Terms and Conditions
Last Updated: November 30, 2023
Please read these terms carefully before using our services.
1. Introduction
Welcome to Exness. This document, our “Terms and Conditions,” governs your use of the Exness commercial platform, which includes the website, mobile application, commercial platform, and any related services we provide. By accessing or using any part of our services, you agree to abide by these terms.
- Your Use of Our Services: By accessing this site and fully understanding and agreeing to these Terms and Conditions, you consent to and agree with all the terms.
- Updates: We reserve the right to update or modify our Terms and Conditions at any time and are committed to notifying you in a timely manner for your review.
2. Acceptance of Terms
Adherence to these terms is a prerequisite for utilizing your Exness services. To complete the registration process and/or use the Exness platform, you agree to the following:
- Registration: Acknowledge that creating an account on Exness is a subjective step towards agreeing with these terms. It involves providing accurate and up-to-date personal information, creating a username and password, and undergoing additional verification processes by Exness if necessary.
- Service Usage: Ensure that each time you access our services, you are currently accepting the existing terms, limiting your ability to log in, perform transactions, or view our offerings if you are not in compliance with the present terms.
In the event that you are against these terms or with any future changes to these terms:
- Immediate Closure: It is your responsibility to instantly and permanently terminate your access and use of Exness services. A continued use after non-compliance may lead to the suspension or termination of your account, as mentioned in an ongoing agreement, which might indicate the freezing or expiration of your account.
3. Changes to the Terms
We acknowledge that the online business landscape of commercial entities is constantly evolving, necessitating timely updates to our terms and conditions. We are committed to adhering to legal standards and ensuring adaptability to the changing needs of our users. Therefore, we reserve the right to edit these terms whenever deemed necessary. During this process, we will:
- Notification of Changes: Ensure that the revised terms are promptly posted on the Exness website as an official method of notification for alterations to our agreement’s terms.
- Visibility of Revision Dates: To facilitate clarity and easy verification of the latest version, the date of the latest update will always be visible at the top of the terms page.
By continuing to access or use the Exness Services in effect of the amendment:
- Consent: You agree to be bound by the modified terms. In case of disagreement with the new terms, you must cease using the services. It is your responsibility to regularly review the terms for any changes.
- Ongoing Usage: Your decision to use any subsequent service after the update signifies your informed consent to the modified terms and conditions. If you find any changes unacceptable, your only recourse is to discontinue service usage.
Understanding and adhering to these procedures will contribute to maintaining a transparent and equitable commercial environment between you and Exness, ensuring the creation of a secure and proficient business environment.
4. Registration and Account
To access and utilize specific features of our service, creating an individual account is necessary. To proceed with registration, you affirm and agree to the following:
- Legal Age: You confirm your representation by being at least 18 years old to be present in the establishment. Exness does not permit individuals under 18 years of age to register for services or use them.
- Registration Information: You provide accurate, current, and complete information as prompted in the registration form. Maintaining the accuracy and completeness of this information is crucial for the continued operation of your account, and it is your responsibility to promptly seek assistance and notification.
- Account Security: You agree to keep secure the password used to access Exness services, and you are responsible for any actions or transactions undertaken with this password. You do not consent to share your password with any third party, and any unauthorized use or access to your account must be promptly communicated to us.
- Information Updates: You agree that the registration information and any other information provided to us will be accurate, current, and complete. It is your responsibility to stay vigilant and uphold this commitment; failure to do so may result in inability to access services and potential legal consequences.
- Risk Awareness: By providing access to authorized parties, you acknowledge that you comprehend all risks associated with unauthorized access to your registration information and any other information. You are responsible for maintaining the security and privacy of your information.
Failure to comply with these terms may result in the temporary suspension or permanent termination of your account.
5. Privacy Policy
We are committed to regularly and seriously maintaining your privacy and safeguarding your personal information. Our privacy policy, forming part of these terms, describes in detail the specifics of data collection, processing, and usage permissions. By accessing and using Exness services, you provide your consent to the following:
- Data Usage Consent: You grant permission for the usage of your information according to this privacy policy. This includes your personally identifiable information, transaction data, and any other information you may provide during the use of our services.
- Privacy Policy Acceptance: It is your responsibility to review and understand our privacy policy. By using our services, you acknowledge your agreement.
6. Service Usage
Your access and use of services provided by Exness are subject to the following guidelines:
- Authorized Usage: You agree to use these services within the defined limits by these terms and comply fully with applicable laws and regulations. Usage beyond these limits is strictly prohibited.
- Intellectual Respect: You must respect the intellectual property of Exness. You agree not to supply information without our consent, create reproductions, or use any elements of design or concepts without obtaining approval from us.
7. Risk Disclosure
Participating in commercial activities inherently involves risks and may not be suitable for everyone. As an investor using Exness services, it is crucial for you to acknowledge and take the following into consideration:
- Investment Prudence: Exercise caution in investing prudently in your business objectives, experience level, and risk tolerance before using commercial tools. Being fully aware of all potential risks associated with commercial instruments is essential.
- Risk of Loss: Remember that you may lose some or all of your initial capital. Therefore, it is advisable not to invest funds that you cannot afford to lose. Trading on margin carries a high risk and may not be suitable for all investors.
- Informed Decisions: Be aware of the transactions you are entering into and ensure full awareness of your risk exposure. Using Exness for commercial products does not guarantee commercial profitability and may be a significant cause of financial loss for all traders.
By accepting these terms, you acknowledge that you have considered these risks and are willing to undertake commercial activities with full awareness of these potential outcomes.
8. Intellectual Property
Our services, entire content, features, and functionality are protected not only as Exness’ property but also as intellectual property under applicable laws. The specifics of this proprietary property are as follows:
- Trademarks: All trademarks, service marks, graphics, and logos included in our services may be a sole trademark or registered trademark of Exness or its licensors. This includes, but is not limited to, the Exness trade name, trademarks, service marks, logos, any structured images, and all other brand elements of our services.
- Implied License Absent: You do not grant any rights or permission to use any trademarks or any of the above symbols, and any such use without written permission is strictly prohibited. This prohibition extends to the use of Exness trade names, trademarks, service marks, logos, domain names, and other proprietary brand features.
- Preservation and Enforcement: We actively enforce our intellectual property rights and take legal action in case of any violation or infringement of our intellectual property laws.
9. User Conduct
Your actions on the Exness platform are within your control and responsibility. We hope that you will proceed in a legal and ethical manner, exercising control over any activities that may harm or pose a threat to the platform. While this is inclusive, the following prohibited activities are not limited:
- Unauthorized Responses: You are not allowed to copy, replicate, distribute, or publish through any means any part of the service, such as any excessive scraping done through automated means or any unauthorized access.
- Improper Use of Automated Systems: The use of “bots,” “spiders,” “offline readers,” or any automated system resembling limited technologies is strictly prohibited. These actions may interfere with our preparatory tools and are not authorized.
- Abuse of Services: You should refrain from attempting to interfere with the proper functioning of the service, reduce service quality, impair service efficiency, or cause harm to the service in any way.
It is crucial to note that engaging in prohibited activities may result in your account being suspended or permanently restricted, legal actions taken against you, and any potential legal claims against you or us.
10. Disclaimers
We provide Exness services with the goal of creating a user-friendly commercial experience, but there are certain things we cannot ensure. This is reflected in our disclaimers:
- “As Is” Basis: The services are provided on an “as is” and “as available” basis. We do not provide any evidence of the availability, timeliness, security, durability, or functionality of the service.
- No Explicit Warranty: We do not provide any explicit warranty regarding the necessity of human intervention, the characteristics of an account, or the qualities arising from the use of the service, including but not limited to the assurance of human conduct, any account or multi-rate qualities.
- No Guarantee of Use: Any warranty through contract or use is expressly disclaimed, and any guarantee arising from active and voluntary use is waived.
By using our services, you acknowledge that you are assuming the risk at your own discretion and that we are not liable for any inaccuracies, errors, or downtime you may experience.
11. Liability Limitations
When preparing to use your Exness services, you have come to understand the limitations of liability towards us:
- Scope of Liability: Exness, its directors, employees, shareholders, agents, suppliers, or collaborators will not be equally liable for any momentary, incidental, punitive, special, unlimited, or exemplary damages, including, but not limited to, damages for loss, goodwill, use, data, or other intangible losses.
- Provision of Knowledge: The limitations of liability under this agreement may apply to any decision of liability, whether contractual, tortious (including negligence), warranty, or any other legal principle if Exness has been informed of the possibility of such damages.
- Limitation of Damages: Except as mentioned above, any liability arising from or related to this agreement may be subject to and limited by the laws of the jurisdiction of the Exness established and registered, whether chosen or not, and always to the maximum extent permitted by applicable law.
Please be aware that failure to comply with certain precautions in certain regions may limit liability or authorization for dispute resolution beyond the scope or exclusion mentioned above, so this limitation or waiver may not be applicable to you in cases of dispute or claim related to the use of Exness services.
12. Administrative Law
The terms and conditions governing your use of Exness services and your location work as a blueprint for our relationship and fall under some legal and jurisdictional rules:
- Legal Rights: Under these terms, and by using your Exness services, you agree that all legal matters arising from or related to the service will be governed and explained by the laws of the Exness established and registered jurisdiction. No form of alternative dispute resolution shall prevail.
- Legal Standards: Under these terms, you are committed to understanding and adhering to all applicable local laws for the use of the service and, primarily, any other relevant laws. Any breach is subject to redress without violating any relevant law.
- Dispute Resolution: In the event of any dispute unheard of under these terms, the dispute shall only be resolved in the jurisdictional court of Exness’s registered location. By using the service, you consent to personal jurisdiction and venue in this court.
- Friendly Resolution: Before going to court, we encourage you to contact our customer service team directly to seek a resolution through prompt communication and customer satisfaction.
By accepting these terms, you ensure that you can comprehend the authorized and applicable laws and any dispute or claim related to the use of Exness services will be resolved from where and by which means specified in this agreement, creating a legal binding between you and Exness.
13. Compliance and Integrity
This section outlines the regulated status and compliance of Exness entities.
Exness (SC) Limited is a registered non-strategic exchange broker in Seychelles with registration number 8423606-1. It is authorized and regulated by the Seychelles Financial Services Authority (FSA) with license number SD025. The registered office of the company is situated at 9A CT House, 2nd floor, Providence, Mahe, Seychelles.
Additionally, Exness B.V. is a registered non-strategic securities intermediary in Curaçao with registration number 148698(0). This entity is approved by the Curaçao Chamber of Commerce and the Central Bank of Curaçao and Sint Maarten (CBCS) with authorization number 0003LSI. The registered office of this entity is located at Emancipatie Boulevard Dominico F. “Don” Martina 31, Curaçao.
Furthermore, Exness (VU) Limited is approved and registered by the Financial Services Commission of the British Virgin Islands (FSC) with registration number 2032226 and business license number SIBA/L/20/1133. The registered office of this entity is Trinity Chambers, P.O. Box 4301, Road Town, BVI.
These specific entities operate under the Exness brand and are authorized to conduct business and use its trademarks. It is crucial to note that services provided by these entities may not be available free of charge due to regulatory and legal restrictions in certain jurisdictions, such as the United States, Iran, North Korea, Europe, the United Kingdom, and others.
The information provided on this website is solely for informational purposes and is not considered investment advice, a recommendation, or an inducement for trading. Reproduction or use of specific information on this website without permission is strictly prohibited.
Our commitment to information security and privacy aligns with the Payment Card Industry Data Security Standard (PCI DSS). Regular vulnerability scans and penetration tests are conducted as per PCI DSS for our business model, ensuring the security and privacy of our clients’ information.
14. Changes to these Terms
Perspectives on digital services, including online trading, are constantly evolving. To uphold respect, Exness retains the right to make changes to these terms as necessary:
- Right to Change: At any time, we may consider it necessary to make changes to these terms. Reasons for such changes may include updates to our service offerings, legal and regulatory updates, or improvements to user experience. In the event of such changes, we will reserve the sole right to modify or replace these terms.
- Notification of Changes: If we update these terms, we will find a way to inform you. This may include posting a notice on our main website or contacting you directly. The method of notification will be based on the significance of the changes.
- Effective Date: The effective date of the updated terms will be clearly posted on the terms page. By continuing to use our services after such changes, you acknowledge your acceptance of the new terms.
- Responsibility for Review: It is your responsibility to regularly review these terms for any changes. By posting comments after the posting of revised terms, you signify that you accept and are mindful of the changes. If you do not agree to the new terms, you must refrain from using our services.
Remember that any changes to the terms will not affect any disputes or disagreements that arose before the effective date of the changes. We recommend that you actively review the terms and conditions to determine which terms and conditions apply to your use of the services.
15. Effective Date
These terms were last updated on November 30, 2023, and are applicable for all service use from this date onwards.