The fx.plus website (hereinafter “the website”) is operated by BLUE TRADE SYSTEMS SA (hereinafter “BLUE TRADE SYSTEMS ” or « BTS ») and may be consulted for information purposes in relation to certain entities, services and products of the BLUE TRADE SYSTEMS Group.
The accessing and use of the website are governed by the Important Legal Information (hereinafter “the Terms and Conditions”) set out herein. The Terms and Conditions shall be supplemented by any and all special agreements applying in connection with a service or product offered by BLUE TRADE SYSTEMS where you or your representative (hereinafter “you”) act in a capacity as contracting party. Nevertheless, in the event of any conflict, the provisions contained in any such special agreement shall prevail.
By accessing and using the website, you acknowledge that you have read, understood and agreed to be bound by the Terms and Conditions. Furthermore, you accept that BLUE TRADE SYSTEMS may, at any time and without any prior notice requirement, alter the Terms and Conditions. If you do not agree to the Terms and Conditions, do not access or use the website in any way whatsoever.
No offer of advice
All the information provided, in particular the opinions, mathematical results and technical analyses published on the website, transmitted to you or obtained via the selection and decision-making tools proposed by Blue Trade SYSTEMS, is provided for information purposes only and SHOULD IN NO EVENT BE CONSIDERED AS AN OFFER, A PIECE OF ADVICE OR A RECOMMENDATION to buy or sell a particular security or to engage in any transaction whatsoever; nor should the information provided be construed as advice of any other type, for example of a fiscal or legal nature.
All of the investment decisions you take shall be based exclusively on your own assessment of your financial situation and your investment goals, as well as on your own personal interpretation of the information available, in particular the opinions, mathematical results and technical analyses published on the website, transmitted to you or obtained via the selection and decision-making tools proposed by Blue Trade SYSTEMS. You are solely responsible for such decisions.
Investments in assets featuring on the website are subject to certain risks. The price of assets may go down as well as up. The future performance of a strategy cannot be guaranteed by past performance. It is therefore possible that you do not get back the amount you invest. WE STRONGLY RECOMMEND THAT YOU SEEK PROFESSIONAL ADVICE BEFORE TAKING INVESTMENT DECISIONS.
Exclusion of Liability
Neither Blue Trade SYSTEMS, the Custody (bank or broker), their directors, officers, employees, agents or shareholders, nor third party information providers, their directors, officers, employees, agents or shareholders will assume ANY LIABILITY FOR ANY LOSS OR DAMAGES WHATSOEVER, be they direct or indirect, incurred as a result of accessing the website or using the information and services available on the website, or as a result of the inability to access or use any information or services available on the website.
Without limiting the foregoing, BLUE TRADE SYSTEMS does not warrant the accuracy, timeliness, completeness, reliability or availability of the website or the information or results obtained from use of the website, or that the website is virus-free or error-free. Furthermore, information may be changed at any time without any prior notice being required.
In particular, it is expressly stated that IN NO EVENT WILL BLUE TRADE SYSTEMS, the custodian bank or broker, their directors, officers, employees, agents or shareholders BE LIABLE FOR ANY LOSS OR DAMAGES incurred as a result of errors, technical or otherwise, transmission failures, SYSTEMS overloads, usage problems, interruptions in services (including but not limited to systems maintenance services), any delay in the transmission of information, incompatibility between the website and your files and/or software (in particular your browser) and/or computer, malfunction, interference, the transmission of a virus onto your computer, unauthorized access (as a result of hacking or piracy activities, for example), the willful blocking of telecommunications tools or networks (as a result of mail-bombing, denial of services attacks, for example) or any other failure or inadequacy on the part of telecommunication or network service providers.
BLUE TRADE SYSTEMS and third party information providers pay particular attention to the preparation and update status of the information provided. Nevertheless, neither BLUE TRADE SYSTEMS nor third party information providers warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the information published on the website, or transmitted to you or obtained via selection or decision-making tools. In addition, any information (including but not limited to real time information) is obtained from what is believed to be a reliable source, but cannot be guaranteed
Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to trade foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading, and seek advice from an independent financial advisor if you have any doubts.
There are risks associated with utilizing an Internet-based deal execution trading SYSTEMS including, but not limited to, the failure of hardware, software, and Internet connection. Since Blue Trade SYSTEMS does not control signal power, its reception or routing via Internet, configuration of your equipment or reliability of its connection, we cannot be liable for communication failures, distortions or delays when trading via the Internet. Since Blue Trade SYSTEMS employs back-up SYSTEMSs and contingency plans to minimize the possibility of SYSTEMS failure.
This site is not intended for distribution, or use by, any person in any country where such distribution or use would be contrary to local law or regulation. None of the services or investments referred to in this website are available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.
Copyright and Trademarks
The content and layout of the website are protected by copyright (all rights reserved) and other intellectual property rights held by BLUE TRADE SYSTEMS and its partners.
Information provided on the website may not be downloaded, printed or otherwise reproduced without BLUE TRADE SYSTEMS’s prior consent. In case BLUE TRADE SYSTEMS grants its consent for a reproduction of whatever nature you do not acquire rights by reproducing or copying in any way information available on the website; all the rights are retained by BLUE TRADE SYSTEMS. You are strictly prohibited from using anywhere other than on the website and from copying in any way whatsoever the software or any other tools available on the website.It is forbidden under any circumstances to set up links, e.g. in the form of hyperlinks or inline links, to the website, to frame it, or to access it through inline links or through a frame, without BLUE TRADE SYSTEMS’s prior written consent.
It is forbidden to reproduce in whole or in part, transmit by electronic or any other means, modify or use copyright elements of the website for public or commercial purposes without BLUE TRADE SYSTEMS’s prior written consent.
The logo in particular is a trademark of BLUE TRADE SYSTEMS. Other verbal and/or graphic elements featuring on the website and used to identify the origin of a product or service may be the trademarks of their respective owners, for example the trademark of one of BLUE TRADE SYSTEMS’ commercial partners. These trademarks may not be reproduced or used without the prior consent of their owners.
The website is not directed at, or intended for distribution to or use by any person/s who, based on their nationality, place of business, domicile or for any other reasons, is/are subject to legal provisions which prohibit foreign financial services providers from engaging in business activities in these jurisdictions, or which prohibit or restrict legal entities or natural persons from accessing websites of foreign financial services providers.
The activation of certain links on the website may cause you to leave the website. Blue Trade Systems does not review any of these linked websites and does not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the content of the websites, nor shall it be in any way responsible for the products, services, information and other content offered via these linked websites. The same applies to websites offering links to the website.
Furthermore, prior written consent must always be obtained before a link from an external site to the website can be created.
The website may contain social bookmarks which are identifiable by means of respective buttons. Social bookmarks allow users of certain social media platforms to post links of selected web pages of the website on their corresponding social media profile in order to bookmark them or share them with their social media contacts. If you use social bookmarks you will be sending identifying data to the respective social media platform. Any comments or activity arising from persons using social bookmarks is not controlled, endorsed or monitored by Blue Trade Systems and Blue Trade Systems shall not be responsible or liable for such. Persons who share information from the website via social bookmarks, in particular Blue Trades Systems’ communications, are not authorized to speak for or represent Blue Trade Systems and their views and opinions must be regarded as strictly their own and not Blue Trade Systems’. In addition, the provisions in these Terms and Conditions relating to links also apply to social bookmarks.
Confidentiality and encryption
Your attention is drawn to the fact that any data exchanged between you and Blue Trade Systems is transmitted via open, public networks (such as the Internet) that are not subject to any controls orreviews. The data transferred may travel beyond Switzerland’s borders, even if both your and Blue Trade Systems are located in Switzerland. In addition, even if the data transmitted is encrypted, it may not necessarily stay encrypted for the entire duration of the transmission, nor may it necessarily remain encrypted at your end: it is possible that data may be intercepted, altered or lost. Blue Trade Systems disclaims all liability in respect thereof.
Furthermore, you hereby declare that you have taken note that the legislation applicable in your country may prohibit or restrict the importing, exporting or use of encryption logarithms. In no event shall Blue Trade Systems be responsible for any violations of measures governing the importing, exporting or use of encryption logarithms. You alone shall be responsible in the event of any such violation.
Lastly, your attention is drawn to the fact that information transmitted electronically, e.g. by e-mail or SMS, is in principle not encrypted and may be intercepted.
Proper use of the website
You undertake to use the website in a proper and reasonable manner, and not to misuse the website in any way or use it in such a way as might occasion, for example, the overloading of the website, any delay in the transmission of information, any interruption of service, blockage of access to the website or any other effect detrimental to Blue Trade Systems or to the users of its website. In particular, itisforbidden:
- to effect e-mail-bombing or any denial-of-service attack (in particular flooding) or any similar attempt similar;
- to infect the website with any virus, worm, Trojan horse or other software, or any similar attempt;
- to gain or attempt to gain unauthorized access to the servers administering the website, or to circumvent or attempt to circumvent or to disable or attempt to disable the website’s security features (hacking);
- to update the information provided on the website using automatic updating programs, e.g. such as are provided by other websites;
- to use offline readers or similar software, in particular such as would allow the mass downloading of data from the website onto your hard disk.
Should you not use the website in a proper and reasonable manner, Blue Trade Systems reserves the right to deny you access to the website.
Applicable law and Place of Jurisdiction
The sole place of jurisdiction for all disputes arising out of or in connection with the Terms and Conditions stipulated herein and/or the use of the website is Fribourg, Switzerland. Blue Trade Systems nevertheless reserves the right to initiate proceedings against you before the competent court at your domicile or any other competent authority.The Terms and Conditions and any part thereof shall exclusively be governed by and construed in accordance with substantive Swiss law.
In the event of one of the Terms and Conditions being void, cancelled or rendered otherwise invalid, the validity of the remaining Terms and Conditions shall not be affected or impaired.
TERMS & CONDITIONS
These Terms and Conditions govern the terms of your access and use of FX+ website, platform and/or services provided through this platform as website visitors, signal followers and signal providers, and constitute your legal agreement with us.
After you click on ‘Sign up’, ‘Register’ or ‘I Agree’ or when you use the FX+ 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 Blue Trade Systems SA, a Swiss company with registered No. CHE-335.941.666, the owner of the FX+ Platform.
- “User”, “you” means a person or a company using the FX+ Platform and the Services as a website visitor, Strategy Follower or Strategy Provider.
- “Strategy Follower” means a user, who has signed up for the Services by registering on the FX+ Platform and uses FX+ Services and Strategy Provider’s Services by following trading signals from Strategy Providers.
- “Strategy Provider” means a financial markets trader, who has developed certain trading systems designed to generate trading signals to be used by Strategy Followers, and who streams their trading activities through FX+ Platform or through the platforms and websites of our licensees.
“Broker” means a broker and its online trading system, which is integrated with FX+ Platform and where the Strategy Followers’ trades are executed according to the trading signals from Strategy Providers.
- “FX+ Platform” means the website and our proprietary web-based platform for auto-trading, accessible at http://www.FX+.com/ or any other online website or mobile application provided by us, through which FX+ Services and Strategy Provider’s Services are available and provided, including their sub-domains, programming code, related technologies, know-hows, databases and design.
- “FX+ Services” means provision of the FX+ Platform by us:
- To Strategy Providers in order for them to provide Strategy Provider’s Services to Strategy Followers through the FX+ Platform. Such services also include access to the trading statistics of Strategy Followers, who follows you as a Strategy Provider.
- To Strategy Followers, in order for them to receive the trading signals from the selected Strategy Providers and following them on financial markets by real-time duplicating (mirroring) their trading activities and execution trades in automated mode according to the trading signals through account opened by Strategy Followers with a Broker (Brokers) and connected with the FX+ Platform. Such services also include (i) validation of the received trading signals from Strategy Providers, (ii) sending the validated trading signals to the Strategy Followers’ accounts with Brokers for execution, and (iii) access to the portfolio management and the trading statistics modules of the FX+ Platform.
- “Strategy Provider’s Services” means making available by Strategy Provider its trading activity and streaming it to Strategy Followers through the FX+ Platform. Each trading action performed in Strategy Provider’s account connected to the FX+ Platform is sent to Strategy Followers’ Broker accounts as a trading signal. Such a signal automatically triggers a trade in Strategy Follower’s account (i) if it falls within the settings and parameters set by Strategy Follower and (ii) in case this particular Strategy Follower has chosen to follow the trading signals from this certain Strategy Provider.
- “Services” means FX+ Services and Strategy Provider’s Services.
2. Registration and Your Account with Us
To use the Services, you will first need to register for an account with us. You may only use the Services 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. 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 Services.
You can open an Account with us by entering your valid email address and login name, which will become your Account name, and choosing password (“Login Details”), and other information such as your:
- first and last name
- country of residence
- phone number
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 Account 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 may not create multiple Accounts.
3. General use of FX+ Platform
Any use of the FX+ Platform and the Services is at your sole option, discretion and risk. By using them you acknowledge that you do not find the services to be objectionable or unfair in any way.
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 FX+ 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 FX+ Platform in the manner permitted by these Terms.
Any other use of the FX+ Platform requires our prior written consent.
The FX+ 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 FX+ Platform and the Services. The ability to access the FX+ Platform does not necessarily mean that the Services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your country of residency.
You agree that you will not do any of the following while using or accessing the FX+ Platform or using the Services:
- Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the FX+ Platform and the Services.
- Distribute, re-transmit, encumber, sell, rent, lease, sublicense, assign or otherwise transfer any of the content, data or information provided by us or Strategy Providers, including trade signals, in any form or by any medium.
- Use or copy any of the content, data or information provided by us or Strategy Providers, including trade signals, in whole or in part except as set out in these Terms.
- Use the FX+ 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 FX+ Platform or any data or information provided by, with or through the FX+ Platform.
- Circumvent, disable or otherwise interfere with security related features of the FX+ Platform.
- Interfere with or disrupt (or attempt to interfere with or disrupt) any functionality of the FX+ Platform, servers or networks connected to the FX+ Platform, or the technical delivery systems of our providers or disobey any requirements, procedures, policies or regulations of networks connected to the FX+ Platform.
- Attempt to probe, scan or test the vulnerability of any our system or network or breach or impair or circumvent any security or authentication measures protecting the FX+ Platform.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the FX+ Platform.
- Attempt to access, scrape, parse, search or meta-search the FX+ 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.
- Collect or store personal data about users without their express permission.
- Impersonate or misrepresent your affiliation with any person or entity or otherwise commit fraud.
- Use the FX+ Platform or the Services 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.
Updates and Support
At our discretion we may make updates or upgrades available for the FX+ Platform. On a case-by-case basis and at our sole discretion we may offer support for the FX+ Platform and FX+ Services consisting of online FAQ, online documentation (user manuals or tutorials), live chat and support over email.
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 FX+ Services, our websites and/or our business generally , without additional compensation.
In the event that you as a Strategy Follower ranks among top trade performers , you acknowledge and agree that by this fact you are making yourself available to us for publicity, advertising and promotional activities relating to FX+ Services, our websites and/or our business generally, without additional compensation, from the date of your entering the top until such time you are no longer in the top. We reserve the right to make public statements about you and your performance, on-air, on the Internet, or otherwise. You agree not to charge or demand, or attempt or seek to charge or demand, any fee or additional consideration or compensation, or impose any additional conditions, in respect of the fulfillment of any such obligations.
4. Use of FX+ Platform and Services by Strategy Followers
You represent that only your own proprietary capital is being used to fund your account. If this is not the case, you represent that you are properly registered or licensed in the jurisdiction where you are located, or exempt from such registration or licensure. You agree to immediately inform us in the event that the foregoing representation is no longer accurate.
We may provide you with evaluation version of the FX+ Platform for 30 days period. This demo version won’t necessarily produce the same results as those obtained on your real account following the same Providers, due to trading and/or market conditions.
BTS is compensated by the broker and for this purpose, the broker applies a markup (= spread widening) to any operation generated via the FX+ Platform. This markup may vary but is usually equal (or very close) to 1 pip. Based on FX market convention, 1 pip represents the fourth decimal point of a price that is equal to 1/100th of 1%. Although such markup may be considered as minimal and therefore not significant by inexperienced traders, it may significantly affect trading results.
Disclaimer Regarding Investment Decisions and Trading
Decisions to buy, sell, hold or trade in foreign currencies and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in investments involves a risk of substantial losses. YOU AGREE THERE ARE RISKS INVOLVED IN IMPLEMENTING INVESTMENT STRATEGIES AND IN INVESTMENTS IN GENERAL.
The use of any trading system, strategy or signals, including any system, strategy or signals included as a sample in, or that is or was developed using, the FX+ Platform and the Services or any data, information, products or services provided by or through the FX+ Platform and the Services, including trade signals from Strategy Providers, does not and cannot guarantee that you will make profits, increase profits or minimize losses.
You understand that there can be no guarantee that your use of the Services or the information disseminated through the FX+ Platform will result in profits. Further, you understand that such your use may result in substantial losses.
Additionally, trading results based upon hypothetical or historically-tested trading strategies or systems do not necessarily compare to results of actual trading. No hypothetical or historical trading record can account for the level of risk present in actual trading. Numerous factors relating to market conditions, the existence or nonexistence of specific events or circumstances, human error, human/emotional reaction to losses during actual trading, inherent limitations of certain hypothetical or historically tested models, particularly ones that do not operate at the “tick” (as opposed to open, high, low, close) level, volume of trade and liquidity differences between hypothetical models and actual trades, and other supply/demand differences that may not be addressed by hypothetical models, and other conditions and circumstances, can account for these differences. There is no guarantee that your hypothetical trading results, even if tested against historical data, will produce comparable actual trading results. In fact, there are frequently sharp differences between hypothetical or historically tested performance results and the actual results subsequently achieved by any particular trading system or strategy. The possible reasons for this include the likelihood that no trading strategy or system can, even with automated trading, be precisely executed as designed. YOU AGREE THAT FUTURE RESULTS MAY NOT BE PROFITABLE OR EQUAL TO REPRESENTATIONS OF PAST PERFORMANCE; REAL, INDICATED OR IMPLIED.
The practice of “Day Trading” involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, strategy or starting following a certain Strategy Provider, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks.
YOU ALONE ASSUME SOLE RESPONSIBILITY FOR ANY INVESTMENTS OR DECISIONS YOU MAKE BASED ON THE FX+ PLATFORM OR ANY DATA, INFORMATION, PRODUCTS OR SERVICES PROVIDED BY OR THROUGH THE FX+ PLATFORM, INCLUDING TRADE SIGNALS FROM SIGNAL PROVIDERS.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE YOU OR ANYONE ELSE INCURS AS A RESULT OF ANY TRADING OR INVESTMENT ACTIVITY THAT YOU OR ANYONE ELSE ENGAGES IN BASED ON ANY INFORMATION, DATA OR MATERIAL YOU RECEIVE THROUGH THE FX+ PLATFORM, INCLUDING TRADE SIGNALS FROM SIGNAL PROVIDERS, OR AS A RESULT OF USE OF THE FX+ PLATFORM.
You also agree to bear complete responsibility for your choice of Strategy Provider(s) and acknowledge that we have not and will not make any specific recommendations to you upon which you are entitled to rely.
No representation is being made that any account will or is likely to achieve profits or losses similar to those achieved by Strategy Providers or any other traders. Your attempt to follow any trades provided by Strategy Providers may be hindered by the inherent delay in receiving and executing that trade; market liquidity, and your own trading issues, including, but not limited to slippage, commissions, trading software, and internet outages.
The returns for Strategy Providers listed throughout the FX+ Platform are hypothetical in that they represent returns in a model account. The model account may rise or fall by the exact single contract profit and loss achieved by clients trading actual money pursuant to the listed system’s trading signals on the appropriate dates, or if no actual client profit or loss is available, by the hypothetical single contract profit and loss of trades generated by the system’s trading signals over the test period.
The actual percentage gains/losses experienced by you will vary depending on many factors, including, but not limited to: the settings you have selected for trades mirroring, starting account balances, market behavior, your account settings, and the performance of Strategy Providers. Because of this, actual percentage gains/losses experienced by you may be materially different than the percentage gains/losses as presented through the FX+ Platform.
No Advice or Solicitation
The FX+ Platform is for informational purposes only. You acknowledge and agree that the FX+ Platform is not intended to supply investment or financial advice or a recommendation to trade using any specific Strategy Provider. We or Strategy Providers offer no advice regarding the nature, potential value, or suitability or any particular currency, transaction, investment or investment strategy. You should not construe any data or information provided by Strategy Providers as legal, tax, investment, financial or other advice.
Nothing in the FX+ Platform is a solicitation to buy, sell or hold foreign currencies or other investments or financial instruments.
FX+ is not responsible for losses, either caused by platform errors under any circumstances or issued by brokers/banks/counterparties. If any error occurs for any reason, we will do our best to solve it as soon as possible.
Mistrading of Strategy Providers shall not be considered as “platform errors”, and we shall not be responsible for losses or lost profits resulting from such causes under any circumstances. FX+ platform is provided for information and trading ideas purpose primarily, and using automation & duplication services remains the sole responsibility of the Strategy Follower. Please note that any consequence of the use of the service on your real trading account will be no ones call but yours. We strongly recommend you to review your account statements and monitor your account status at least daily to ensure that the trades you ordered were placed, and that all trades that were made on your account were authorized by you.
5. Strategy Provider’s Services and Obligations
Strategy Provider’s Exempt Status
Strategy Provider represents and warrants that it does 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.
The Strategy Provider further represents that it has obtained all required domestic and foreign governmental and regulatory licenses or registrations as may be necessary to provide Service Provider’s Services and carry out its obligations and duties under these Terms, or is exempt from such registration or licensure.
The Strategy Provider agrees and acknowledges that we are entitled at our sole discretion to grant a license to our partners who may use our platform under their brand and trade dress. The Strategy Provider hereby consents to provide Strategy Provider’s Services through our licensees’ websites and under their brands.
Verification of Strategy Providers
The name on your Account with us must match your true and legal name and identity, and must match the name on the payment accounts used to withdraw monies.
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 Strategy Provider is a corporate entity, Strategy Provider shall provide 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 we may suspend or terminate your Account and we may withhold the account balance until you supply such documentation and our verification process is completed satisfactorily.
As you trades as a Strategy Provider, your performance and position in the FX+ Platform ranking will evolve; moving up and down. You agree that we, at our sole discretion, decide what data and information are taken into consideration in order to calculate your place in the ranking.
Strategy Provider agrees not to solicit to offer the services the same as or similar to Strategy Provider’s Services to any Strategy Follower while engaged in providing of Strategy Provider’s Services or for 6 month thereafter. Strategy Providers agree that it is impossible to fix with certainty the damage to us for breach of this non-solicitation provision, and Strategy Providers therefore agree that they 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 amount will be due and payable by the Strategy Provider within 10 days of receipt of a notice from us.
Strategy Provider is an independent contractor, and not our employee or agent, nor shall anything herein be construed as making Strategy Provider a partner or co-venturer with us or any of our affiliate. Strategy Provider shall have no authority to bind, obligate or represent us.
Strategy Provider receives compensation for providing Strategy Provider’s Services to Strategy Followers calculated and paid by us according to the payment terms published on our website. The payment terms are the integral part of these Terms. Payment terms depend on the type of your Account with us (Pro, Live, High Risk, Demo, etc.), amount of commissions received from Brokers, your performance and other criteria set out by us at our discretion. We assign the Strategy Provider’s Account types to each Strategy Provider at our sole discretion.
Such compensation paid to the Strategy Provider will constitute full payment for Strategy Provider’s Services. The Strategy Provider will not receive any additional benefits or compensation under these Terms.
Strategy Provider’s compensation is calculated on a monthly calendar basis within 15 business days of the next calendar month.
For each specific calendar month that a Strategy Provider presents a negative balance (the end of month valuation of the Strategy Provider’s equity is lower than its valuation at the beginning of the month), the Strategy Provider will not be compensated, unless he has a Pro Account.
The Strategy Providers, who apply abusive trading behavior, introducing high risks to their Strategy Followers, will be examined carefully and if deemed malicious, they will be refused compensation and their Account may be terminated.
Strategy Provider 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 by us or by Strategy Provider without a cause payment must be requested within 30 days of receipt of the termination notification. Payment requests received after this period will be rejected.
6. Intellectual Property Rights and Content
Our Intellectual Property Rights
We & our partners own and protect from illegal use the exclusive rights in Our Intellectual Property, in particular:
- Programming code and design of FX+ Platform;
- FX+ 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 indicated in these Terms.
We reserve the right to prosecute any infringers in court and/or through other authorities in order to protect Our Intellectual Property.
Third Parties Intellectual Property Rights
Trademarks or service marks are of their respective owners. Third-party trademarks are used:
- With their owners consent, or
- To describe and/or refer to the particular product, company or service underlying the trademark. In this case we are not affiliated with, endorsed by or sponsored by any of the trademark owners.
7. Disclaimer of Warranties
Your use of the FX+ Platform and the Services and any other information, products or software made available through the FX+ Platform or the Services is at your sole risk and discretion and we hereby disclaim all liability to you or any third party relating thereto.
The FX+ Platform and FX+ Services, 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 FX+ PLATFORM AND THE SERVICES, 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.
Strategy Providers disclaim the same warranties as set out above relating to Strategy Provider’s Services furnished to Strategy Followers.
We disclaim any warranties:
- Regarding the security, accuracy, reliability, timeliness and performance of the FX+ Platform and FX+ Services.
- That the FX+ Platform and FX+ Services will be error-free or that any errors will be corrected.
- That the FX+ Platform and FX+ Services 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.
We do not warrant that the FX+ Platform and FX+ Services will be compatible with all hardware and software which you may use or which may exist or will exist in the future.
8. Third Party Products, Services and Information
The FX+ Platform may be connected to or utilize software, platforms, products or services developed or provided by various third party providers, Brokers and/or software developers (“Third-Party Services”). Trade signals, other data and information and Third-Party Services available through or used in conjunction with the FX+ Platform may be provided by Strategy Providers or third parties (e.g., Brokers or trading providers/platforms connected to the FX+ Platform).
You recognize and acknowledge that:
- Use of any such Third-Party Services will be governed by the applicable license agreements or terms of services, if any, with such third party. 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 or trade signals provided by Strategy Providers, and do not recommend, endorse, approve or disapprove of any of them.
- The accuracy of any data or information, including trade signals, available through or used in conjunction with the FX+ Platform should be checked before you rely on it.
- The accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information of Third-Party Services or from Strategy Providers made available through the FX+ Platform is not and cannot be guaranteed by us.
- None of Strategy Providers is recommended by us. You are solely responsible for selection of a certain Strategy Provider(s) and all the consequences of following their trade signals.
- You are solely responsible for selection and opening and maintaining a trading account with a Broker.
External Links and Advertisement
We have the right to insert, place or include advertisements or links to third-party websites of any type through the FX+ 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.
9. Limitation of Liability
IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE FX+ PLATFORM AND THE SERVICES WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL SIGNAL PROVIDERS, BE LIABLE TO SIGNAL FOLLOWERS FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THEIR USE OF THE FX+ PLATFORM AND THE SERVICES.
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 FX+ Platform and the Services.
- 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.
11. Your Feedback
If you choose to communicate to us any feedback, ideas or suggestions for improvement of the FX+ Platform and the Services, 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 our website. Please check the most current Terms to ensure that you are aware of all the terms governing your use of the FX+ Platform and the Services.
- To make changes, update or discontinue the FX+ Platform and the Services or any format, feature or functionality thereof at any time with or without notifying you.
- To terminate or restrict access to the FX+ Platform and the Services for any reason whatsoever.
Your continued use of the FX+ Platform and Services after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree with the modifications, please discontinue use of the FX+ Platform and the Services immediately, and cancel the Account you have opened with us.
These Terms remain effective from the date of acceptance until terminated by you or us in accordance with these Terms.
13. Termination and Account Cancellation
You may terminate these Terms at any time by sending a prior written notice to us and ceasing to use the FX+ Platform and the Services.
Without limiting other remedies, we may suspend or terminate these Terms with you, or may terminate or suspend your use of the FX+ Platform and the Services at any time if:
- You violate any term of 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 FX+ Platform and the Services that may be illegal or cause liability, harm, harassment, abuse or disruption for you, other users, us, any other third parties or for the FX+ Platform.
- It is required by applicable law.
- We cease offering the FX+ Services and/or discontinued the FX+ Platform.
Termination with Strategy Providers. In addition, we may suspend or terminate these Terms with Strategy Provider, or may terminate or suspend Strategy Provider’s use of the FX+ Platform and FX+ Services at any time if:
- You abuse the FX+ Platform by sending large amounts of trades.
- You apply abusive trading behavior, introducing high risks to their Strategy Followers.
- You have not complied with the verification process.
- Your Account is inactive (there has been no trading activity) for 6 months.
Notwithstanding the foregoing, we also reserve the right to terminate the access to FX+ Platform and the Services or cancel your Account at any time and for any reason.
Effect of Termination
Upon termination of these Terms all licenses and rights to use the FX+ Platform shall immediately terminate; and you will immediately cease any and all use of the FX+ Platform and the Services.
Upon any termination you will no longer be able to access any content stored at or available through your Account. We will have no obligation to maintain any information and content stored in our database related to your Account 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 Switzerland 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 Switzerland, 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 SWITZERLAND 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.
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 our website.
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.
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.
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.
All material on the fx.plus website (“FX+”) is owned by Blue Trade Systems SA (CHE-335.941.666), Switzerland. FX+ would like to inform you that your privacy on the internet is of crucial importance to us. The success of our business depends on our ability to maintain the trust of our clients. During the course of our business, we gather information about our users, and we would like to inform you about the type of information we gather, what we do with it and how you can correct or modify the information you entrust us with. Please note that this policy only applies to websites operated by FX+ and not to other organizations or person to which we refer to on such websites through banners or links.
- When you sign up for an account with FX+, the following information about you (“Your Data”) will be collected and stored for administrative, service related and/or legal purposes:
- Application information, such as names, e-mail addresses etc, and
- Verification information, such a address, birth date, phones and information necessary to verify your identity such as a passport or drivers license, (“Personal Information”) and
- Handling information, such as a your trading activities, account balances, your inquiries and our responses, and
- Website traffic pattern information and IP addresses.
FX+ uses Secure Socket Layer (SSL) encryption technology to protect the information that you submit. This technology protects Users from having their information intercepted by anyone other than FX+ during transmission. We work hard to ensure that our websites are secure and that they meet industry standards. We also use additional safeguards: firewalls, authentication systems (e.g., passwords and personal identification numbers) and access control mechanisms to control unauthorized access to systems and data.
Use of information collected by FX+
FX+ uses both the personal and aggregated information that we collect for multiple purposes. The information is used:
- To improve the content of the website
- To customise the content and/or the layout of the website for each individual user
- To notify users about updates to the website
- To send out newsletters or information about other opportunities that we believe will be of interest to you. We will only send this to you if you have indicated that you wish to receive such information and we will respect your wish not to do so if you communicate such wish to us.
Personal Information is collected when our users provide personal information to us upon registering for membership or when applying on-line for an account. We will limit the collection of Personal Information to what is necessary to administer our business in an effort to provide you with superior service.
Traffic pattern information includes information on which web pages our users access or visit, and how many users log into our websites on a daily basis. This kind of information is only used in its aggregated form, which means that the individual user will not be recognizable. We may also use the information we gather to inform you of new products or services available or under consideration, technical issues, customer satisfaction surveys or account updates and related purposes.
Your e-mail address may be used by the FX+ in relation to its products and services (including any marketing campaigns related to these products or services). If you do not wish to receive such marketing material please contact us through feedback form.
Disclosure of personal data
FX+’s employees, directors, officers and/or representatives are obliged by law to treat your data as confidential and may not pass on or use any of your data without valid legal grounds. Any of your data benefits from this full protection and will only be disclosed to third parties such as administrative or judicial authorities if the FX+ is compelled to do so pursuant to the applicable law, or if you have given your written consent to such disclosure. You may revoke such consent or modify its extent at any time. Without prejudice to the above, the FX+ can disclose the following information:
- General customer data, such as name, address to companies carrying out administrative tasks for FX+.
- General customer data about corporate customers to financial institutions subject to professional secrecy, for the purpose of marketing and advisory services.
- If the data we hold about you proves inaccurate or outdated, we will correct it upon your request.
If you have any other question or concern, please contact us by email.