information displayed in the Client’s Trading Terminal and the data on the Company’s server when determining the financial results of the Client’s trades. In such cases, the Company will update the Trading Terminal data to reflect the information available on its server.
8.8. The Company is not responsible for any damages suffered by the Client resulting from hacker attacks, accidents, or malfunctions in computer networks, communication networks, power lines, telecommunication systems, or other such incidents affecting the conditions of the Client’s transactions, provided these events are not caused by the Company's fault.
8.9. The Company is not liable for technical failures or interruptions in the Trading Terminal caused by hacker attacks, network malfunctions, or issues with communication systems, and is not responsible for any damages resulting from such disruptions.
8.10. The Company is not responsible for the outcomes of trades made by the Client based on analytical materials provided by the Company or third parties. The Client acknowledges the inherent risks associated with trading, including the possibility of not achieving expected profits or losing part or all of the funds in their account. Unless due to fraud, deliberate misconduct, or gross negligence by the Company, the Company is not liable for any losses, costs, or damages resulting from inaccuracies in the information provided to the Client. The Company retains the right to cancel or close any Client transaction as per the terms of the Agreement. However, all trades executed by the Client based on erroneous information will remain valid and must be honored by both parties.
8.11. The Company is not liable for any losses the Client may incur from the theft, loss, or unauthorized disclosure of their Trading Terminal password. The Client is fully responsible for protecting their password and preventing unauthorized access.
8.12. The Company is not responsible for any failure to fulfill its obligations under the Agreement due to force majeure or other exceptional circumstances as specified in the Agreement or its appendices.
8.13. The Company is not liable for any indirect, special, incidental, or punitive damages incurred by the Client, including but not limited to lost profits, anticipated savings, or income, even if the Client was informed of the possibility of such damages. Non-pecuniary damages will not be compensated.
8.14. The Company reserves the right to investigate any breaches by the Client at any time, regardless of when the breach occurred, and take appropriate action as outlined in the Agreement if such breaches are discovered.
Duration and Process of Repudiation of the Agreement
9.1. The Agreement enters into force upon its conclusion (i.e., at the time of the Client’s registration on the website or in the Company’s Trading Terminal) and remains valid for an indefinite period.
9.2. Either Party may unilaterally repudiate the Agreement.
9.2.1. The Agreement is considered repudiated upon the initiative of the Company on the date specified in the notice sent by the Company to the Client.
9.2.2. The Agreement is considered repudiated upon the initiative of the Client five (5) business days after the Company receives the Client’s written notice containing a statement of repudiation, provided that the Client has no outstanding obligations under the Agreement. The Client must send the repudiation notice to the Company’s address specified in Clause 1.1 of the Agreement or to the email address support@gracex.com
9.3. The Agreement is considered repudiated with respect to the Parties when the mutual obligations of the Client and the Company concerning previously completed transactions have been fulfilled and all debts of each Party have been settled.
Final Provisions
10.1. Amendments and addenda to the Agreement and its appendices may be made unilaterally by the Company. All amendments and addenda not related to the circumstances specified in the Agreement will enter into force on the date specified by the Company.
10.2. Amendments and addenda made by the Company due to changes in applicable legislation, regulations, or the rules and contracts of trading systems used by the Company to fulfill its obligations will enter into force simultaneously with the amendments to those documents.
10.3. Amendments and addenda made by the Company will apply equally to all Clients, including those who entered into the Agreement before the effective date of such amendments and addenda.
10.4. To ensure that the Client is aware of all amendments and addenda to the Agreement, the Client must visit the Company’s website or trading platform at least once a week, either personally or with the help of authorized persons, to check for updates.
10.5. By providing personal data to the Company in any form (such as on the Company’s website, through its counterparties, etc.), the Client (a natural person) gives the Company and its partners consent to process the data both automatically and manually for the purposes of executing the Agreement, conducting advertising campaigns, providing marketing materials, and for other purposes determined by the Company, including collection, organization, structuring, storage, use, disclosure, and cross-border processing. The consent is granted for a period of 75 years or until the expiration of the data retention periods defined by applicable law in the Company’s principal place of business. The Client may withdraw this consent in accordance with the law, by contacting the Company as set out in the Privacy Policy. The Company guarantees the confidentiality of personal data provided by the Client, except in cases of legal requirements or force majeure.
10.6. The Client may use the information provided by the Company or third parties, either orally or in writing, for transactions specified in the Agreement. The Client is prohibited from disseminating, altering, supplementing, or storing this information in separate archives. The Company does not guarantee the accuracy, reliability, or continuous availability of third-party information and is not liable for any losses resulting from transactions based on such information.
10.7. The Company may transfer all or part of its rights and obligations under the Agreement to a third party, provided that the third party agrees to fulfill the terms of the Agreement. This transfer does not require prior notification to the Client and will be considered effective once the information is published on the Company’s website.
10.8. The Client is not entitled to assign their rights or transfer their obligations under the Agreement without the prior written consent of the Company. Any unauthorized transfer will be considered invalid.
10.9. The Company, its partners, or affiliates may have material interests, legal relations, or arrangements in relation to transactions on the trading platform or personal area that conflict with the Client’s interests. For example, the Company may:
a) Act as a counterparty to any asset.
b) Recommend another partner of the Company as a counterparty for a trading transaction.
c) Provide recommendations and services to its partners or other clients regarding assets in which they have an interest, even if this conflicts with the Client’s interests.
10.10. The Client agrees that the Company may act in relation to the Client as it deems appropriate, even in the case of conflicts of interest or material interests in relation to any transaction in the Trading Terminal or personal area. Such conflicts will not affect the Company's provision of services to the Client. The Company may also act on behalf of the Client with third parties in agreements that benefit the Client, such as those that provide access to information and services that would otherwise be unavailable.
10.11. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, that provision will be treated as severed from the Agreement, and the remainder of the Agreement will continue in full force and effect.
10.12. The Company reserves the right to suspend service provision to the Client at any time without prior notice.
10.13. In situations not covered by the Agreement, the Company will act according to established business practices, based on principles of honesty and fairness.
10.14. The Company reserves the right to use translations of the Agreement and its appendices in languages other than English. In case of discrepancies between the English version and translations in other languages, the English version will prevail. The version of the Agreement published on the Company's website will prevail over any other version published elsewhere.
10.15. The Client is granted a limited, non-exclusive right to use the Trading Terminal solely for the purposes specified in the Agreement. If the Agreement is terminated or repudiated for any reason, the Client's rights to use the Trading Terminal will also terminate.
10.16. The Client acknowledges that the Company cannot guarantee the continuous, uninterrupted, or flawless operation of the Trading Terminal, and therefore accepts the software as-is. The Company is not responsible for any malfunctions of the Trading Terminal.
10.17. All definitions used in the Agreement and its integral parts retain their meaning regardless of whether they are written in uppercase or lowercase, unless otherwise specified by the context.
List of Countries (Territories) in which the Company Does Not Operate
11.1. The Company does not operate in or provide services to persons from the following countries or their dependent, associated, or affiliated territories: DPRK, Afghanistan, Congo, Iran, Iraq, Japan, Myanmar, New Zealand, Palestine, Somalia, Sudan, Yemen, the United States, or its territories.
11.2. Persons associated with the aforementioned countries are defined as those who:
11.2.1. Hold citizenship, a permanent residence permit, or similar documentation from a country where the Company does not operate.
11.2.2. Reside or have a mailing or residence address in a country where the Company does not operate.
11.2.3. Were born in a country where the Company does not operate.
11.2.4. Have an IP address or phone number associated with a country where the Company does not operate.
11.2.5. Have other connections with a country where the Company does not operate, as determined by the Company at its reasonable discretion.
11.3. If it is discovered that the Company is providing services to persons associated with these countries, the Company may take action as outlined in Clause 8.5 of the Agreement.
1.1. This Service Agreement ("Agreement") is entered into by and between GRACEXFX LTD., license No. L15817 / GL, with its registered office at Hamchako Mutsamudu, The Autonomous Island of Anjouan, Union of Comoros (the "Company"), and the individual who completes the registration form on the Company's website or trading platform and accepts the terms of this Agreement and its appendices (the "Client"). The Agreement also involves any Payment Agent(s) engaged by the Company to execute non-trading transactions under this Agreement. The Payment Agent(s) are specifically named in the Agreement. Collectively, the Company, Payment Agent(s), and Client are referred to as the "Parties."
1.2. The following documents are integral to this Service Agreement and form its appendices:
- Trading Transactions Policy
- Non-Trading Transactions Policy and KYC/AML Policy
- Risk Disclosure
- Other documents in the "Legal Information" section of the Company’s website, including, but not limited to, the subdomains of the Company’s website and the Trading Terminal.
The Agreement, including all appendices, is collectively referred to as the "Agreement."
1.3. The Agreement posted on the Company's website serves as an invitation to make offers to enter into a contract under the outlined terms. This invitation is not public. The Company reserves the right to refuse to conclude the Agreement with any party, at its discretion, with or without explanation. If registration has already been completed, the Company may terminate the contractual relationship and block access to the Trading Terminal. The Client’s registration on the Company’s website or Trading Terminal constitutes full and unconditional acceptance of the terms of the Agreement. Once the Company receives a payment to fund the Client’s trading account, any subsequent transaction made by the Client through the Trading Terminal or personal area becomes subject to the terms of this Agreement.
1.4. The Client agrees to carefully review the terms of the Agreement. By accepting the Agreement, the Client also agrees to the terms of all appendices listed above, including those on subdomains of the Company’s website that are available to the Client. The Client confirms that they are a legally capable adult and are not a resident of any jurisdiction where trading may be deemed illegal. The Client further represents and warrants to the Company the following:
1.4.1. All information provided during registration and throughout the term of the Agreement is accurate, reliable, and complete. The Client confirms that they personally completed the registration form and agrees that the Company may use technical and software tools to detect document forgery. Any attempt to submit forged documents may be considered an offense and a material breach of this Agreement. The Company reserves the right to report any alleged forgery to the appropriate authorities and provide them with the Client's personal data.
1.4.2. The Client has the legal capacity to enter into this Agreement, make requests, and fulfill their obligations in accordance with its terms.
1.4.3. The Client will conduct trading and non-trading transactions solely on their own behalf, at their own expense, and will not use borrowed funds from other clients or third parties. The Client agrees to act with integrity, honesty, and in a rational manner. The Client will not engage in any activities that could harm the Company, such as manipulating the Trading Terminal’s quote-feed system or exploiting software vulnerabilities for personal gain. The Client will not use insider information or other unfair means to gain an advantage in trading.
1.4.4. The Client will comply with all legal standards, including international regulations aimed at preventing illegal trading, financial fraud, money laundering, and the illegal transfer of funds.
1.4.5. The Client will not use the Trading Terminal or the Company’s website to facilitate illegal financial activities or transactions.
1.4.6. All funds transferred by the Client to the Company’s accounts are legally sourced, and the Client has the legal right to use and manage those funds. The Client agrees not to deposit funds into their account using third-party payment methods or transfer funds to third parties.
1.4.7. The Client agrees that their actions under this Agreement will not violate any applicable laws, regulations, or agreements binding them, nor affect their assets in any way that could cause legal conflict.
1.4.8. To execute transactions, the Client will use their own account data from the Trading Terminal. The Client will not share their account details with third parties or use other Clients' account data.
1.4.9. The Client is not a government official, public servant, or politically exposed person (PEP), nor a family member, relative, or associate of a PEP. The Client also affirms that they are not connected to any jurisdiction where the Company does not operate. The Company will apply these definitions at its discretion in line with international law and best business practices.
1.5. The subject of this Agreement is to define the general conditions for executing transactions (trades) by the Company. These conditions are subject to change at the Company’s discretion. The Company may introduce restrictions on the number of concurrent transactions, the frequency of trades within a certain timeframe, and other trading limitations.
1.6. The Company reserves the right to engage third parties to fulfill its obligations under this Agreement. However, the Company is not responsible for services provided by such third parties.
2 Terms and Definitions
2.1. Asset (Underlying Asset)
Refers to the financial instrument underlying a trade, such as a company share, market index, currency pair (exchange rate), commodity, or an option on a commodity.
2.2. Client’s Account Balance
The total amount of money in the Client’s account.
2.3. Trade
A derivative financial instrument transaction consisting of two operations: opening a trade and closing a trade. The Company does not provide leverage, meaning the Client cannot incur obligations exceeding the trade amount.
2.4. Bonus
Virtual funds credited by the Company to the Client’s account upon meeting specified conditions. Bonuses are used only after the Client’s own funds are exhausted and generally cannot be withdrawn to an external account. If the Client withdraws deposited funds, the Company may deduct the full amount of accrued bonuses. The Company may set conditions for withdrawal, including minimum trading volume. The Company may also offer risk-free trades and other rewards at its discretion. The bonus policy may change unilaterally, and the Client will be notified accordingly.
2.5. Company's Website
The official site at www.gracexfx.com, as well as other related sites and mobile apps.
2.6. Client’s External Account
An account in a credit institution or electronic payment system.
2.7. Trade Expiration Time
The time at which a trade's contract expires.
2.8. Trading Time
The timeframe during which trades involving the underlying asset can be made.
2.9. Funds Withdrawal
The process of transferring funds from the Client’s account to an external account.
2.10. Income
The money is added to the Client's account when a trade is closed, based on the trade’s conditions and the asset’s rate. Income is sourced from the Company’s reserves.
2.11. Making of a Trade
The agreement on the essential conditions of a derivative financial instrument trade, resulting in the trade being opened.
2.12. Closing of a Trade
The completion of a trade at the agreed expiration time. A trade can be closed prematurely, subject to the Company’s discretion and technical capabilities.
2.13. Exceptional Situations
Unusual market conditions or other exceptional circumstances outlined in the Trading Policy.
2.14. Profitability Ratio
A percentage that determines the income based on the trade’s underlying asset and other conditions.
2.15. Asset Rate
The price of the underlying asset, determined by the Company, based on data from liquidity providers, central banks, and trading platforms.
2.16. Log Entry
A record of all Client requests and orders made via the Company’s server, used as primary evidence in case of disputes. The Company may choose not to store Log entries.
2.17. Direction of Rate Change
An essential trade condition indicating whether the rate is expected to "Buy" or "Sell."
2.18. Non-Trading Transaction
Any transaction related to the deposit or withdrawal of funds into or from the Client’s account.
2.19. Transactions
Both Trading and Non-Trading transactions made by the Client.
2.20. Open Trade
A trade that has been made but not yet closed, where the payout is not yet determined.
2.21. Payment Agent
A third party used by the Company to process financial transactions on behalf of the Client. The Company assumes responsibility for the Payment Agent’s actions.
2.22. Quote Feed
A sequence of quotes displayed in the Trading Terminal.
2.23. In the Black
An open trade where the income is expected to be paid based on the current asset rate.
2.24. Payment Service Provider
A company providing services for the transfer of funds.
2.25. Recurring Payment
A periodic transaction to top up the Client’s account without re-entering banking details.
2.26. Trade
An agreement in which the Client pays the trade amount, and the Company agrees to pay income if the trade conditions are met.
2.27. Company’s Server
The software used to process and store Client transaction data, provide real-time quotes, and monitor compliance with trade conditions.
2.28. Withdrawal Method
The available methods for the Client to withdraw funds from their account.
2.29. Trade Amount
The amount the Client pays to the Company when making a trade, determining the Client’s potential income from the trade.
2.30. Company’s Account
The Company’s current account in a financial institution or electronic payment system.
2.31. Essential Conditions of a Trade
Conditions that determine whether the Client will receive income from a trade.
2.32. Client’s Account (Trading Account)
A unique account used to track funds, trade amounts, and income. The Client is entitled to only one trading account. Violations may result in the Company denying services, canceling the Agreement, or blocking further transactions.
2.33. Trading Transactions
The processes of making and closing a trade. Trades are executed at the Company’s registered location and involve no physical asset delivery.
2.34. Trading Terminal
The software platform where the Client can execute trades and view real-time quotes. The Trading Terminal is secured with a password created by the Client during registration.
2.35. In the Red
An open trade where income cannot be paid out based on the current asset rate.
2.36. 1-Click Service
A service that allows Clients to deposit funds into their account via bank cards without re-entering payment details.
2.37. Target
The price level of an underlying asset used to calculate trade outcomes.
2.38. Cookie
A small data set stored on the Client’s device to help the Company identify preferences and improve the website's functionality.
2.39. Trading Signals
Market data and analysis provided by the Company, which are not recommendations but may assist Clients in making trades. The Company is not liable for the accuracy of trading signals.
2.40. Quote
The current rate of an asset displayed in the Trading Terminal.
2.41. Trade with Over-the-Counter (OTC) Asset
A trade involving over-the-counter assets, where the Company executes trades without involving liquidity providers.
3 Communication and Provision of Information
3.1. Communication Channels
The Company may communicate with the Client via:
- Phone
- Text messages
- Postal mail
- Messages within the Trading Terminal, personal area, or through notifications on the Company’s website.
The Company will use the contact details provided by the Client during registration or updated in accordance with Clause 4.5 of the Agreement. The Client agrees to accept communication from the Company at any time.
3.3. Receipt of Correspondence
The Client is considered to have received communications from the Company:
- 1 hour after emailing
- Immediately after phone calls
- Immediately after text messages
- 7 calendar days after postal mail
- Immediately after posting on the Company’s website.
The Client can contact the Company via email at support@gracex.com or other contact methods listed in the Agreement and on the Company’s website.
3.5. Inappropriate Behavior
If the Client behaves inappropriately during communication with the Company’s representatives, the Company reserves the right to unilaterally terminate the Agreement.
3.6. Use of Contact Information
The Company may use the Client’s contact details to send informational, marketing, and service-related messages. The Client may opt out of such communications by unsubscribing or contacting Customer Support.
4. Terms of Use for the Company’s Services
4.1. Upon registration, the Client agrees to provide accurate and reliable identification information in accordance with the requirements of the registration form.
4.2. After successful registration, the Client will be granted access to the Trading Terminal, the ability to deposit funds into their Account (as a security deposit for conducting trades), and the ability to perform other transactions.
4.3. The Client must promptly notify the Company of any changes to their identification or contact information (within seven (7) days of such changes) by updating the information in the Trading Terminal or via any other method offered by the Company. To verify the Client’s identity and the origin of their funds, the Company may request identification documents at any time after registration. The Client is obligated to provide these documents within seven (7) days of the request. Such documents may include, but are not limited to, ID, proof of residence, proof of financial standing, or any other documents at the Company’s discretion. The Company reserves the right to suspend trading and/or non-trading transactions if it finds the Client’s identification information to be incorrect or incomplete. Furthermore, if the Client fails to provide the requested documents, the Company may block the Client’s access to the Trading Terminal until the identification process is completed. The Company also reserves the right to require the Client to complete the identification process in person at an authorized agent’s office and/or provide specific documents at the Company’s discretion.
4.4. Access to the Trading Terminal is protected by a password.
4.4.1. The Client confirms and agrees that access to the Trading Terminal will be protected by a password created by the Client during registration. The Client agrees not to share their password with third parties.
4.4.2. The Client assumes full responsibility for safeguarding their password and preventing unauthorized access.
4.4.3. Any transactions made in the Trading Terminal using the Client’s password will be considered as made by the Client, unless otherwise specified by the Company.
4.4.4. Any person who gains access to the Trading Terminal through the Client’s password will be considered the Client, unless otherwise specified by the Company.
4.4.5. The Company is not responsible for any losses the Client may incur due to the theft, loss, or unauthorized disclosure of their password or registration details.
4.5. The Client may change their password at any time or use the Company’s password recovery procedure.
5. Claims Procedure and Dispute Resolution
5.1. The Parties agree to make every effort to resolve disputes related to transactions, payouts, and other actions provided by this Agreement through negotiation.
5.2. In the event of a dispute, the Client must follow the dispute resolution procedure outlined here. This procedure is mandatory before seeking resolution through any state authorities, courts, or financial institutions. If the Client breaches this clause, they shall indemnify the Company for any losses, damages, and other costs resulting from the breach. Claims, complaints, applications, and appeals related to transactions executed by the Client must be submitted in accordance with the following:
5.2.1. The claim, complaint, application, or appeal must be submitted in writing.
5.2.2. The submission must include the following information: the Client’s full name, email address, account number, date and time of the dispute, a brief description of the issue, the Client’s demands, the amount of the claim and a reasonable calculation (if applicable), the circumstances supporting the claim, references to the violated provisions of this Agreement, and any supporting documents or evidence.
5.2.3. The claim must be submitted no later than five (5) working days after the event in question. Any delay may result in the rejection of the claim.
5.2.4. The Client agrees to first submit the claim to the Company’s Customer Support department via the website www.gracexfx.com or email support@gracex.com.
5.2.5. If the claim remains unresolved by the Company’s customer support within thirty-five (35) days, the Client may escalate the dispute to the Company’s Customer Service team.
5.2.6. If the claim remains unresolved by the Company’s Customer Service team within ten (10) business days, the Client may escalate the dispute to the Company’s Claims Department. Account verification is required before submitting a claim to the Claims Department.
5.3. Claims, complaints, applications, or appeals must not contain:
- Emotional evaluations of the dispute,
- Offensive statements about the Company, or
- Profanity.
5.5. The Company may reject any claim, complaint, application, or appeal if the terms and conditions of Section 5 are violated.
5.6. The Company will review the claim within ten (10) working days after submission, excluding the time required for the Client to provide additional documents requested by the Company.
5.7. If the Client’s claim remains unresolved after following the dispute settlement procedure outlined in Sections 5.2 to 5.7, the Client may submit a claim to the Financial Commission.
5.8. After following the dispute resolution procedure in Sections 5.2 to 5.7, and provided the issue has been addressed at least three times by the Client:
- The claim meets the form and content requirements of Section 5.2 and 5.3,
- The claim is sent to the Company’s registered address by registered or certified mail,
- The Client has received confirmation of the claim’s receipt by the Company,
- The deadline for responding to the claim has passed (60 calendar days after the Company receives the claim).
6. Applicable Laws
6.1. This Agreement is governed by the laws of the country where the Company is registered. The Services under this Agreement are provided within the same jurisdiction.
6.2. The Client unconditionally:
a) Acknowledges that the courts of the country where the Company is registered have exclusive jurisdiction over any legal proceedings arising from this Agreement.
b) Submits to the jurisdiction of these courts.
c) Waives any right to appeal decisions made by these courts.
d) Agrees not to raise any objections regarding the location of the trial or claim that the jurisdiction of the trial court does not apply to the Client.
7. Force Majeure
7.1. The Company reserves the right to invoke force majeure circumstances if deemed appropriate. Force majeure may include, but is not limited to:
a) Any event or occurrence that disrupts normal operations, such as strikes, riots, civil unrest, terrorism, wars, natural disasters, accidents, fires, floods, storms, power failures, communication breakdowns, software malfunctions, instability in quote feeds, disruptions from liquidity providers, or any other incident that, in the Company's reasonable judgment, destabilizes one or more asset markets.
b) The suspension, closure, or liquidation of any market, the absence of events on which the Company bases its quotes, or the imposition of restrictions or non-standard trading conditions in any market.
7.2. In the event of force majeure circumstances, the Company reserves the right, without prior notice, to take any of the following actions:
a) Cancel any or all of the Client’s trades directly or indirectly affected by force majeure.
b) Suspend or modify the application of one or more provisions of this Agreement, to the extent that force majeure renders it impossible for the Company to fulfill these provisions.
c) Take or refrain from taking any action concerning the Company, the Client, or other clients, as the Company sees fit, based on the circumstances and available information.
7.3. The Company is not liable for any breach or failure to fulfill its obligations under this Agreement if such breach is caused by force majeure events that prevent performance.
8. Responsibilities of the Parties
8.1. The responsibilities of the parties to this Agreement are defined by the terms and conditions outlined herein, including any appendices.
8.2. The Company is responsible solely for actual losses incurred by the Client as a result of the Company's willful failure to fulfill its obligations under this Agreement. The Company is also responsible for the actions of its representatives, departments, and payment agents as if those actions were its own.
8.3. The Client is liable to the Company for any damages arising from the Client’s fault, including but not limited to:
a) Damages resulting from the Client’s failure to provide or delayed provision of documents required by the Agreement or its appendices, or for damages caused by any inaccuracies or misstatements in the documents provided by the Client.
b) Damages caused by the misuse of the Company’s services, including damage resulting from the use of automated transaction algorithms, special software tools, or other methods that undermine the integrity, fairness, and honesty in executing transactions.
c) Damages arising from actions coordinated with other Clients or affiliates of the Client intended to cause harm to the Company, or any dishonest methods used in trading, including the improper use of bonuses. For the purpose of this Agreement, "Client’s affiliates" include: family members, partners, those sharing an address, those using the same devices, those engaged with the Company through the same partner, or those acting together in collective activities, with or without forming a legal entity. The Company may further define and expand this list.
d) Damages arising from the Client's attempt to illegally use the Company’s software or any funds transferred to the Company’s account.
e) Damages resulting from the Client profiting from errors or vulnerabilities in the Trading Terminal’s quote-feed updating system.
f) Damages caused by the Client’s use of insider or confidential information that provided an unfair advantage in transactions with the Company.
The Company reserves the right to recover the damages from the Client’s account or any other accounts that can be shown to belong to the Client or their accomplices. Additionally, the Company may block further transactions in the Trading Terminal or the Client's personal area if there are sufficient grounds to suspect fraudulent or harmful actions. Funds may be transferred from the Client’s account to the Company's account accordingly.
8.4. In the event of a Client’s breach of the Agreement, the Company reserves the right to:
8.4.1. Modify the Company’s financial obligations to the Client and amend the balance in the Client’s account.
8.4.2. Suspend the services provided to the Client and block access to the Trading Terminal. If the Client's access is blocked, they must take reasonable steps to address the issue. If the Client fails to resolve the issue within thirty (30) days, the Company reserves the right to withdraw all funds from the Client’s trading account. The Company may, but is not obligated to, return any withdrawn funds to the Client if the Client rectifies the issue.
8.5. If the Client breaches any term of this Agreement or its appendices (including refusing to undergo necessary checks or failing to provide required information), the Company has the right to terminate the Agreement, void any Client transactions, close one or more of the Client’s trades at its discretion, and cease providing services to the Client. The Company may do so with or without returning funds, at its discretion.
8.5.1. If the Company terminates the Agreement with the Client due to a violation of its terms, the Client shall not be entitled to open a new account, including using third-party details during registration. If the Company identifies a violation by the Client as described in this clause, the consequences outlined in Clause 8.5 of the Agreement will apply.
8.6. The Company shall not be held liable for any damages, losses, lost profits, missed opportunities (including but not limited to those resulting from market fluctuations), expenses, or other detriment suffered by the Client as a result of trades made under the terms of the Agreement.
8.7. The Company is not liable for any discrepancies between the information displayed in the Client’s Trading Terminal and the data on the Company’s server when determining the financial results of the Client’s trades. In such cases, the Company will update the Trading Terminal data to reflect the information available on its server.
8.8. The Company is not responsible for any damages suffered by the Client resulting from hacker attacks, accidents, or malfunctions in computer networks, communication networks, power lines, telecommunication systems, or other such incidents affecting the conditions of the Client’s transactions, provided these events are not caused by the Company's fault.
8.9. The Company is not liable for technical failures or interruptions in the Trading Terminal caused by hacker attacks, network malfunctions, or issues with communication systems, and is not responsible for any damages resulting from such disruptions.
8.10. The Company is not responsible for the outcomes of trades made by the Client based on analytical materials provided by the Company or third parties. The Client acknowledges the inherent risks associated with trading, including the possibility of not achieving expected profits or losing part or all of the funds in their account. Unless due to fraud, deliberate misconduct, or gross negligence by the Company, the Company is not liable for any losses, costs, or damages resulting from inaccuracies in the information provided to the Client. The Company retains the right to cancel or close any Client transaction as per the terms of the Agreement. However, all trades executed by the Client based on erroneous information will remain valid and must be honored by both parties.
8.11. The Company is not liable for any losses the Client may incur from the theft, loss, or unauthorized disclosure of their Trading Terminal password. The Client is fully responsible for protecting their password and preventing unauthorized access.
8.12. The Company is not responsible for any failure to fulfill its obligations under the Agreement due to force majeure or other exceptional circumstances as specified in the Agreement or its appendices.
8.13. The Company is not liable for any indirect, special, incidental, or punitive damages incurred by the Client, including but not limited to lost profits, anticipated savings, or income, even if the Client was informed of the possibility of such damages. Non-pecuniary damages will not be compensated.
8.14. The Company reserves the right to investigate any breaches by the Client at any time, regardless of when the breach occurred, and take appropriate action as outlined in the Agreement if such breaches are discovered.
Duration and Process of Repudiation of the Agreement
9.1. The Agreement enters into force upon its conclusion (i.e., at the time of the Client’s registration on the website or in the Company’s Trading Terminal) and remains valid for an indefinite period.
9.2. Either Party may unilaterally repudiate the Agreement.
9.2.1. The Agreement is considered repudiated upon the initiative of the Company on the date specified in the notice sent by the Company to the Client.
9.2.2. The Agreement is considered repudiated upon the initiative of the Client five (5) business days after the Company receives the Client’s written notice containing a statement of repudiation, provided that the Client has no outstanding obligations under the Agreement. The Client must send the repudiation notice to the Company’s address specified in Clause 1.1 of the Agreement or to the email address support@gracex.com
9.3. The Agreement is considered repudiated with respect to the Parties when the mutual obligations of the Client and the Company concerning previously completed transactions have been fulfilled and all debts of each Party have been settled.
Final Provisions
10.1. Amendments and addenda to the Agreement and its appendices may be made unilaterally by the Company. All amendments and addenda not related to the circumstances specified in the Agreement will enter into force on the date specified by the Company.
10.2. Amendments and addenda made by the Company due to changes in applicable legislation, regulations, or the rules and contracts of trading systems used by the Company to fulfill its obligations will enter into force simultaneously with the amendments to those documents.
10.3. Amendments and addenda made by the Company will apply equally to all Clients, including those who entered into the Agreement before the effective date of such amendments and addenda.
10.4. To ensure that the Client is aware of all amendments and addenda to the Agreement, the Client must visit the Company’s website or trading platform at least once a week, either personally or with the help of authorized persons, to check for updates.
10.5. By providing personal data to the Company in any form (such as on the Company’s website, through its counterparties, etc.), the Client (a natural person) gives the Company and its partners consent to process the data both automatically and manually for the purposes of executing the Agreement, conducting advertising campaigns, providing marketing materials, and for other purposes determined by the Company, including collection, organization, structuring, storage, use, disclosure, and cross-border processing. The consent is granted for a period of 75 years or until the expiration of the data retention periods defined by applicable law in the Company’s principal place of business. The Client may withdraw this consent in accordance with the law, by contacting the Company as set out in the Privacy Policy. The Company guarantees the confidentiality of personal data provided by the Client, except in cases of legal requirements or force majeure.
10.6. The Client may use the information provided by the Company or third parties, either orally or in writing, for transactions specified in the Agreement. The Client is prohibited from disseminating, altering, supplementing, or storing this information in separate archives. The Company does not guarantee the accuracy, reliability, or continuous availability of third-party information and is not liable for any losses resulting from transactions based on such information.
10.7. The Company may transfer all or part of its rights and obligations under the Agreement to a third party, provided that the third party agrees to fulfill the terms of the Agreement. This transfer does not require prior notification to the Client and will be considered effective once the information is published on the Company’s website.
10.8. The Client is not entitled to assign their rights or transfer their obligations under the Agreement without the prior written consent of the Company. Any unauthorized transfer will be considered invalid.
10.9. The Company, its partners, or affiliates may have material interests, legal relations, or arrangements in relation to transactions on the trading platform or personal area that conflict with the Client’s interests. For example, the Company may:
a) Act as a counterparty to any asset.
b) Recommend another partner of the Company as a counterparty for a trading transaction.
c) Provide recommendations and services to its partners or other clients regarding assets in which they have an interest, even if this conflicts with the Client’s interests.
10.10. The Client agrees that the Company may act in relation to the Client as it deems appropriate, even in the case of conflicts of interest or material interests in relation to any transaction in the Trading Terminal or personal area. Such conflicts will not affect the Company's provision of services to the Client. The Company may also act on behalf of the Client with third parties in agreements that benefit the Client, such as those that provide access to information and services that would otherwise be unavailable.
10.11. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, that provision will be treated as severed from the Agreement, and the remainder of the Agreement will continue in full force and effect.
10.12. The Company reserves the right to suspend service provision to the Client at any time without prior notice.
10.13. In situations not covered by the Agreement, the Company will act according to established business practices, based on principles of honesty and fairness.
10.14. The Company reserves the right to use translations of the Agreement and its appendices in languages other than English. In case of discrepancies between the English version and translations in other languages, the English version will prevail. The version of the Agreement published on the Company's website will prevail over any other version published elsewhere.
10.15. The Client is granted a limited, non-exclusive right to use the Trading Terminal solely for the purposes specified in the Agreement. If the Agreement is terminated or repudiated for any reason, the Client's rights to use the Trading Terminal will also terminate.
10.16. The Client acknowledges that the Company cannot guarantee the continuous, uninterrupted, or flawless operation of the Trading Terminal, and therefore accepts the software as-is. The Company is not responsible for any malfunctions of the Trading Terminal.
10.17. All definitions used in the Agreement and its integral parts retain their meaning regardless of whether they are written in uppercase or lowercase, unless otherwise specified by the context.
List of Countries (Territories) in which the Company Does Not Operate
11.1. The Company does not operate in or provide services to persons from the following countries or their dependent, associated, or affiliated territories: DPRK, Afghanistan, Congo, Iran, Iraq, Japan, Myanmar, New Zealand, Palestine, Somalia, Sudan, Yemen, the United States, or its territories.
11.2. Persons associated with the aforementioned countries are defined as those who:
11.2.1. Hold citizenship, a permanent residence permit, or similar documentation from a country where the Company does not operate.
11.2.2. Reside or have a mailing or residence address in a country where the Company does not operate.
11.2.3. Were born in a country where the Company does not operate.
11.2.4. Have an IP address or phone number associated with a country where the Company does not operate.
11.2.5. Have other connections with a country where the Company does not operate, as determined by the Company at its reasonable discretion.
11.3. If it is discovered that the Company is providing services to persons associated with these countries, the Company may take action as outlined in Clause 8.5 of the Agreement.