Terms & Conditions
These Terms and Conditions govern the terms of your access and use of FXSP website, platform and/or services provided through this platform as strategy providers, and constitute your legal agreement with us.
After you click on ‘Sign up’, ‘Register’ or ‘I Agree’ or when you use the FXSP website, platform and/or services provided through the platform, a legally binding agreement on these Terms and Conditions is concluded between you and us.
- “Terms”, “Terms and Conditions” means these Terms of Conditions.
- “We”, “us” means MatchTrade Technologies Ltd, the owner of the Platform.
- “Platform” means our website and proprietary web-based platform for registration of Strategy Providers and facilitating availability of their trading strategies to users of Trade Copier Sites.
- “Strategy Provider” means a financial markets trader, who has developed certain trading systems and strategies designed to generate trading signals to be used by Strategy Followers, and whose trading strategies are available to Strategy Followers at Trade Copier Sites.
- “Strategy Follower” means a user of a Trade Copier Site, who uses it for trading by following trading strategies of Strategy Providers.
- “Trade Copier Sites” means third-party web services for the automation of financial trading of Strategy Followers by following trading strategies of financial market traders (strategy providers).
- “Trading Account” means your trading account connected with the Platform, from which your trading strategies are shared with Strategy Followers.
- “User”, “you” means a person or a company using the Platform as a Strategy Provider.
- “Strategy Provider’s Services” means making available by a Strategy Provider its trading strategy to Strategy Followers at Trade Copier Site.
2. Registration; Profile; Verification
To use the Platform, you will first need to register your Profile with us. You may only use the Platform if you are 18 years of age or over (or such other higher minimum legal age in your country) and it is legal for you to do so according to the laws that apply in your country. When you are agreeing to these Terms on behalf of your employer or another company or organization, you represent and warrant that you have full authority to act for and to bind that legal entity to these terms, in which case the terms “you” and “your” will refer to that legal entity. It is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Platform.
You can open Profile with us by entering your valid email address, which will become your Profile name, and choosing password (“Login Details”), and other information such as your:
- first and last name (for legal entities also your company name and registration number),
- country of residence, and
You shall ensure that information provided at registration is always accurate and kept up to date.
You may be able to change information you have provided at registration by editing your Profile preferences or contacting us.
You must not disclose your Login Details to anyone and allow anyone else to use it. You are responsible for the security of your Login Details.
Everyone who identifies themselves by entering correct Login Details is assumed by us to be the rightful Account holder and all transactions where Login Details have been entered correctly will be regarded as valid.
You shall not create multiple Profiles.
The name on your Profile with us must match your true and legal name and identity. The country of residence on your Profile must match your current country of residence.
To verify your identity, we may request at any time:
- satisfactory proof of identity (including but not limited to copies of a valid passport/identity card and/or any payment cards used), and
- satisfactory proof of address (including but not limited to a recent utility bill or bank statement).
In the event you are a corporate entity we may request its formation documents and information sufficient for us to determine the corporate or business entity’s identity, and the authority of its business representative to act on its behalf, as well as the business representative’s identity.
If you do not supply such documentation to us upon request we may suspend or terminate your use of the Platform, and we may withhold your balance until you supply such documentation and our verification process is completed satisfactorily.
3. Use of Platform
Any use of the Platform is at your sole option, discretion and risk.
License Grant. Permitted Use. Subject to your compliance with these Terms, we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the Platform for your own personal non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Platform in the manner permitted by these Terms.
Any other use of the Platform requires our prior written consent.
You acknowledge and agree that your Strategy Provider’s Services will be made available at Trade Copier Sites.
Use of Trading Accounts. You represent, warrant and covenant that you have obtained and during the term of these Terms maintain all necessary rights, authorizations and permissions to submit and use Trading Account(s), including for connecting them to the Platform and for providing Strategy Provider’s Services. You agree to immediately disconnect any Trading Account you are not authorized to use in the event that the foregoing is no longer accurate. You give us a worldwide, royalty-free and non-exclusive right to access, to the extent necessary for us to provide you the Platform’s features and for you to provide Strategy Provider’s Services, Trading Account(s) during the term of these Terms.
Legal Restrictions. The Platform may be used and accessed for lawful purposes only. You understand that laws regarding financial contracts and trading activities vary throughout the world, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your country of residency with regards to the use of the Platform. The ability to access the Platform does not necessarily mean that your activities through it are legal under the applicable laws, regulations or directives, including relevant to your country of residency.
Restrictions. You agree that you will not do any of the following while using or accessing the Platform:
- Connect to the Platform or otherwise use through the Platform any Trading Accounts that you do not have a right to use under any law or contractual or fiduciary relationship.
- Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Platform.
- Distribute, re-transmit, encumber, sell, rent, lease, sublicense, assign or otherwise transfer any of the content, data or information provided by us in any form or by any medium.
- Use or copy any of the content, data or information provided by us in whole or in part.
- Allow or permit (intentionally or unintentionally) someone else to use the Platform using your Login Details and Profile.
- Use the Platform as part of a facility management, timesharing, service provider, software-as-a-service, display, perform, or publish or otherwise permit third parties to benefit from the use or functionality of the Platform or any data or information provided by, with or through the Platform.
- Circumvent, disable or otherwise interfere with security related features of the Platform.
- Interfere with or disrupt (or attempt to interfere with or disrupt) any functionality of the Platform, servers or networks connected to the Platform, or the technical delivery systems of our providers or disobey any requirements, procedures, policies or regulations of networks connected to the Platform.
- Attempt to probe, scan or test the vulnerability of any of our system or network or breach or impair or circumvent any security or authentication measures protecting the Platform.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform.
- Attempt to access, scrape, parse, search or meta-search the Platform with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by us or other generally available third party web browsers.
- Use the Platform in bad faith and/or undertaking any fraudulent practice, in particular:
- Provide incorrect or misleading information while setting up your Profile,
- Falsify any information required to create your Profile,
- Impersonate another person or misrepresent your affiliation with any person or entity,
- Intend to defraud and/or circumvent any contractual or legal restrictions,
- Facilitate or attempt to facilitate any type of illegal transfer, including money laundering, or
- Undertake or attempt to undertake any criminal activity.
- Use the Platform in any manner not permitted by these Terms.
- Encourage or instruct any other individual to do any of the foregoing or to violate these Terms.
We reserve the right, without prior notice and at our sole discretion, to decide whether your use of the Platform violates these Terms for any of the above reasons or for any other reason.
Updates and Support. At our discretion we may make updates or upgrades available for the Platform. On a case-by-case basis and at our sole discretion we may offer support for the Platform consisting of online FAQ, online documentation (user manuals or tutorials), and support over email.
Publicity. By accepting these Terms you consent to the use of, and agree that we may use, your name, likeness, and photograph in, and in connection with, the development, production, distribution and/or exploitation (including marketing and promotion) of the Platform, our websites, products, services and/or our business generally, without additional compensation.
Your Representations and Covenants. You represent, warrant and covenant that
- You have obtained and during the term of these Terms maintain all necessary licenses, rights, authorizations, consents and permissions where required under any applicable law to provide your Strategy Provider’s Services, use the Platform as a Strategy Provider, and transmit your trading strategies to Trade Copier Sites.
- You do not direct or guide any customer accounts or provide trading advice based on, or tailored to the forex interests or cash market positions or other circumstances or characteristics of any customer.
- You have obtained all required domestic and foreign governmental and regulatory licenses or registrations as may be necessary to provide Strategy Provider’s Services and carry out your obligations and duties under these Terms, or are exempt from such registration or licensure.
Reports. You will be provided with access to the trading information of Strategy Followers who follow you as a Strategy Provider, necessary for computation of your compensation.
Rating. You acknowledge and agree that your performance-base rating as a Strategy Provider will be calculated and posted on the Platform. You further agree that we, at our sole discretion, decide what data and information are taken into consideration in order to calculate your rating.
Non-Solicitation. You agree not to solicit to offer the services the same as or similar to Strategy Provider’s Services to any Strategy Follower other than via Trade Copier Sites during the term of these Terms and for 6 months thereafter. You agree that it is impossible to fix with certainty the damage to us for breach of this non-solicitation provision, and you therefore agree that you will pay, for each breach of this provision, as liquidated damages, an amount equal to one hundred percent (100%) of the involved Strategy Follower commission accrued from this Strategy Follower over the most recent 6 full months. Such an amount will be due and payable by you within 10 days of receipt of a notice from us.
No Agency. You are not our employee or agent, nor shall anything herein be construed as making you a partner or co-venturer with us or any of our affiliates. You shall have no authority to bind, obligate or represent us in any capacity.
Compensation. You may receive compensation for providing Strategy Provider’s Services calculated and paid according to the payment terms published on the Platform. The payment terms are the integral part of these Terms. Such compensation will constitute full payment for Strategy Provider’s Services. You will not receive any additional benefits or compensation under these Terms.
At our sole discretion these Terms may be terminated in relation to a Strategy Provider involved in abusive trading behavior or who introduce high risks to Strategy Followers, in which case the compensation for such Strategy Provider’s Services shall be deemed null and void.
Withdrawals. You may request withdrawals of earned compensation at any time and in case all of the following conditions have been met:
- you have over US$100.00 at your balance,
- there are no withdrawal method restrictions,
- your identity has been sufficiently verified, and
- you are in compliance with these Terms.
We will pay you in the US dollars via bank wire transfer or other payment methods (if applicable and at our sole discretion).
You are responsible for any applicable taxes, duties, bank or payment provider fees or surcharges that may occur regarding the transaction. We may report and withhold any amount from your balance (for example, taxes) in order to comply with any applicable law.
After we accept your withdrawal request we will pay you in 15 business days.
In case these Terms are terminated, the withdrawal shall be requested within 30 days of receipt of the termination notification. Withdrawal requests received after this period will be rejected.
4. Intellectual Property Rights
Our Intellectual Property Rights. We own and protect from illegal use the exclusive rights in our Intellectual Property, in particular:
- Programming code and design of the Platform;
- the Platform’s databases;
- Our trademarks, service marks and logos;
- Other content, which is not third-parties’ intellectual property.
No rights in our intellectual property are granted to you, except for the rights explicitly described in these Terms.
5. Disclaimer of Warranties
Your use of the Platform and any other information, products or software made available through the Platform is at your sole risk and discretion.
The Platform and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
In addition to any other disclaimers made in these Terms, we further disclaim any warranties:
- That the Platform will meet your requirements.
- That the Platform will be compatible with any Third-Party Services, including any Trading Accounts.
- Regarding the security, accuracy, reliability, timeliness and performance of the Platform.
- That the Platform will be error-free or that any errors will be corrected.
- That the Platform will be of any particular quality, meet any standards or requirements, or conform to any of your expectations in this regard.
No advice or information, whether oral or written, obtained by you from us, will create any warranty not expressly stated in these Terms. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Compatibility. We do not warrant that the Platform will be compatible with all hardware and software which you may use or which may exist or will exist in the future
6. Third Party Products, Services and Information
The Platform may be linked to or otherwise utilize software, platforms, products or services developed or provided by various third parties, including Trade Copier Sites and Trading Accounts (“Third-Party Services”).
You agree and acknowledge that:
- Use of any such Third-Party Services will be governed by the applicable agreements or terms of services, if any, with such third parties. You shall abide by the terms of these agreements. WE ARE NOT RESPONSIBLE FOR PERFORMANCE AND/OR RELIABILITY OF ANY THIRD PARTY SERVICES AND WILL HAVE NO LIABILITY OF ANY KIND FOR YOUR USE OF SUCH THIRD PARTY SERVICES AND MAKE NO WARRANTY OF ANY KIND WITH RESPECT TO SUCH THIRD PARTY SERVICES.
- We conduct no investigation or review of any of such Third-Party Services and do not recommend, endorse, approve or disapprove of any of them.
- You should check the accuracy of any data or information provided by Third-Party Services and used in conjunction with the Platform.
- The accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information of Third-Party Services used in conjunction with the Platform is not and cannot be guaranteed by us.
- You are solely responsible for selection of a certain Trading Account(s) and all the consequences of their use on the Platform.
- You are solely responsible for choosing, opening and maintaining Trading Account(s).
External Links and Advertisement. We have the right to insert, place or include advertisements or links to third-party products and services of any type on the Platform. We are not responsible for such advertisements and their content. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site.
7. Limitation of Liability
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL WE (INCLUDING OUR SHAREHOLDERS, ULTIMATE OWNERS AND PARENT COMPANIES, ANY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) BE LIABLE TO YOU, ANY OTHER USER OF THE PLATFORM, OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, ATTEMPTED USE, INABILITY TO USE, ACCESS TO, OR USE OR MISUSE OF THE PLATFORM, OUR INTELLECTUAL PROPERTY, CONTENT, THIRD-PARTY SERVICES, OR ANY INFORMATION CONTAINED THEREON, THEREIN, OR AVAILABLE THROUGH THE PLATFORM, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN ADDITION TO ANY OTHER LIMITATION OF LIABILITY PROVISIONS CONTAINED IN THESE TERMS, WE SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS, FAILURE OF TELECOMMUNICATIONS SERVICE OR INTERNET CONNECTIONS, NOR FOR ANY ATTEMPTS BY YOU TO USE THE PLATFORM BY METHODS, MEANS, OR WAYS NOT INTENDED BY US. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM, OR TO YOUR CONNECTING OR USING ANY TRADING ACCOUNT.
IF APPLICABLE LAW DOES NOT PERMIT THE ABOVE LIMITATIONS, AND IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY EVENT UNDER THESE TERMS, OUR TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OR YOUR USE OF THE PLATFORM, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT OF THE (I) THE FEES PAID TO YOU UNDER THESE TERMS IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR (II) €100 IN AGGREGATE, WHICHEVER IS LOWER. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE PLATFORM MAY BE BROUGHT BY YOU OR US MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.
THIS LIMITATION OF LIABILITY MAY BE UNENFORCEABLE AND INAPPLICABLE IN CERTAIN JURISDICTIONS. CONSUMERS IN THOSE JURISDICTIONS HAVE ADDITIONAL RIGHTS. IN THE EVENT THAT THE DISCLAIMERS OF WARRANTIES AND EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE HELD NOT TO APPLY TO YOU, THEN THE PROVISION ON SEVERABILITY IN SECTION 13 BELOW SHALL APPLY TO YOU.
We will not be liable for any loss or damage which you may incur as a result of your breach of these Terms.
From time to time, all or part of the Platform may be unavailable for use by you because of our maintenance, alteration or amendment of the Platform. We shall not be liable if for any reason the Platform is unavailable at any time or for any period. We are not required to provide back-up networks and/or systems.
Force Majeure. We will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by telecommunications providers and unrelated to our infrastructure or connectivity to the Internet, or failure at our co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of our obligations affected by the Force Majeure Event for so long as the event continues.
You agree to defend, indemnify, and hold us, our parents, subsidiaries, affiliates, customers, vendors, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with:
- Your access to or use of the Platform, including but not limited to your choice, connection or use of Trading Account(s).
- Your violation of these Terms.
- Your violation of any applicable law, rule or regulation.
- Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
9. Your Feedback
If you choose to communicate to us any feedback, ideas or suggestions for improvement of the Platform, you grant us free-of-charge, irrevocable, non-exclusive, transferable right to use, modify, share, distribute and communicate such feedback for any and all commercial or noncommercial purposes, without charge and free of any obligation of attribution. You warrant that any such feedback you communicated to us is not subject to any license or any other third party right.
We reserve the right, at our sole discretion:
- To modify or revise these Terms at any time by posting the amended Terms on the Platform’s website. Please check the most current Terms to ensure that you are aware of all the terms governing your use of the Platform.
- To make changes, update or discontinue the Platform or any service, format, feature or functionality thereof at any time with or without notifying you.
- To terminate or restrict access to the Platform for any reason.
Your continued use of the Platform after a change has been made will constitute your acceptance to the revised Terms. If you do not agree with the modifications, please discontinue use of the Platform immediately.
These Terms remain effective from the date of acceptance until terminated by you or us in accordance with these Terms.
You may terminate these Terms at any time by disconnecting your Trading Accounts and ceasing to use the Platform.
Without limiting other remedies, we may suspend or terminate these Terms with you, or may terminate or suspend your use of the Platform at any time if:
- You violate these Terms and Conditions.
- You infringe proprietary rights, rights of privacy, or intellectual property rights of any person, business or organization.
- You engaged in other actions related to or in the course of using the Platform that may be illegal or cause liability, harm, harassment, abuse or disruption for you, other users, us, any other third parties or for the Platform.
- You abuse the Platform, including by sending large amounts of trades.
- You apply abusive trading behavior, introducing high risks to Strategy Followers.
- You have not complied with the verification process.
- Your Profile is inactive for 6 months or more.
- It is required by applicable law.
- We have decided to cease offering or to discontinue the Platform.
Notwithstanding the foregoing, we also reserve the right to terminate the access to the Platform and/or cancel your Profile at any time and for any reason.
Effect of Termination. Upon termination of these Terms all licenses and rights to use the Platform shall immediately terminate; and you will immediately cease any and all use of the Platform.
Upon any termination you will no longer be able to access your Profile. We will have no obligation to maintain any information and content stored in our database related to your Profile or to forward any information to you or any third party.
Any suspension or termination of these Terms will not affect your obligations to us and/or other users under these Terms, including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality, which reasonably are intended to survive such suspension or termination.
Choice of Law. You agree that the laws of the Saint Lucia govern these Terms, their subject matter, the relationship between you and us, any action related these Terms, and any claim or dispute it may arise, without regard to the conflict of laws rules.
Location for Resolving Disputes. You further agree that any disputes or claims related to these Terms will be resolved by state courts located in the Saint Lucia, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
BY AGREEING TO THESE TERMS, YOU ARE:
- WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN.
- IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE COURTS LOCATED IN THE BRITISH VIRGIN ISLANDS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US.
- SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Notices. Any notices or other communications permitted or required under these Terms will be in writing and given by us:
- Via email (to the address that you provide during registration), or
- By posting to the Platform.
Consent to Receive Communications in Electronic Form. For contractual purposes, you:
- Consent to receive communications from us in an electronic form via the email address you have submitted; and
- Agree that the Terms and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Sanctions. You represents, warrants and covenants that you, your owner or your beneficial owner as may be determined by the relevant authority, or any person acting on your behalf is during the term of these Terms:
- listed as a person or entity as being a subject of any economic or financial sanctions laws, regulations or trade embargoes or similar restrictive measures imposed, administered or enforced from time to time by any governmental authority (the “Sanctions”);
- is located or organized in any country or territory subject to country or territory-wide Sanctions; or
- is otherwise a subject of Sanctions.
Assignment. You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void. We may assign these Terms or any rights hereunder without your consent.
No Waiver. The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our right or remedy.
Severability and Integration. These Terms and Conditions constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Last updated: August 28, 2023