Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") establish the governing framework for the relationship between Score Capital Markets ("Company", "we", "us") and you, the individual or entity entering into a transaction with the Company ("Client", "you", "your"). By accessing or utilizing our services, you acknowledge your agreement to be bound by these Terms.

2. Definitions

2.1 Access Codes:

The unique credentials assigned to the Client for accessing ScoreCM's trading platform and/or Client portal. These credentials may include login codes, passwords, Client Trading Account numbers, and any other information required for authentication.

2.2 Account Balance:

The monetary value of cash readily available in the Client's Trading Account. It excludes any unrealized profits or losses on open positions.

2.3 Agreement:

This document, encompassing all its Supplementary Documents (as amended from time to time), constitutes the entire agreement between ScoreCM and the Client.

2.4 Affiliate:

Any entity, whether a company or partnership, that controls, is controlled by, or shares common control with another entity, including ScoreCM.

2.5 Affiliated Company:

In relation to a person, an undertaking belonging to the same group as that person.

2.6 Application Form:

The form provided by ScoreCM (either physically or online) to the Client for initiating an account opening process.

2.7 Applicable Regulation:

The governing rules and regulations, including but not limited to:

• The rules and regulations established by the Mwali International Services Authority (MISA).
• Any regulations set forth by any relevant stock exchange or trading venue you utilize.

2.8 Authorized Person:

An individual duly authorized on behalf of the Client to act under this Agreement.

2.9 Ask (Ask Price):

The price at which the Client can purchase a Financial Instrument through ScoreCM.

2.10 Balance:

The total sum of all deposits minus withdrawals, with the addition or subtraction of realized profits and losses. It also encompasses any funds held in any Trading Account.

2.11 Base Currency:

The primary currency of the Client's Trading Account, which is USD unless otherwise agreed upon in writing by both parties.

2.12 Bid (Bid Price):

The price at which the Client can sell a Financial Instrument through ScoreCM.

2.13 Business Day:

Any day (excluding Saturdays and Sundays) when banks in the relevant currency's principal financial center(s) are operational for business and is not a public or official bank holiday.

2.14 Buy (Go Long/Long/Long Position):

Executing a Buy Transaction or purchasing a Financial Instrument at ScoreCM's quoted price.

2.15 Client:

Any natural or legal person to whom ScoreCM furnishes investment and/or ancillary services under this Agreement. This term also encompasses "you," "your," and "Customer."

2.16 Client Bank Account(s):

An account held in the Client's name and/or ScoreCM's name on the Client's behalf with a bank, other financial institution, electronic payment provider, or credit card processor where Client Money is deposited.

2.17 Client Money:

The current website of ScoreCM, which is www.scorecm.com, or any subsequent website designated as the Company's website.

2.19 Contract Specifications:

The details pertaining to each Financial Instrument offered by ScoreCM, including lot size, trading information (fees, commissions, spreads, swaps, margin and leverage requirements, etc.), all of which are made available on the Electronic Trading Platform and/or website.

3. Scope and Application

3.1 Exclusivity and Amendments:

This Agreement, along with any future amendments, constitutes a non-negotiable contract that supersedes all prior agreements between ScoreCM and the Client regarding the same subject matter. It establishes the terms upon which this Agreement takes effect.

3.2 Service Provision:

This Agreement outlines the foundation for ScoreCM to provide Investment Services and Financial Instruments to the Client.

3.3 Regulatory Compliance:

Depending on the specific service and Financial Instrument, ScoreCM will adhere to various regulations, including (but not limited to) those set forth by the MISA. Additionally, the Company will comply with any applicable codes of conduct and/or circulars issued by the MISA relevant to providing the relevant services.

3.4 Informed Decision-Making:

This Agreement is furnished to empower the Client to make informed decisions regarding ScoreCM, the services offered, and the inherent risks associated with the provided Financial Instruments.

3.5 Client Consideration:

The Client should thoroughly review this Agreement in its entirety before deciding to acquire or maintain any Financial Instruments and/or to utilize any Investment Services and/or ancillary services provided by ScoreCM.

3.6 Governing Agreement:

This Agreement serves as the governing document for all investment services rendered by ScoreCM to its Clients.

3.7 Client Applicability:

This Agreement applies to retail clients, professional clients, and eligible counterparties.

4. Provision of Services

4.1 Investment Services:

ScoreCM agrees to provide the following Investment Services to the Client:

• Execution of orders submitted by the Client.
• Acting as principal/execution venue for Client trades.

4.2 Applicable Financial Instruments:

The Investment Services outlined in Section 4.1 will be offered in relation to the following Financial Instruments (if applicable):

• Derivatives (options, futures, swaps, forward rate agreements) related to securities, currencies, interest rates, yields, or other derivative instruments, financial indices, or financial measures that can be settled physically or in cash.
• Derivatives (options, futures, swaps, forward rate agreements) related to commodities that require cash settlement or allow for optional cash settlement by one party (excluding situations arising from default or other termination events).
• Rights granted under a contract for differences or any other contract designed (or intended) to secure profit or prevent loss by referencing fluctuations in the value or price of any property, index, or other designated factor within the contract.
• Foreign exchange acquired or held for investment purposes.

4.3 Transactions Beyond Regulated Markets:

The services in Section 3.1 may involve transactions in Financial Instruments not admitted for trading on Regulated Markets, Multilateral Trading Facilities (MTFs), or any stock exchange. By accepting this Agreement, the Client acknowledges and expressly consents to the execution of such transactions.

4.4 Acting as Principal and Execution Venue:

ScoreCM will act as the sole principal and execution venue (non-regulated market) for any orders placed with the Company by the Client for any Financial Instrument offered by ScoreCM as described in Section 3.2 above.

4.5 No Investment Advice Provided:

The services provided by ScoreCM do not include investment advice. Therefore, any investment information provided by ScoreCM to the Client should not be considered investment advice and does not guarantee or represent any future assurance of returns on any of the Client's transactions. The Client bears full responsibility (without limitation) for the outcome of any strategy, investment decision, or transaction.

4.6 Governing Documents:

The Company will interact with the Client based on the terms of the following documents:

• This Agreement
• The Order Execution Policy
• The Risk Disclosure Policy
• The Conflict of Interest Policy
• The Client Classification and Client Fact Find Sheet
• The Client's completed Application Form
• Any additional amendments issued by the Company

5. Appropriateness of Financial Instruments and Investment Services

5.1 Client Responsibility and Company Disclaimer:

The Client bears ultimate responsibility for independently assessing and investigating the risks associated with any particular transaction. The Company does not guarantee the appropriateness of offered Financial Instruments or investment services and does not act in a fiduciary capacity towards the Client.

However, where applicable under regulations and solely for Financial Instruments and services subject to those regulations, the Company will assess the suitability of proposed investments for the Client. The Company will also warn the Client if it determines that a specific investment service or Financial Instrument is not suitable, provided the Client furnishes sufficient information to allow this assessment.

5.2 Appropriateness Assessment for Execution-Only Services:

When dealing with the Client on an execution-only basis for buying or selling complex products, the Company is required to assess whether the offered service or product is appropriate for the Client. This assessment focuses on the Client's knowledge and experience within the relevant investment sector, ensuring the Client understands the associated risks.

5.3 Professional Clients:

For Professional Clients, the Company assumes they possess the necessary experience and knowledge to comprehend the risks involved in offered investment services, transactions, or product types for which they are classified as professional.

If a Professional Client feels they lack the necessary knowledge or experience, they must inform the Company before receiving such products or services and provide any available information regarding their knowledge and experience level. The Company accepts no liability in such situations.

6. Risk Warning: Acknowledgment of Risks

6.1 High Leverage and Risk:

Contracts for Difference (CFDs) on various assets (spot forex, precious metals, energies, indices, shares, stocks, cryptos, or any other commodities) offered for trading are highly leveraged Financial Instruments and involve significant risk. Clients can potentially lose their entire invested capital. These products may not be suitable for all investors, and Clients should ensure they understand the associated risks. If necessary, independent expert advice is recommended.

6.2 Suitability Assessment:

The Company assesses whether a proposed service is appropriate for the Client based solely on information provided by the Client, including financial information, investment experience, risk tolerance, and investment objectives. It is the Client's responsibility to inform the Company promptly (in writing) of any changes that might necessitate revising this assessment. Furthermore, the Client is responsible for ensuring such information remains up-to-date.

6.3 Information Not Advice:

General economic, market, investment strategy, or investment views expressed to the Client (verbally or written) are not to be considered advice or Company recommendations and do not establish an advisory relationship. Any information received from the Company is provided in good faith for informational purposes only, incidental to other services provided, and the Company does not warrant its accuracy, completeness, or tax implications. The Company accepts no liability for any loss, cost, or liability incurred by the Client relying on such information.

6.4 Client Risk Assessment:

Before engaging in any Financial Instrument, Service, or Transaction, the Client should consider the inherent risks involved, including (but not limited to) credit risk, market risk, liquidity risk, interest rate risk, foreign exchange risk, business, operational, and insolvency risk, "over-the-counter" (OTC) trading risks (clearing house guarantees, price transparency, position closing issues), contingent liability risk, and regulatory and legal risk.

The Client should also confirm they have read and understood the Company's Risk Disclosure Policy, any accompanying Financial Instrument documentation (e.g., terms sheets, offering memorandums, prospectuses), and the Financial Instrument's Contract Specifications for further relevant risk disclosures.

6.5 Market Fluctuations and Client Acknowledgment:

The Client fully acknowledges and accepts that regardless of any information provided by the Company, the value of any Financial Instrument investment may fluctuate downwards or upwards, potentially becoming worthless. The Client also acknowledges that the price and value of Financial Instruments depend on uncontrollable fluctuations in the financial markets.

6.6 Specific Risk Disclosures:

The Client declares and warrants having read, understood, and accepted the following:

• Past performance of a Financial Instrument does not guarantee its current or future performance. Historical data is not a binding or reliable forecast of future performance for the corresponding Financial Instruments.
• Some Financial Instruments may have reduced demand, making them illiquid. The Client may be unable to sell them promptly or easily obtain information on their value or associated risks.
• Trading a Financial Instrument in a currency other than the Client's residence currency exposes the investment to potential negative effects from exchange rate fluctuations.
• Financial Instruments on foreign markets may involve risks beyond those typically encountered in the Client's residence country. These risks may be greater in some cases. Exchange rate fluctuations also affect the potential for profit or loss from transactions on foreign markets.
• A derivative financial instrument (option, future, forward, swap, CFD) may be a non-delivery spot transaction offering the opportunity to profit or lose based on changes in currency rates, commodities, or indices.
• The value of a derivative financial instrument may be directly affected by the price of the underlying security or asset.
• The Client should not purchase a derivative financial instrument unless they are prepared to risk losing their entire investment and any additional commissions or expenses incurred.

6.7 Risk-Reducing Orders/Strategies Limitations:

The Client acknowledges that risk-reducing orders or strategies like "Stop Loss" or "Stop Limits," intended to limit losses to specific amounts, may not always be executed due to unusual market conditions or technical limitations. Strategies using a combination of positions may be just as risky or even riskier than simple "Long" or "Short" positions.

6.8 Negative Balance Protection:

This provider protects retail clients by ensuring their maximum losses from CFD trading, including all related costs, are limited to the funds dedicated to CFD trading in the Client's CFD trading account. This includes any funds not yet paid into the account due to net profits from closing open CFDs connected to the account. Retail clients will not incur any additional liability related to their CFD trading.

Negative balance protection aims to safeguard retail clients in exceptional circumstances where a substantial and sudden price change in the underlying asset prevents the automatic margin close-out protection from being effective, potentially resulting in a negative account value.

7. Electronic Trading

7.1 Accessing Electronic Trading Systems:

The Client's access to the Company's Electronic Systems and the ability to enter into transactions through them is strictly for the Client's internal business use on a non-exclusive and non-transferable basis.

7.2 Authorized Use:

The Client's access to the Company's Electronic Systems and the ability to enter into transactions through them is strictly for the Client's internal business use on a non-exclusive and non-transferable basis.

7.3 Intellectual Property Rights:

All rights, interests, and intellectual property rights (including trademarks and trade names) associated with the Company's Electronic Systems are owned by the Company or its suppliers (under license). The Client has no right or interest in these intellectual property rights beyond accessing the Electronic Systems and using the provided services. The Company reserves the right to modify or substitute all or part of its Electronic Systems at any time and without notice to the Client.

7.4 Content Usage:

The Client may only download content from the Company's Electronic Systems ("Content") for designated purposes and must treat all Content as confidential. Republishing, distributing, reproducing, or disclosing any Content to any person without the Company's prior written consent is strictly prohibited.

7.5 Transaction Capability:

The Company may provide the Client with the ability to initiate transactions through the Electronic Systems.

7.6 Content as Offers:

Content displayed on the Company's Electronic Systems regarding a transaction does not constitute an offer by the Company to enter into a transaction under the listed terms. The Company may modify this Content at any time, including after the Client submits an indication of interest or instruction to proceed with a transaction.

7.7 Electronic Communication Limitations:

The Client acknowledges that electronic communication can be delayed or corrupted, and the content on the Company's Electronic Systems may not be provided in real-time or be fully updated.

7.8 Order Submission Method:

Orders are only accepted electronically through the trading interface; telephone orders are not accepted.

7.9 Confidentiality of Access Codes:

The Client is obligated to take all necessary precautions to ensure the confidentiality of all information, including access codes, user ID, portfolio details, transaction activities, account balances, and any other information or orders.

7.10 Client Responsibility for Orders:

The Client is personally liable for all orders placed through and under their access codes. Any orders received by the Company will be considered to have been placed by the Client. If a third party is designated as an authorized representative to act on the Client's behalf, the Client remains personally liable for all orders placed through and under access codes issued by the Company to that representative.

7.11 Rejection of Non-Electronic Orders:

The Company reserves the right to reject any orders transmitted through means other than the Company's Electronic Systems.

7.12 Unauthorized Access Notification:

The Client is obligated to notify the Company immediately if they become aware of unauthorized use of their access codes. The Client acknowledges that the Company cannot identify instances where someone other than the Client or their authorized representative is logging into the Company's Electronic Systems without the Client's express consent.

7.13 Liability for Third-Party Access:

The Company bears no liability if third parties gain access to information transmitted between the Client and the Company or any other party, including electronic addresses, electronic communication, and personal data, through the internet, network communication facilities, telephone, or any other electronic means.

7.14 Limitation of Liability:

To the extent permitted by law:

• The Company excludes any express or implied warranties, conditions, or representations regarding the condition, quality, performance, fitness for purpose, or otherwise, of the Company's Electronic Systems.
• The Company is not liable for any loss, cost, or liability (including consequential loss) suffered by the Client due to instructions or communications made via the internet.
• The Client is solely responsible for all orders and the accuracy of all information sent via the internet using their access codes or any personal identification issued by the Client.
• The Company is not liable for any damage or loss to equipment or software caused by viruses, defects, or malfunctions related to accessing or using the Company's Electronic Systems.

7.15 Company Undertakings:

The Company undertakes the following:

• The Company's Electronic Systems will not target residents of any specific country and are not intended for distribution to or use by any person in any jurisdiction where such distribution or use would violate local law or regulation.
• Services and offering circulars or other information related to them will not be available or distributed to residents of any country or jurisdiction where such offering or

8. Client Orders and Instructions

8.1 OTC Execution:

The Client acknowledges that all orders executed between them and the Company occur outside a regulated market or Multilateral Trading Facility (MTF).

8.2 Order Submission Methods:

Subject to Section 7.11 (electronic order rejection), the Client can submit instructions to the Company via:

• Signed written document
• Electronic means
• Verbal communication (phone or in person) - The Company must be satisfied with the caller's identity and instruction clarity. The Company may refuse to execute transactions due to unclear instructions or missing essential details (opening/closing positions, order changes/removal).

8.3 Order Processing for Non-Electronic Methods:

If the Client submits an order by a method other than the electronic trading platform, the Company will transmit the order to the electronic trading platform for processing as if it were received electronically.

8.4 Order Types:

The Client may submit instructions for the following order types:

• Instant execution order: Executed at the current market price.
• Pending order: Executed when specified criteria are met. This can include stop-loss and take-profit orders attached to instant or pending orders.

For pending orders, Clients can instruct for:

• Buy Limit: Purchase a CFD at a price lower than the current market price.
• Sell Limit: Sell a CFD at a price higher than the current market price.
• Buy Stop: Purchase a CFD; triggered when the market price reaches a price set above the current market price.
• Sell Stop: Sell a CFD; triggered when the market price reaches a price set below the current market price.

8.5 Trading Hours:

Clients can trade 24/5 from Monday 00.00.01 (GMT+3) to Friday 23.59.59 (GMT+3). However, certain Financial Instruments have specific trading timeframes. Clients are responsible for checking the Contract Specifications on the Company's website for details before trading.

8.6 Reliance on Instructions:

In the absence of any other agreement, the Company will act on any instruction it reasonably believes to have been given by the Client or an authorized person on the Client's behalf, without investigating the genuineness, authority, or identity of the person providing the instructions.

8.7 Instruction Clarity and Confirmation:

The Client must ensure instructions to the Company are clear and understandable. The Company may request written confirmation or take other steps (at the Client's cost) if instructions are unclear or not provided promptly. The Company is not obligated to accept instructions to enter into a Transaction unless required by regulations. The Company is not required to provide a reason for declining a transaction.

8.8 Recording of Communications:

The Client acknowledges and agrees that the Company may record all conversations/communications between the Client and the Company or its representatives. These recordings are the Company's property and will be accepted by the Client as evidence of their orders or instructions. The Company has the right to use recordings and/or transcripts for any purpose it deems desirable.

8.9 Order/Instruction Confirmation and Risk of Misinterpretation:

The Company reserves the right to confirm Client instructions, orders, and communications sent through the trading platform in any manner it determines. By entering into this agreement, the Client accepts the risk of misinterpretation and/or mistakes in instructions and/or orders through the trading platform, regardless of the cause (including technical or mechanical reasons).

8.10 Power of Attorney:

The Client has the right, at their own risk, to use a Power of Attorney to authorize a third person (representative) to act on their behalf in dealings with the Company, provided that:

• The Client informs the Company in writing as per the Company's instructions.
• The authorized person is approved by the Company.
• Both Client and representative fulfill any conditions set by the Company (including document execution).

Unless the Company receives written notification (at least two business days in advance) from the Client regarding the termination of such representative authorization, the Company may continue to accept instructions and/or orders from the representative, and the Client acknowledges these orders as valid and binding.

The Company reserves the right to refuse instructions from any authorized person and consider their appointment terminated, without notice to the Client. Furthermore, the Company may, at any time and at its discretion, reject any existing power of attorney and reverse any relevant transactions, restoring the affected trading account balance.

• Buy Limit: Purchase a CFD at a price below the current market price.
• Buy Stop: Purchase a CFD triggered when the market price reaches a price set above the current market price.
• Sell Limit: Sell a CFD at a price higher than the current market price.
• Sell Stop: Sell a CFD triggered when the market price reaches a price set below the current market price.
• Stop Loss: Order to sell a CFD to limit potential losses, triggered when the market price reaches a specific price.
• Take Profit: Order to sell a CFD to lock in profits, triggered when the market price reaches a specific price.

8.12 Order Modification and Cancellation:

• Instructions can only be withdrawn or amended with the Company's consent.
• The Company can only cancel Client's instructions if not already acted upon.
• The Company may defer or decline to act on instructions they believe are impractical or not in the Client's best interest.

Any order unavailable on the platform will be automatically rejected. The platform will display the status of all orders. If unable to access the platform, Clients can contact the Company by phone to request the status of pending orders.

8.13 Client Liability for Electronic Instructions:

The Company is not liable for losses due to delays, inaccuracies, or issues with electronic instructions (including internet-based instructions). The Client is solely responsible for all orders and the accuracy of information sent electronically using their credentials. The Company is not liable for delays or inaccuracies beyond their reasonable control.

8.14 Order Execution and Price Discrepancies:

Client orders are executed at the "BID/ASK" prices displayed on the platform. The Client acknowledges that due to market volatility and internet connectivity, the requested price and current market price may differ during confirmation. In this case, the Company has the right to:

• Decline the requested price and offer a new price.
• The Client can then accept the new price or refuse it (canceling the transaction).

8.15 Order Execution at Unavailable Prices:

Under certain market conditions, it may be impossible to execute orders at the requested price. The Company may, in this case:

• Execute the order at the first available price.
• Change the opening or closing price of the transaction.

This can occur due to rapid price movements or exchange trading suspensions. Stop-loss orders may not necessarily limit losses to the intended amount due to these possible situations.

8.16 Order Execution Policy:

For further details on price slippage mechanisms used by the Company, refer to the Order Execution Policy provided with this agreement.

8.17 Force Majeure and Market Suspension:

In cases of force majeure, cyberattacks, or other illegal actions against the platform or Company equipment, or suspension of trade in financial markets, the Company may:

• Suspend, freeze, or close Client positions.
• Request revision of executed transactions.

The Company will act in the Client's best interests whenever possible, but limitations of liability may apply.

8.18 Trading Hours Discrepancies:

The Client acknowledges that the Company's trading hours may differ from the trading hours of a specific financial instrument in other markets. The Company may take actions (including execution, modification, opening, or closing of Client positions) due to price movements outside of their trading hours.

8.19 The Company as Counterparty:

The Client acknowledges that the Company acts as the sole counterparty for transactions. This means when the Company executes a transaction for the Client, they may also be engaged in similar trades for other clients, affiliated companies, or for their own account, following regulations.

8.20 Best Execution:

There are situations where the Company does not owe the Client a duty of best execution (refer to the Order Execution Policy for more details). One example is when the Client provides specific instructions, and the Company fulfills the order according to those instructions.

8.22 Order Execution Policy:

The Company will execute orders following their Order Execution Policy, which is provided with this agreement and available on the Company website. The Client agrees to this policy.

8.23 Partial Order Execution:

The Company reserves the right to execute Client orders partially, considering the order volume and current market conditions.

8.24 Spreads:

The Company may adjust the spreads of any financial instrument at their discretion, considering market conditions and the Client's order characteristics. However, the Company assures that these adjustments will always comply with best execution requirements.

8.25 Swap Rates:

Swap rates may vary in size and change depending on market conditions, as determined by the Company.

8.26 Disabling Swap-Free Trading:

The Company may disable swap-free trading on a Client's account if they believe the Client is abusing the system, trading conditions, or threatening the smooth operation of the platform.

8.27 Lot Sizes:

The standard lot size is the unit used to measure each financial instrument on the trading platform. The Company only accepts orders placed in the lot sizes specified in the Contract Specifications on their website. These specifications are subject to change by the Company based on market situations. The Client is solely responsible for reviewing these specifications before placing an order.

8.28 Leverage Changes:

The Client can request leverage changes for their account at any time. However, the Company also reserves the right to modify the Client's leverage (permanently or temporarily) at any time without the Client's consent. The Company will inform the Client of such changes via written notice (regular mail, email, or through the platform).

8.29 Leverage Levels:

By entering this agreement, the Client acknowledges that they have read and understood the leverage levels described on the Company's website. They also acknowledge that the Company may change their account leverage based on the deposit amount or exposure to a single financial instrument.

8.30 Additional Functions/Plug-ins:

The use of additional functions/plug-ins (like trailing stops or expert advisors) available on the platform is entirely at the Client's responsibility and risk. The Company is not liable for any issues arising from their use. The Company also reserves the right to accept or reject the use of these functions and may terminate the relationship with a Client if these functions affect the platform's reliability or operation.

8.31 Margin Close-Out:

The Company has the right to start closing Client positions when the margin level falls below 50%. Positions will be automatically closed at market price if the margin level reaches 20% or less.

8.32 Corporate Events:

If the underlying asset of a financial instrument experiences a corporate event (such as stock splits, share buybacks, or mergers), the Company will determine any necessary adjustments to the transaction's opening/closing price, size, value, or quantity. These adjustments are made to:

• Account for dilution or concentration effects, preserving the economic equivalence of the agreement before the event.
• Replicate the event's effect on someone holding the underlying asset.

The Company is not responsible for notifying Clients about corporate events. "Corporate Events" are defined in the agreement.

8.33 Restriction on Short Selling:

The Company reserves the right to restrict short selling or remove a specific financial instrument from the platform if the underlying asset faces a specific risk that could cause a predicted value decrease.

8.34 Dispute Resolution for Adjustments:

The Company has sole discretion in determining adjustments to transactions or orders. These decisions are final and binding on the Client. The Company will inform the Client of any adjustments via written notice (regular mail, email, or platform) as soon as possible.

8.35 Ex-Dividend Day Adjustments:

If the Client has open positions on the ex-dividend day (the day a stock goes ex-dividend), the Company has the right to close these positions at the previous day's last price and reopen them at the equivalent volume of the underlying instrument at the first available price on the ex-dividend day. The Company will inform the Client of this adjustment via written notice (regular mail, email, or platform) as soon as possible, and Client consent is not required.

8.36 Price Abuse:

If the Company determines that the Client is intentionally exploiting delayed or incorrect price feeds for trading, they reserve the right to:

• Adjust the prices and/or spreads provided to the Client.
• Delay price confirmation and/or re-quote the offered price.
• Restrict the Client's access to the platform or provide only manual quotes.
• Recover any profits from the Client's account if those profits were obtained through price abuse.
• Terminate the relationship with the Client via written notice.

9. Trade Adjustments

9.1 Leverage and Risk:

The Client acknowledges the high degree of risk associated with CFDs and foreign exchange transactions due to leverage. Leverage means a small initial margin can control a much larger position size. This can magnify profits, but also losses.

9.2 Company Adjustments under Market Conditions:

The Company reserves the right to make the following adjustments under certain market conditions (including, but not limited to, times when the trading desk is closed, around important announcements, during credit market changes, or during extreme market volatility):

• Widen variable spreads (the difference between the buy and sell price)
• Adjust leverage (the ratio of the Client's deposit to the total position value)
• Change rollover rates (interest charged on overnight positions)
• Increase margin requirements (the minimum amount of funds required to maintain a position)
• The Company may make these adjustments without prior notice to the Client.

9.3 Indemnification for Losses from Adjustments:

Under these circumstances, the Client agrees to indemnify (compensate) the Company for any losses that may occur due to the widening of spreads or the adjustment of leverage.

10. Order Refusal

10.1 Company's Right to Refuse Orders

The Company can refuse to execute Client orders or provide investment services at any time and without explanation. Some reasons for refusal include:

• Insufficient funds in the Client's account
• The order disrupts the smooth operation or reliability of the platform
• The order appears to manipulate the market
• The order is suspected to involve insider trading
• The order is suspected to be involved in money laundering

10.2 Order Execution Errors

The Company reserves the right to refuse pending orders or modify order prices in case of technical errors or other issues.

10.3 Impact of Refusal

The Client acknowledges that the Company's refusal to execute an order does not affect any obligations between the Client and the Company.

11. Settlement of Transactions

11.1 Transaction Settlement

The Company will settle transactions upon execution according to standard practices for the specific financial instrument or market.

11.2 Client Statements

The Company will provide monthly account statements within five business days of the month's end (unless no transactions occurred). These statements are considered final and binding unless the Client objects in writing within two business days.

11.3 Online Statements

The Company may consider its statement obligations fulfilled since account statements and transaction confirmations are available online through the platform. Any objections to transactions must still be made in writing within two business days.

12. Order Execution Policy

12.1 Best Execution Efforts

The Company strives to achieve the best possible results for Clients when executing their orders. The Order Execution Policy outlines how orders are executed and other factors that can affect execution.

12.2 Client Agreement with Order Execution Policy

By entering this agreement, the Client also agrees to the terms of the Order Execution Policy, which is considered part of this agreement.

12.3 Client Acknowledgement

The Client acknowledges reading and understanding the Order Execution Policy provided during account opening and available on the Company website.

13. Client's Trading Account

13.1 Account Opening

To trade financial instruments offered by the Company, Clients must open an account and agree to the terms of this agreement.

13.2 Account Use

Clients do not intend to use their accounts for third-party payments.

13.3 Account Application

• Individuals: Register on the Company website or fill out an application form with required documents.
• Corporations: Fill out a Company application form and provide all required documents.

13.4 Multiple Accounts

If a Client has multiple accounts, the Company can treat them as a single unit for purposes like transferring funds between accounts to cover negative balances.

13.5 Foreign Currency Conversion

Deposits in a currency different from the Client's base currency will be converted by the Company at the exchange rate in effect when the funds are received. Clients can request to open a sub-account for holding different currencies.

13.6 Agreement Effective Date

This agreement becomes effective upon the first funding of the Client's account, provided the Company has sent written confirmation of the Client's acceptance.

13.7 Employer Reporting

The Client is solely responsible for informing the Company whether information about their trading activity should be reported to their employer (including the compliance officer). Clients are also responsible for designating who at their employer (if applicable) should receive contract notes and account statements.

14. Safeguarding Client Funds

14.1 Segregation of Client Funds

The Company will take all possible measures to safeguard Client funds and prevent their use for the Company's own account.

14.2 Client Money Holding

Client funds will be held by a bank or other institution chosen by the Company, complying with regulations. These funds will be held in a separate bank account designated as a "Client Bank Account" under the Client's name or the Company's name acting on the Client's behalf.

14.3 Separate Accounting Records

The Company will maintain separate accounting records to distinguish Client funds from the Company's own funds.

14.4 Negative Balance Risk

There is a risk that Client accounts with negative balances due to market movements could create a deficit in other Client accounts if held in segregated accounts. To mitigate this risk, the Company uses an automated margin stop-out system to prevent negative balances and absorbs these negative balances as a business cost.

15. Fund Transfers

15.1 Client Bank Account Information

The Company will provide Clients with account information for transferring funds. Clients are responsible for reading and understanding any additional information provided by the Company regarding payment methods.

15.2 Client Payment Information

Clients must provide clear and accurate information on payment documents according to international money laundering and terrorism financing regulations. The Company does not accept third-party payments to Client Bank Accounts.

15.3 Source of Funds

Clients must transfer funds to the Company's Client Bank Account from their own accounts, not from third parties.

15.4 Deposit Processing

Funds will be deposited into the Client's trading account on the "value date" of the received payment, minus any bank charges. The Company may verify the sender's identity before crediting the funds and may return the funds to the sender using the original payment method.

15.5 Client Responsibility for Transfer Details

Clients are solely responsible for providing accurate transfer details. The Company is not liable for lost funds due to incorrect or missing information.

15.6 Right to Refuse Transfers

The Company reserves the right to refuse a transfer for the following reasons (among others):

• Unauthorized Transfers:If the Company suspects a transfer is unauthorized, it may be refused to protect your account security.
• Violations of Our Terms: If a transfer violates the Company's terms and conditions, it may be refused.

In these cases, the Company will return the funds to the sender using the original method, and the Client will be responsible for any bank charges.

15.7 Account Debits and Credits

By signing the agreement, the Client authorizes the Company to make deposits and withdrawals from their trading account, including for transactions and fees.

15.8 Withdrawing Unused Funds

Clients can withdraw unused funds (free margin) from their trading account without closing the account.

15.9 Withdrawal Processing

Unless otherwise agreed, the Company will transfer withdrawals directly to the Client's personal bank account according to the timeframe specified on the Company website. The Company may decline or delay a withdrawal request if they have concerns about the Client's documentation.

15.10 Withdrawal Methods

Clients should generally use the same withdrawal method they used to fund their account. The Company may request a different withdrawal method or additional documentation and may reverse the withdrawal if they are not satisfied with the documentation provided. The Company may also restrict withdrawals to the deposit currency.

15.11 Company's Lien and Right of Setoff

The Company has a lien on all Client funds and assets in their possession as security for any Client debts to the Company. The Company can also set off any Client funds against their obligations to the Company, without prior notice.

15.12 Handling of Reversed Deposits

If the Client's bank reverses a deposit, the Company will reverse the corresponding amount from the Client's trading account. This could result in a negative balance, which the Client is responsible for. The Company may also set off the negative balance against other Client accounts.

15.13 Client Responsibility for Fees

The Client acknowledges reading and accepting information about deposit and withdrawal fees available on the Company's website. The Company reserves the right to change these fees at their discretion.

15.14 Frozen Client Bank Account

The Company is not responsible if the Client Bank Account is frozen, and any Client funds held there will also be frozen.

15.15 Interest on Client Funds

By entering the agreement, the Client waives any right to interest earned on their funds in the Client Bank Account. The Company can keep any interest earned to cover Client Bank Account administration costs.

15.16 Transferring Funds to Other Brokers

The Client consents to the Company transferring their funds to another authorized broker in the EU, where the funds will be held in a segregated Client Bank Account. The Client also consents to their funds being deposited in an omnibus account.

16. Margin, Collateral, and Payments

16.1 Margin Requirements

Margin transactions require Clients to provide and maintain a certain amount of money (margin) with the Company as security for their obligations. The margin requirement can change based on the performance of the Client's positions and other factors determined by the Company. Failure to meet margin requirements can result in the Company closing the Client's positions, potentially causing losses.

16.2 Forms of Margin

Margin is typically paid in cash in the amount and currency requested by the Company. With prior approval, Clients may provide a bank guarantee instead of cash.

16.3 Client Responsibility for Margin

The Client is responsible for promptly paying or maintaining sufficient margin in their trading account to cover:

• Initial margin and variation margin requirements for open positions
• Any amounts owed to the Company
• Negative balances in the Client's trading account

16.4 Margin Treatment

Profits from positions will increase the Client's margin, while losses will decrease it.

16.5 Company's Obligation Regarding Margin

The Company is not obligated to ensure the Client meets margin requirements before executing a trade. The Client remains fully responsible for meeting margin requirements.

16.6 Treatment of Client Money as Margin

Any money paid or held in the Client's trading account that represents margin will be treated as Client Money under the agreement. The Company may convert margin or other Client money into different currencies to cover the Client's obligations to the Company. These obligations include fees, charges, and disbursements paid by the Company to third parties on the Client's behalf. All fees and charges are disclosed on the Company's website.

16.7 Failure to Meet Margin Requirements

If the Client fails to meet margin requirements or make other required payments, the Company can close any open positions without notice and use the proceeds to settle outstanding debts.

16.8 Delivery Obligations

The Client must promptly deliver any money owed under a position according to the terms of the transaction and the Company's instructions. The Client grants the Company irrevocable authorization to handle their money for this purpose until the agreement terminates.

17. Company's Fees, Costs, and Charges

17.1 Fees and Charges

The Company charges fees for services provided under the agreement and to cover expenses incurred. The Company can modify these fees and charges at any time, and the Client will be informed accordingly.

17.2 Payment of Fees and Charges

The Client must pay the Company all amounts owed when due in the currency and to the accounts specified by the Company. Payment must be made in "freely transferable, cleared and available same day funds" without any deductions or withholding unless required by law.

17.3 Deduction of Fees and Charges

The Company can deduct its charges from any funds held on the Client's behalf. The Company can also combine funds from different Client accounts or close open positions to settle outstanding obligations.

17.4 Interest on Overdue Payments

The Company may charge interest, up to the maximum legal rate, on any overdue Client payments. Interest will accrue daily. The Company may also sell financial instruments from the Client's account to settle outstanding debts without notice if the Client fails to make a required deposit. The Company will then notify the Client of the sale.

17.5 Withholding Taxes

The Company may deduct or withhold taxes from any payments if required by law. If the Client is required to withhold taxes, they agree to pay the Company an amount so that the Company receives the full amount that would have been received without withholding.

TermsConditions.17.6

The Company is not responsible for paying the Client's taxes on profits or trading activity.

17.7 Client Relationship Expenses

The Company can charge the Client for expenses arising from the Client relationship, such as telephone, fax, courier, and postal charges for hardcopy statements or confirmations that could have been delivered electronically. The Company can also charge for other expenses, such as reminders or legal assistance.

17.8 Dormant Account Fee

If the Client's account has no activity (including funding or trading) for one year, the Company may charge a $25 (or equivalent currency) annual administrative fee, assuming sufficient funds are available in the account. If insufficient funds are available, the Company will charge a lower amount and close the account.

17.9 Commission Structure

Commissions may be charged as a percentage of the trade value or as a fixed amount. The Client is responsible for understanding the amount of the percentage-based commission.

17.10 Financing Fees

Some financial instruments incur a daily financing fee, also called a swap fee or rollover fee. This fee is charged because the Client is essentially borrowing money from the Company to hold the position overnight. The fee is applied throughout the life of the open position.

• The amount of the financing fee is based on prevailing market interest rates, which can fluctuate over time.
• Holding a long position (buying an asset) typically incurs a debit fee (interest expense to the Client).
• Holding a short position (selling an asset) typically earns a credit fee (interest income to the Client).

17.11 Client Responsibility for Fees

By signing the agreement, the Client acknowledges that they have read and understood the information on the Company's website titled "Contract Specifications." This section details important information about margin, leverage, spreads, commissions, costs, and fees associated with trading financial instruments.

• The Company can change these fees at its discretion.
• Updates on fee changes will be posted on the Company's website.
• The Client is responsible for visiting the Company's website and reviewing the "Contract Specifications" regularly throughout their engagement with the Company, especially before placing any trades.

18. Inducements

18.1 Third-Party Fees and Commissions

The Company may pay and receive fees or commissions to/from third parties in addition to the fees and charges paid by the Client under section 17. These payments are intended to improve the quality of service for the Client and must not compromise the Company's obligation to act in the Client's best interests.

18.2 Introducing Broker Commissions

The Company may pay commissions to introducing brokers, referring agents, or other third parties based on a written agreement. This commission is typically based on the frequency or volume of transactions the referred Client performs through the Company. The Company is required to maintain records of these payments for inspection by the Mwali International Services Authority (MISA).

18.3 Other Third-Party Fees

The Company may also receive fees, commissions, or other remuneration from third parties based on a written agreement. This could include fees from counterparties through which the Company executes transactions. The Company is obligated to disclose details about these fees to the Client upon request.

19. Introduction of Clients from Introducing Brokers

The Client may have been introduced to the Company by an introducing broker, as defined in the agreement.

19.1 Introduction by Introducing Broker

19.2 Introducing Broker Regulations

The Company must provide relevant details about any introducing brokers they work with to the MISA. Introducing brokers are prohibited from introducing clients to more than one MISA-licensed investment services provider. The Company must also ensure the introducing broker does not hold itself out to the public as an introducer or actively promote its services to Clients.

19.3 Client-Introducing Broker Agreement

The Company is not liable for any agreements between the Client and the introducing broker, nor for any additional costs arising from such agreements.

19.4 Introducing Broker Commissions

The Company may pay a fee or commission to the introducing broker based on a written agreement (see section 18.2).

19.5 Know Your Customer (KYC) Diligence

The Company remains responsible for conducting its own KYC checks on the Client and cannot rely solely on the introducing broker's assessment.

19.6 Introducing Broker's Role

The Client acknowledges that the introducing broker's role is limited to arranging a meeting between the Company and the Client and possibly attending the meeting. The introducing broker is not authorized to:

• Provide or promote investment services on the Company's behalf
• Act as a representative of the Company
• Assist the Client with completing investment service-related documentation
• Provide guarantees or promises about the Company or its services

19.7 Introducing Broker as Independent Intermediary

The Client acknowledges that the introducing broker acts as an independent intermediary and cannot:

• Make binding commitments on the Company's behalf
• Make representations about the Company or its services
• Receive funds from the Client related to the Company's investment services

20. Interest

20.1 No Interest on Client Funds

The Client's funds in their trading account with the Company will not bear interest.

20.2 Waiver of Interest

By accepting the agreement, the Client waives their right to receive any interest earned on their funds held in the Company's bank accounts. The Company can keep any interest earned to cover costs associated with administering and maintaining the Client's bank account.

21. Investor Protection

The Company is committed to protecting your investments. We maintain strong financial reserves and follow strict risk management procedures to minimize this risk.

22. Client Complaints

22.1 Submitting a Complaint

If you have a complaint about your experience with the Company, you should submit a complaint form through the Company's website back office department.

22.2 Completing the Complaint Form

You must complete all sections of the complaint form.

22.3 Unacceptable Complaint Content

The complaint form should not include:

• Emotional descriptions of the situation
• Offensive language
• Uncontrolled vocabulary

23. Conflicts of Interest

23.1 Managing Conflicts

The Company has policies in place to manage conflicts of interest that may arise between the Company and its Clients, or between different Clients. The Company will make every effort to avoid conflicts, and if a conflict cannot be avoided, the Company will act in the Client's best interests and ensure fair treatment. The Company's Conflicts of Interest Policy is available on their website.

23.2 Market Maker Conflicts

By entering into the agreement, the Client acknowledges that the Company acts as a market maker, which can create inherent conflicts of interest.

23.3 Client Acknowledgment

By accepting the agreement, the Client acknowledges that they have read, understood, and accepted the Company's Conflict of Interest Policy, which is available on the Company's website.

24. Client Categorization

24.1 Client Classification

The Company will categorize you as a retail client, professional client, or eligible counterparty based on the information you provide. You will be notified of your classification.

24.2 Changing Client Classification

• Clients categorized as eligible counterparties or professional clients can request to be treated as a retail client.
• Clients categorized as retail clients (with the highest level of protection) can request to be categorized as a professional client or eligible counterparty, but the final decision rests with the Company.

24.3 Client Responsibility

You are responsible for keeping the Company informed of any changes that might affect your client classification.

24.4 Client Acknowledgment

By accepting the agreement, the Client acknowledges that they have read, understood, and accepted the Company's Client Categorization document, which is available on the Company's website.

25. Anti-Money Laundering (AML) Provisions

25.1 AML Compliance

The Company is committed to preventing money laundering and terrorist financing. We comply with all applicable laws and regulations in Comoros related to anti-money laundering (AML) and counter-terrorism financing (CTF).

25.2 Source of Funds Verification

The Company may also request information about the source of your wealth/funds and how you obtained the money you intend to invest. This process may involve reviewing certain documents. If you provide false or inaccurate information, or the Company suspects fraud or money laundering, they will document their concerns.

25.3 Third-Party Transfers

The Company's policy prohibits transferring Client funds to third parties unless the Client provides a written application and explanation. The Company will not process any applications or money transfers to third parties/product providers until their verification requirements are met.

25.4 Right to Refuse Orders

The Company has the right to refuse to execute your orders or instructions until you provide all requested information. The Company is not responsible for any delays in investment due to outstanding AML verification.

25.5 Termination for AML/Terrorist Financing Concerns

The Company has the right to immediately terminate the agreement and restrict your ability to withdraw assets if they find your explanations regarding money laundering or terrorist financing to be inadequate or unsatisfactory.

26. Communication Between Client and Company

26.1 Communication Methods

You can communicate with the Company by registered post, fax, or email. All communication will be directed to the address, fax number, or email address specified in the Company's contact details section of the agreement or any later written notification of a change.

26.2 Information Delivery

The Company may provide information to you in paper format or by email to the address you provided during registration. The Company will notify you of any material changes to the information they have provided using the same method originally used (unless otherwise agreed).

26.3 Language of Communication

All notices and information provided by the Company or received from Clients must be in English.

27. Confidentiality and Personal Data Protection

27.1 Client Information Updates

The Client must promptly provide any information requested by the Company to comply with the agreement, regulations, or other requirements. You must also notify the Company of any material changes to this information.

27.2 Data Protection Policy

The Company has a policy in place to ensure all personal data is processed in a responsible and lawful manner. This policy reflects best practices for data privacy.

27.3 Use of Client Data

The Company collects your personal data to provide you with the requested products and services.

27.4 Disclosure of Client Data

The Company may disclose your information to affiliates, agents, or as required by regulations, to perform their obligations to you, or for marketing purposes.

27.5 Limits on Data Disclosure

Except as stated in section 27.4, the Company will not disclose your information to anyone else without your permission or legal requirement. The Company will treat your information confidentially even if you are no longer a client, unless disclosure is required by law, a public duty, or in the Company's interests.

27.6 Client Consent for Data Use

The Client agrees that the Company and its affiliates can:

27.7 Data Transfer

The Client agrees that the Company may transfer your information to other countries. This may include countries with data protection laws that are considered less strict than those in Comoros. The Company will use your information only for the purposes described in this section.

27.8 Individual Client Data Access

If you are an individual, you have the right to request information about the personal data the Company holds about you.

27.9 Recording of Communications

The Company may record phone conversations between you and the Company and may provide copies of transcripts to courts or authorities. All instructions, requests, or orders received by phone are binding as if received in writing.

27.10 Ownership of Recordings

All recordings are the sole property of the Company and are considered conclusive evidence in case of any legal dispute or complaint.

27.11 Client Data Confidentiality

The Company will treat your information confidentially and will only use it for providing the services described in the agreement. Confidential information will be treated as such, so long as it is not already public or in the Company's legal possession without a confidentiality obligation.

27.12 Confidentiality of Agreement Terms

Neither the Company nor the Client can disclose or use the terms of the agreement or additional agreements for any purpose other than as allowed under the agreement, except for information that is:

• Already public
• Already known to the receiving party
• Required by law or court order
• Requested by a regulator

27.13 Permitted Disclosures by Company

The Company may only disclose confidential information in the following cases:

• Required by regulators or enforcement authorities
• To prevent fraud, illegal activity, money laundering, or terrorist financing
• For credit or identification enquiries or assessments
• To bring or defend legal proceedings
• To consultants, lawyers, or auditors who are informed about the confidential nature of the information and agree to confidentiality obligations
• At the Client's request or with the Client's consent, including to provide a service or execute a transaction requested by the Client

Disclosures will be made on a "need to know" basis and the third party will be informed about the confidential nature of the information.

27.14 Client Responsibility for Third-Party Data

Before providing the Company with information about identifiable individuals, you must ensure they consent to the Company using their information and understand that:

• The Company may use their information to develop services and protect its interests.
• The Company may record or monitor phone calls and electronic communications for compliance purposes.
• The Company and its group may use their information for marketing purposes.
• This may use their information for marketing, which may involve transferring it to other countries. While data protection laws may vary internationally, we will take steps to ensure their information is protected.
• The Company may retain their information after you cease to be a client, for legal, regulatory, fraud prevention, and legitimate business purposes.

27.16 Statistical Disclosure

The Company may engage third-party companies to perform statistical analysis to improve their promotional and marketing strategies. This may involve the disclosure of some or all of your anonymized and aggregated data.

27.17 Client Consent for Direct Communication

By entering into the agreement, you consent to the Company contacting you directly by phone, fax, email, or other methods. You agree to these communications and acknowledge that they do not violate your data protection or privacy rights.

27.18 Client Acknowledgment of Privacy Policy

The Client acknowledges that they have read, understood, and accepted the Company's Privacy Policy, which is available on the Company's website.

28. Amendments to the Agreement

28.1 Amending the Agreement

The Company can amend the agreement under the following circumstances:

• To comply with changes in regulations or if a regulatory authority issues a decision affecting the agreement. The Company will notify you of the amendment in writing, by email, or on the Company website. Your consent is not required for these amendments.
• In other situations, the Company will notify you of the amendment in writing, by email, or on the Company website. If you object to the amendment, you can terminate the agreement within 15 business days by sending written notice (registered letter or email) to the Company. All pending transactions on your behalf will be canceled, and any open positions will be closed. If you do not object within 15 business days, you are considered to have consented to the amendment.

29. Termination and Default

29.1 Termination by Either Party

TermsConditions.29.1.P1

29.2 Company Access Restriction Upon Termination

The Company can terminate your access to the trading platform upon termination of the agreement.

29.3 Company Right to Terminate Immediately

The Company can terminate the agreement immediately without notice in the following events of default:

• Your death
• Insolvency, bankruptcy, or winding up of your business
• Termination required by a competent authority or court
• You violate a provision of the agreement, and the Company believes the agreement cannot be performed
• Termination required by a competent authority or court
• You violate a provision of the agreement, and the Company believes the agreement cannot be performed
• You involve the Company in fraud
• You fail to provide information during an investigation by the Company, regulator, or competent authority

29.4 Company Right to Reverse Transactions and Terminate Immediately

The Company can terminate the agreement immediately without notice and reverse or cancel all previous transactions on your trading account in the following events of default:

• You involve the Company in fraud that puts the Company or its clients at risk
• The Company has reason to believe your trading activity disrupts the reliability or smooth operation of the trading platform

29.5 Client Obligations Upon Termination

Termination does not affect any accrued rights, existing commitments, or contractual provisions that are intended to survive termination. Upon termination, you are obligated to pay the following:

• Any pending fees, commissions, or other amounts owed to the Company
• Any charges or expenses incurred by the Company due to the termination
• Any damages arising from the settlement of pending obligations

29.6 Return of Client Assets Upon Termination

Upon termination of this Agreement, the Company will promptly return all the Client's verified and cleared assets held in their possession. However, the Company reserves the right to withhold a portion of the Client's assets to cover any outstanding obligations, such as unpaid fees, unresolved transactions, or potential damages arising from the agreement. The Client will be notified of the withheld amount and the reason for withholding it. Once all outstanding obligations are settled, the remaining assets will be released to the Client without undue delay.

30. General Provisions

30.1 No Reliance on Representations

You acknowledge that the Company did not make any statements that persuaded you to enter into the agreement.

30.2 Assignment of Agreement Rights

You cannot assign or transfer your rights or obligations under this agreement to someone else without the Company's prior written consent.

30.3 Client Liability (Multiple Parties)

If you are entering into the agreement as a partnership or group, your liability under the agreement is joint and several. This means that each member of the group is individually liable for the entire obligation.

30.4 Waiver Requirements

Any waiver of a provision in this agreement must be in writing, signed by both the Company and you, and specifically state that it is a waiver.

30.5 Right to Offset

The Company can offset any amount you owe them (current or future) against any account you hold with the Company.

30.6 Severability

If any provision of this agreement is found to be illegal or unenforceable, the remaining provisions of the agreement will still be enforceable.

30.7 Company Records as Evidence

The Company's records will be considered evidence of your dealings with the Company, unless proven incorrect. You cannot rely on the Company to maintain your records, although they may be available to you upon request.

30.8 Applicable Regulations

This agreement and all transactions are subject to applicable regulations. If there is a conflict between this agreement and regulations, the regulations prevail. The Company can take any action necessary to comply with regulations, and you are bound by those actions.

30.9 Investment Regulations

All transactions are subject to the laws and regulations governing the Mwali International Services Authority (MISA) and other investment authorities. The Company can take any actions it believes are necessary to comply with these regulations, and you are bound by those actions.

30.10 Agreement Amendments

The Company can amend this agreement at any time. Changes will not apply to transactions before the effective date of the amendment unless otherwise agreed. The Company will notify you of any changes in writing, by email, or on the Company website. If you disagree with the amendments, you can terminate the agreement following the termination procedure outlined in section 28.

30.12 Client Responsibility for Fees and Taxes

You are responsible for paying all stamp duties and expenses related to this agreement and any required documentation.

30.13 Client Responsibility to Stay Informed

Information about investment execution conditions, the Company's activities, and other relevant details are available on the Company's website. You are responsible for visiting the website regularly to obtain updates.

30.13 Client Responsibility to Stay Informed

Information about investment execution conditions, the Company's activities, and other relevant details are available on the Company's website. You are responsible for visiting the website regularly to obtain updates.

30.14 Company Materials

The Company may publish materials on its website and other media outlets. This material is considered marketing communication and is for informational purposes only. It does not constitute investment advice, recommendations, or offers to buy or sell financial instruments. The Company does not guarantee the accuracy or completeness of the information and is not liable for any losses based on recommendations or information in the materials. The materials are not prepared according to legal requirements for investment research and may not be objective. Opinions expressed in the materials may change without notice and may be personal to the author and not reflect the views of the Company.

31. Representations, Warranties, and Covenants

By entering into this agreement, the Client makes several promises and guarantees to the Company:

• Authorization and Capacity:You represent that you are authorized and legally able to enter into this agreement and any related transactions.
• Age and Legal Compliance:You confirm you are over 18 years old and legally able to enter into this agreement. You acknowledge and will comply with all local laws and regulations regarding your eligibility to use the Company's services and the truthfulness of the information you provide during registration.
• Truthful Documentation:You warrant that all documents provided by you or on your behalf are true, valid, and authentic.
• Company as Execution Venue:You acknowledge that the Company acts as the principal and sole execution venue for any orders you place.
• Investment Suitability: You represent that you have chosen an investment amount you consider reasonable based on your overall financial situation.
• Source of Funds:You warrant that any funds deposited with the Company belong solely to you, are free of any liens or encumbrances, and are not derived from illegal activities.
• Acting on Your Own Behalf:You confirm you are acting for yourself and not as a representative or trustee for someone else unless you have provided a valid power of attorney.
• Client Responsibility to Stay Informed:You acknowledge that the Company is not obligated to personally inform you of any changes in laws, regulations, or policies. You are responsible for checking the Company's website for this information.
• Marketing Consent:You agree to receive marketing communications from the Company through various methods, including phone calls, emails, and electronic means.
• No Regulatory Restrictions:You confirm that there are no restrictions by government bodies that would prevent you from entering into this agreement or carrying out transactions.
• Compliance with Other Agreements:You represent that your performance under this agreement does not violate any agreements you have with third parties.
• Enforceability: You confirm that this agreement and any transactions are binding on you and enforceable against you according to their terms and do not violate any applicable regulations.
• No Legal Issues:You confirm that there are no pending legal proceedings against you that could affect your ability to perform your obligations under this agreement.
• Understanding of Risks:You acknowledge that you fully understand the terms, conditions, and risks involved in trading and are willing to assume those risks.
• Accurate Information:You warrant that all information you provide to the Company is true, accurate, and not misleading. You agree to inform the Company of any changes that may affect the accuracy of your information.
• Internet Access:You confirm that you have regular access to the internet and the email address you provided. You agree that the Company can communicate with you electronically, including through the website, even if the information is not addressed to you personally.
• No Defaults:You represent that there are no existing defaults on your part.
• Review of Documents:You confirm that you have carefully read and understood the entire agreement, the information on the Company's website and trading platform, the Risk Disclosure Policy, the Order Execution Policy, the Conflict of Interest Policy, and the Client Categorization Policy.
• Indemnification for False Information: You agree to indemnify the Company for any losses, damages, penalties, or legal costs they suffer due to false or misleading information you provide or unsubstantiated declarations you make in this agreement.

32. Company Liability

32.1 Company Negligence, Willful Default, or Fraud

The Company is only liable for losses you suffer if they are caused by the Company's negligence, willful default, or fraud while acting on your instructions.

32.2 Third-Party Negligence

The Company is not liable for losses caused by negligence, willful default, or fraud by any third party they appoint to provide services, as long as the Company exercised reasonable care in selecting that third party.

32.3 Exclusion of Indirect and Consequential Losses

The Company is not liable for any indirect or consequential losses you may suffer, even if caused by the Company's actions or omissions. These losses include:

• Losses from an inability to sell falling investments or buy rising investments
• Losses from missed business opportunities
• Loss of profits, goodwill, or data

32.4 Company Not Liable for Market Fluctuations

The Company is not liable for any economic losses or missed opportunities due to changes in the value of your financial instruments, unless the loss is directly caused by the Company's deliberate omission or fraud.

32.5 Company Not Liable for Mistakes or Misjudgment

The Company is not liable for losses resulting from mistakes in judgment or acts of omission, unless caused by the Company's deliberate omission or fraud.

32.6 Company Not Liable for Bank Issues

The Company is not liable for any losses caused by your bank.

32.7 Client Indemnification

You agree to indemnify the Company for any claims, damages, or expenses brought by a third party related to this agreement, the investment services provided, or your failure to fulfill your obligations under the agreement.

32.8 Company Not Liable for Trading Platform Errors

The Company is not liable for any losses caused by errors, delays, or failures in the operation of the trading platform, regardless of whether the transaction originated online or by phone.

32.9 Exceptions to Liability Limitations

This agreement cannot exclude or limit the Company's liability for anything that is prohibited by law.

33. Indemnity

You agree to indemnify the Company for any losses, liabilities, damages, or costs they incur while providing services under this agreement. This includes losses caused by:

• Acting on instructions they reasonably believe you approved
• Your breach of any important provision of the agreement

34. Force Majeure

The Company is not liable for failing to perform its obligations under the agreement if the failure is caused by events beyond their control, including:

• Acts of God (natural disasters)
• War, fire, flood, explosions
• Strikes or other labor disputes
• Power outages, communication failures, computer problems
• Hacker attacks on the trading platform
• Postal strikes or similar disruptions
• Suspension or closure of markets or trading venues
• Failure of exchanges, clearing houses, or brokers to fulfill their obligations
• If a Force Majeure event occurs, the Company may take any of the following actions without notice:
• Increase margin requirements
• Set buy and sell prices for trades
• Decrease leverage
• Close your open positions at prices they deem appropriate
• Suspend or modify the agreement
• Suspend providing services
• Take other actions they consider reasonable

35. Applicable Laws and Jurisdiction

This agreement and all transactions between you and the Company are governed by the laws of The Union of the Comoros. Any disputes will be settled in the courts of The Union of the Comoros.

The Company has the right to sue you in any other court with competent jurisdiction or in an arbitration forum. You agree to submit to the jurisdiction of such courts or arbitration forums.

36. Governing Language

This agreement and any future amendments are in English. The Company may provide translations in other languages, but these are for convenience only. The English language version is the official and legally binding text. If there is any inconsistency between the English text and a translation, the English text prevails.