1. Introduction
Greetings from Exness. Our “Terms and Conditions,” which comprise the website, mobile applications, trading platforms, and any other pertinent services we offer, are regulated by this document. Through your use of or access to any portion of our services, you consent to be bound by these terms.
- Use of our Services: You acknowledge that you have read, comprehended, and consent to be bound by these Terms and Conditions by accessing the site.
- Updates: We retain the prerogative to modify or add to our Terms and Conditions without prior notice. We strongly advise you to periodically review these terms.
2. Acceptance of the Terms
Utilisation of the Exness services is contingent upon your acceptance of these terms. You agree to the following by completing the registration procedure and/or employing the Exness platform:
- Registration: Recognise that by establishing an account on Exness, you are indicating your explicit agreement to these terms. This entails furnishing the necessary personal information, which must be precise and current, establishing a username and password, and potentially undergoing additional verification procedures at the discretion of Exness.
- Use of Services: Verify that by accessing our Services on a consistent basis (e.g., by logging into your account, conducting transactions, or simply perusing our offerings), you are consistently reiterating your agreement to our present Terms.
Should you have any objections to these Terms or any subsequent alterations made to them:
- Immediate Cessation: It is incumbent upon you to cease all access and utilisation of Exness services without delay. Persisting with usage following the emergence of a dispute constitutes a violation of the agreement, potentially resulting in account suspension or termination.
3. Changes to the Terms
It is acknowledged that the realm of online commerce is in a constant state of change, which may require periodic revisions to our Terms and Conditions. Our organisation remains dedicated to adhering to legal requirements and addressing the ever-evolving demands of our clientele. Consequently, we reserve the prerogative to modify these terms at any moment. Upon doing so, we shall:
- Notification of Changes: It is imperative that the updated Terms be expeditiously published on the Exness website. This constitutes our formal means of informing you of any significant modifications to the conditions outlined in our agreement.
- Visibility of Revision Date: In order to ensure user awareness, the most recent update date will consistently be showcased at the top of the Terms page. This is done to facilitate substantiation and promote transparency regarding the latest version.
By further utilising or accessing the Exness services subsequent to the implementation of the revisions:
- Deemed Acceptance: You are deemed to have accepted the revised terms by agreeing to be bound by them. You must discontinue use of the services if you do not accept the revised terms. It is your duty to periodically review the Terms for any modifications.
- Continuation of Use: Your formal acceptance of the revised terms and conditions is indicated by your continued use of the Services after any modifications to these terms are implemented. Your sole option in the event that you find any modification to be unsatisfactory is to cease using the Services.
Comprehending and complying with these procedures guarantees an open and equitable association between you and Exness, thereby promoting a secure and streamlined trading milieu.
4. Registration and Account
Certain features of our services necessitate the creation of a personal account in order to access and utilise them. Through your continued registration, you hereby declare and consent to the subsequent:
- Legal Age: You affirm that you have reached the minimum age of eighteen years. Individuals who are below the age of 18 are not permitted to subscribe for or utilise the Exness Services.
- Registration Data: You agree to furnish precise, up-to-date, and comprehensive personal information, as requested through the registration forms available on the Services. Ensuring this is mandatory for account maintenance and to receive timely notifications and assistance.
- Account Security: It is your duty to ensure the security of the password you employ to access the Services, as well as to account for any activities or actions conducted using that password. You agree not to disclose your password to any third party and are required to promptly notify us of any unauthorised use of your account or breach of security.
- Updating Information: You agree to ensure that the Registration Data and any other information you provide to us are accurate, current, and complete by maintaining and promptly updating them. Neglecting to comply with this requirement could lead to unavailability of the Services and possible legal ramifications.
- Risk Acknowledgement: By failing to maintain the security and confidentiality of your information, you agree to assume all liability for any damages that may result from unauthorised access to your Registration Data or any other information that you may provide to us.
Your account may be subject to temporary suspension or permanent termination for noncompliance with these terms and conditions.
5. Privacy Policy
We prioritise the safeguarding of your personal information and are dedicated to upholding your privacy. Insofar as they are contained within these Terms, our Privacy Statement outlines our procedures for collecting, processing, and utilising your information. By utilising and accessing Exness Services, you grant permission for the following management of your information:
- Data Use Consent: By providing your information, you authorise Exness to utilise it in alignment with the Privacy Policy. This may consist of transactional data, personal identification information, and other data that you provide while utilising our services.
- Privacy Policy Acknowledgement: You are required to thoroughly examine and comprehend our Privacy Statement. You acknowledge that you have read, comprehended, and agreed to the terms of our Privacy Statement by continuing to utilise our services.
6. Use of Services
Your utilisation and access to the Exness Services are contingent upon your adherence to the subsequent guidelines:
- Permitted Use: You agree to utilise the Services solely for legitimate purposes, in accordance with all applicable laws and regulations and as stipulated in these Terms. Any unauthorised use of the Services is strictly forbidden.
- Intellectual Property Respect: It is imperative that you demonstrate due regard for the intellectual property rights of Exness. Without our express written consent, you undertake not to duplicate, reproduce, copy, sell, trade, or resell any portion of the Services, including any visual design elements or concepts.
7. Risk Disclosure
Engaging in trading activities entails inherent hazards and may not be suitable for every individual. It is essential that, as an investor utilising Exness Services, you recognise and comply with the following:
- Investment Consideration: It is advisable to conduct a thorough assessment of one’s trading objectives, level of expertise, and risk tolerance prior to initiating any trading endeavours. A comprehensive understanding of the potential hazards linked to trading instruments is of utmost significance.
- Risk of Loss: Understand that the potential for partial or complete loss of one’s initial investment exists. As a consequence, trading with funds that one cannot risk losing is not advisable. Additionally, margin trading entails substantial risk and may not be appropriate for all investors.
- Informed Decisions: It is crucial to comprehend the nature of the transactions you are participating in as well as the degree of risk that you are exposed to. It is not guaranteed that investing in speculative products will result in profits, and doing so could incur substantial financial loss.
You acknowledge that you have considered these risks and are willing to engage in trading activities in full awareness of their potential outcomes by agreeing to these terms.
8. Intellectual Property
Exness owns the complete rights to our services, including all content, features, and functionality. Furthermore, these assets are safeguarded by intellectual property legislation. Further details regarding this ownership are as follows:
- Trademarks: All trademarks, service marks, graphics, and logos used in connection with our services are the property of Exness or our licensors, and are either their exclusive trademarks or registered trademarks. This comprises, but is not restricted to, the unique Exness logo, any associated visuals, and any additional brand components that symbolise our services.
- No Implied Licence: By adhering to these terms, you are not granting any licence or right to use the aforementioned marks. Any unauthorised use of these marks without our express written permission is strictly prohibited. The usage of Exness trade names, trademarks, service marks, logos, domain names, and other distinguishing brand characteristics is also prohibited.
- Protection and Enforcement: In the event of an infringement or violation of our intellectual property laws, we will resolutely pursue legal action to protect and enforce our intellectual property rights.
9. User Conduct
Your conduct on the Exness platform is subject to your authority and accountability. It is anticipated that you will maintain a demeanour that is lawful and respectful, abstaining from any conduct that may inflict damage or exploit the platform. This includes the following prohibited activities, among others:
- Unlawful Duplication: It is strictly prohibited to duplicate, disseminate, distribute, or unveil any component of the Services across all platforms, including unauthorised appropriation of content or automated “scraping” techniques.
- Misuse of Automated Systems: It is strictly forbidden to access the Services using any automated system, including “robots,” “spiders,” “offline readers,” and comparable technologies. These activities are prohibited because they may place an unreasonable burden on our infrastructure.
- Integrity of Services: You are prohibited from tampering with, attempting to tamper with, diminishing the quality, interfering with the performance, or impairing the functionality of the Services.
It is of the utmost importance that you comprehend that participation in prohibited activities could result in account suspension or termination, legal repercussions, and the forfeiture of any potential legal claims that you might otherwise maintain against us.
10. Disclaimers
While our objective in offering Exness Services is to ensure a smooth trading experience, there are certain aspects that fall outside our purview of guarantee. The following is evident in our disclaimers:
- “As Is” Basis: The provision of the services is strictly on a “as is” and “as available” basis. We do not make any explicit or implicit guarantees with respect to the performance, accessibility, security, timeliness, or availability of the Services.
- No Implied Warranties: All implied warranties of merchantability, fitness for a specific purpose, and non-infringement are hereby excluded. We do not provide any assurance that the Services will consistently satisfy your needs or remain accessible in a secure, uninterrupted, or error-free fashion.
- No Warranties from Usage: Any warranties that may otherwise be inferred from the transaction or application of trade are hereby disclaimed.
You agree that by utilising our services, you do so at your own risk and that we shall not be responsible for any inconsistencies, mistakes, or outages that may occur.
11. Limitation of Liability
By utilising Exness Services, you acknowledge and consent to the following limitations of our liability:
- Scope of Liability: In regard to incidental, indirect, punitive, special, consequential, or exemplary damages, neither Exness nor its directors, employees, partners, agents, suppliers, or affiliates shall bear responsibility. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.
- Informed Acknowledgement: Regardless of the legal theory underlying the liability barometer—contract, tort (including negligence), warranty, or any other—this limitation of liability remains in effect, notwithstanding Exness’s knowledge of the potential for such harm.
- Damages Cap: Our absolute liability for any damages resulting from or associated with this agreement, irrespective of the cause of action and originating from or related to this agreement, shall be restricted to the greatest extent permitted by law, without limiting the foregoing.
It should be noted that certain jurisdictions prohibit the exclusion of particular warranties or the restriction or exclusion of liability for incidental or consequential damages. As a result, you may not be subject to the aforementioned limitations or exclusions. Exness’s liability shall be restricted to the maximum extent permitted by law in such circumstances.
12. Governing Law
In addition to establishing the framework for our relationship, the Terms & Conditions that govern your use of Exness Services are also governed by the following legal and jurisdictional regulations:
- Jurisdictional Laws: Your use of Exness Services, and these Terms accordingly, are governed by and construed in accordance with the laws of the jurisdiction in which Exness is registered and incorporated. This is applicable irrespective of any conflict-of-law principles that may regulate the way in which the laws of another jurisdiction are applied.
- Legal Compliance: You acknowledge, by agreeing to these Terms, that you shall use the Services in accordance with all local laws and regulations that are applicable, so long as you do not cause us to violate any such laws.
- Dispute Resolution: Should a dispute arise concerning or in relation to these Terms, it shall be resolved solely in the courts situated in the jurisdiction where Exness is incorporated. You assent to the personal jurisdiction and venue of these courts by utilising the Services.
- Amicable Settlement: We strongly advise you to initiate communication with our customer service department in order to seek a resolution prior to resorting to legal proceedings. By contacting us, the majority of customer concerns can be resolved expeditiously and to their complete satisfaction.
You confirm that you comprehend the jurisdiction and laws that govern the resolution of any dispute or claim originating from or in connection with these Terms or your use of Exness Services by accepting them. A fundamental component of the legal contract between you and Exness is this decision.
13. Regulatory Information and Compliance
This segment provides an overview of the regulatory standing and adherence to conformance of the Exness entities.
Exness (SC) Ltd, with the registration number 8423606-1, is a Seychelles-registered securities dealer. With licence number SD025, it is authorised and regulated by the Seychelles Financial Services Authority (FSA). The registered office of the organisation is located on the second floor of 9A CT House in Providence, Mahe, Seychelles.
In a distinct capacity, Exness B.V. functions as a Curacao-registered Securities Intermediary under registration number 148698(0). The Central Bank of Curacao and Sint Maarten (CBCS) has granted authorization to the entity under licence number 0003LSI. Residence 31, Emancipatie Boulevard, Dominico F. “Don” Martina, Curacao, is the location of its registered office.
Furthermore, Exness (VG) Ltd. obtains authorization from the Financial Services Commission (FSC) in the British Virgin Islands and is duly registered with an investment business licence number SIBA/L/20/1133 under the registration number 2032226. The address of the registered office is Trinity Chambers, Road Town, Tortola, BVI 4301 P.O. Box.
The aforementioned designated entities possess the proper authorization to engage in commercial activities using the Exness brand and trademarks. It is imperative to acknowledge that, due to regulatory and legal constraints, the aforementioned entities do not offer their services to residents of specific jurisdictions, including the United States, Iran, North Korea, Europe, the United Kingdom, and others.
This website’s content is furnished solely for informational objectives and should not be construed as investment advice, a solicitation for investment activities, or a recommendation. Duplicating or reproducing any of the content on this website without the express written consent of Exness is strictly prohibited.
Consistent with our dedication to safeguarding data and maintaining privacy, Exness adheres to the Payment Card Industry Data Security Standard. Consistent with the PCI DSS requirements that are suitable for our business model, we perform routine vulnerability assessments and penetration tests to safeguard the confidentiality and security of our clients’ Information.
14. Changes to These Terms & Conditions
Digital services, including online commerce, comprise an ever-changing environment. Exness therefore reserves the right, as necessary, to modify the following terms and conditions:
- Right to Modify: We may at any time determine that modifications to these terms are required. These modifications may be implemented in response to revisions in our service offerings, legal and regulatory requirements, or to enhance the user experience. We shall solely reserve the right to modify or supplant these Terms when such modifications transpire.
- Notice of Changes: If these Terms are revised, we will make every effort to notify you. This may entail publishing an announcement on our primary website or initiating a direct correspondence with you. The method of notification will be determined in accordance with the importance of the modifications we implement.
- Effective Date: The date that the revised Terms become operational will be conspicuously displayed at the top of the Terms page. Your continued use of our services following the implementation of these modifications constitutes your agreement to the revised terms.
- Review Responsibility: You are obligated to periodically review these terms for any modifications. By continuing to use the Services after the revised Terms have been posted, you indicate your acceptance and agreement to the modifications. You should discontinue use of the Services if you do not accept the revised terms.
Bear in mind that modifications to the Terms shall not have a retroactive effect on any conflicts or disagreements that arose prior to the effective date of said modifications. To ensure that you are in agreement with the terms and conditions that govern your use of the Services, we advise you to review them frequently.
15. Effective Date
These Terms were last updated on November 30, 2023 and apply to all use of the Services from this date forward.