Our guidelines for responsible use and service.
This Agreement is established between
Atlas Pro Markets (hereinafter referred to as the “Company”) and the user, whether an individual or a
legal entity (hereinafter referred to as the “Client”), of the Atlas Pro Markets platform (hereinafter
referred to as the “Website”). The Client acknowledges that they have read, comprehended, and
accepted all information, conditions, and terms available on the Website, which are publicly
accessible and include crucial legal information.
By agreeing to this Agreement, the Client
consents to and irrevocably accepts the terms and conditions outlined in this Agreement, along with
its annexes and/or appendices, as well as other documents/information published on the Website,
including but not limited to the Privacy Policy, Payment Policy, Withdrawal Policy, Code of Conduct,
Order Execution Policy, and Anti-Money Laundering Policy. The Client accepts this Agreement by
registering an Account on the Website and making a fund deposit.
Upon acceptance of the Agreement and the
Company's final approval, the Client enters into a legally binding contract with the Company. The
terms of this Agreement will be deemed unconditionally accepted by the Client upon the Company's
receipt of an advance payment from the Client. Once the Company receives the Client's advance
payment, all actions taken by the Client on the Trading Platform will be governed by the terms of
this Agreement and the other documents/information on the Website.
The Client acknowledges that every operation,
activity, transaction, order, or communication conducted by them on the Trading Platform, including
through the Account and the Website, must adhere to the terms and conditions of this Agreement and
the other documentation/information on the Website. By accepting this Agreement, the Client confirms
their ability to receive information, including amendments to this Agreement, via email or through
the Website.
A legal entity wishing to register with the
Company may do so not through the Website but by sending an email with their request. All terms and
conditions stated herein, including but not limited to points 1 to 5 above, will always apply to the
Legal Entity, which must comply with these terms, conditions, obligations, and rights at all times.
Terms of Trade
Account – Refers to a unique,
personalized account registered in the Client's name, which holds all of the Client's transactions
and operations conducted on the Company's Trading Platform (as defined below).
Ask – Indicates the higher price in a
quote, representing the price at which the Client may make a purchase.
Bid – Refers to the lower price in a
quote, indicating the price at which the Client may make a sale.
Digital Option Contract – Refers to a
type of derivative instrument that allows the Client to earn a payout if they accurately predict the
price movement of the underlying asset at the time the option expires. The prediction can indicate
whether the value of the underlying asset will be above or below the strike price upon expiration.
If the option expires at the selected strike price, it will be considered out-of-the-money,
resulting in the loss of the invested amount.
Execution – Refers to the fulfillment of
the Client's order(s) by the Company, acting as the Client's counterparty in accordance with the
terms outlined in this Agreement.
Financial Instruments – Denotes the
Financial Instruments specified in paragraph 2.4 below that are available on the Company's Trading
Platform.
KYC Documents – Refers to the documents
that the Client must provide, including but not limited to a copy of their passport or ID and a
utility bill, if they are an individual. For legal entities, it includes certificates showing
management and ownership up to the ultimate beneficial owner, along with any other documents that
the Company may request at its sole discretion.
Market – Refers to the marketplace where
Financial Instruments are subject to and/or traded, whether organized or regulated, and whether
located in St. Vincent and the Grenadines or internationally.
Market Maker – Describes a company that
provides BID and ASK prices for financial instruments.
Operations – Refers to actions taken
within the Client's Account that follow an order placed by the Client, including but not limited to
fund deposits, withdrawals, the opening and closing of trade transactions/positions, and activities
related to financial instruments.
Prices – Refers to the prices offered to
the Client for each transaction, which may change without prior notice. When relevant, the “Prices”
provided through the Trading Platform include the Spread (defined below).
Services – Refers to the services
outlined in section 3 of this Agreement.
Spread – Indicates the difference between
the purchase price (Ask) and the sale price (Bid) at the same moment. To clarify, a predefined
spread is considered a commission for the purposes of this Agreement.
Trading Platform – Refers to an
electronic system utilized in the trading process.
Subject Of Agreement
The Agreement pertains to the delivery of
Services by the Company to the Client via the Trading Platform. The Company will conduct all
transactions outlined in this Agreement strictly on an execution-only basis, without managing the
account or providing advice to the Client. The Company has the right to execute transactions
requested by the Client as detailed in this Agreement, even if such transactions are not
advantageous for the Client. The Company is not required to monitor or advise the Client on the
status of any transaction, make margin calls, or close any of the Client's open positions, unless
expressly stated otherwise in this Agreement or any other documentation/information available on the
Website. Unless specifically agreed upon, the Company is not obligated to attempt executing the
Client's order at quotes that are more favorable than those available through the Trading Platform.
General Provisions
The Agreement pertains to the provision of
Services by the Company to the Client through the Trading Platform. All transactions carried out by
the Company under this Agreement will be executed on an execution-only basis, meaning the Company
will not manage the Client's account or provide any advisory services. The Company has the right to
execute transactions requested by the Client, as stipulated in this Agreement, even if such
transactions may not be in the Client's best interest.
The Company is not obligated, unless otherwise
stated in this Agreement or additional documentation on the Website, to monitor or advise the Client
on the status of any transaction, to issue margin calls, or to close any of the Client's open
positions. Unless explicitly stated otherwise, the Company has no obligation to attempt to execute
the Client's order at quotes that are more favorable than those available through the Trading
Platform.
Services Of The Company
Services refer to the offerings provided by the
Company to the Client through the Company's Trading Platform. This includes, but is not limited to,
customer support, analytics, news, and marketing information services. The Company will facilitate
the execution of the Client's trading activities, orders, and transactions; however, the Client
acknowledges and accepts that the Company will not provide trust services or trading
consultation/advisory services at any time.
All transactions and operations conducted by
the
Company on behalf of the Client will be processed in accordance with the terms and conditions of
this Agreement and on an execution-only basis. The Company will not manage the Client's account or
provide any form of advice. The Company will process the Client's requested orders and transactions
as outlined in this Agreement, regardless of whether these may not be beneficial for the Client.
The Company is under no obligation, unless
otherwise agreed in this Agreement or additional documentation on the Website, to monitor or advise
the Client on any transaction or order status, to issue margin calls, or to close any of the
Client's open positions. Unless specifically agreed upon, the Company is not required to process or
attempt to process the Client's orders using quotes that are more favorable than those available
through the Trading Platform.
The Company will not be financially liable for
any operations conducted by the Client through the Account and/or on the Trading Platform. Each
Client is recognized as the sole authorized user of the Company's services and their corresponding
Account. The Client is granted an exclusive and non-transferable right to access and use the Account
and is responsible for ensuring that no third party, including but not limited to relatives or
immediate family members, gains access to or trades through their assigned Account.
The Client will be liable for all orders placed
using their security information; any orders received in this manner by the Company will be deemed
to have been placed by the Client. As long as any order is submitted through the Client's Account,
the Company will reasonably assume that such orders are made by the Client and will not be obligated
to investigate further. The Company does not maintain any legal relationship with or liability to
any third party other than the Client. If the Client acts on behalf of a third party or in the name
of a third party, the Company will not accept that person as a Client and will not be liable to that
person, regardless of whether that person is identified.
The Client has the right to cancel their order
placed with the Company within 3 seconds of submitting that order (hereinafter referred to as the
“Cancellation”). The Client understands and agrees that the three-second cancellation option offered
by the Company is available as long as the price remains unchanged. Within this three-second window,
the Company may (but is not required to) present an offer to buy out the option from the Client, who
has the right to accept this offer (hereinafter referred to as the “Buyout”).
The Client is entitled to utilize the
Cancellation or Buyout options in accordance with the conditions specified on the platform. These
conditions may also include any fees charged by the Company, which will be detailed on the platform.
The Company is obligated to provide all necessary information regarding the conditions of
Cancellation and Buyout, including their costs. The Client acknowledges and agrees that the
information provided on the platform is adequate.
Furthermore, the Client recognizes that using
the Cancellation or Buyout options involves significant risks, particularly since the costs
associated with these options depend on market conditions. The Client accepts full responsibility
for any risks associated with the use of Cancellation and/or Buyout. The Client is entitled to use
these options under the conditions specified on the Trading Platform/Website, including any
applicable fees charged by the Company. The Company must provide all relevant information regarding
the conditions of Cancellation and Buyout, including any applicable costs. The Client acknowledges,
accepts, and agrees that the information provided on the Trading Platform is sufficient.
The Client acknowledges, accepts, and agrees
that utilizing the Cancellation or Buyout options involves significant risks, particularly when the
costs related to Cancellation and/or Buyout are influenced by market conditions. The Client
understands and agrees that they will bear all risks associated with the use of the Cancellation
and/or Buyout options.
The Client understands and agrees that the
Company may, at its sole discretion, engage a third party to hold the Client's funds and/or provide
payment execution services from time to time. These funds will be maintained in segregated accounts
separate from the third party's own funds, ensuring that the Client's rights to those funds remain
unaffected.
The Company provides internal live chat
features where clients can share their trading ideas and express general thoughts. The Client
acknowledges and agrees that the Company's live chat feature does not constitute valid or accurate
information directed at clients or potential clients, nor is it a form of investment advice. It is
merely a platform that allows clients to express their thoughts and ideas among themselves.
Investment advice from the Company will only be
provided under a separate written agreement with the Client and after evaluating the Client's
personal circumstances. In the absence of such an agreement, any reports, news, opinions, or other
information provided by the Company to the Client will not be considered investment advice or
investment research.
Execution Of Orders / Electronic Trading
By accepting this Agreement, the Client
acknowledges that he has read and understood all terms and conditions outlined in this Agreement and
the related information on the Website. The Client understands that all orders received will be
executed by the Company as the counterparty to the transaction in its role as a Market Maker. The
Company will act as a principal and not as an agent on behalf of the Client for order execution
purposes. The Client is made aware that conflicts of interest may arise as a result of this model.
The receipt of an order by the Company does not
constitute acceptance; acceptance is confirmed only when the Company executes the order. The Company
is obligated to execute the Client's orders in a timely and sequential manner.
The Client acknowledges and accepts:
- The risk of errors or misinterpretations in orders submitted through the Trading Platform due to
technical or mechanical failures.
- The risk of delays or other issues.
- The risk that orders may be placed by individuals unauthorized to use or access the Account.
The Client agrees to fully
indemnify the Company for any losses resulting from actions taken in accordance with such orders.
The Client understands that during the order reception and transmission process, the Company holds
no responsibility for the content or the identity of the person placing the order, except in cases
of gross negligence, willful default, or fraud by the Company.
The Client acknowledges
that the Company will only act on orders transmitted for execution through predetermined electronic
means, such as the Trading Platform, and the Company will not be liable for failing to act on orders
transmitted through other methods.
Furthermore, the Client
agrees that any products or services offered by the Company may not always be available for purchase
or trading, and the availability of these products is at the Company's sole discretion. The Company
will not be liable, financially or otherwise, in relation to this section, including but not limited
to the unavailability of any product at any given time.
Limitation Of Liability
The Company does not
assure that its services will be uninterrupted, safe, error-free, or immune from unauthorized access
to the trading platform's servers. It also does not guarantee against disruptions resulting from
damages, malfunctions, or failures in hardware, software, communications, or systems on the Client's
computers or those of the Company's suppliers. The provision of services by the Company relies, in
part, on third parties, and the Company is not liable for any actions or omissions by these third
parties. Consequently, the Company is not responsible for any damage, loss, or expense incurred by
the Client or any third party as a result of or in connection with such actions or omissions.
Additionally, the Company
will not be liable for any damage of any kind claimed by the Client that arises from force majeure
or any event beyond the Company's control that affects access to its trading site. Under no
circumstances will the Company or its Agents be held responsible for direct or indirect damages of
any kind, even if they had been made aware of the potential for such damages.
Settlement Of Transactions
The Company will process
the settlement of all transactions immediately upon their execution. The Client will have access to
an online account statement for printing at any time on the Company's Trading Platform.
Indemnity And Liability
The Client agrees to
indemnify and hold the Company, along with its directors, officers, employees, or representatives,
harmless from all direct or indirect liabilities (including, but not limited to, losses, damages,
claims, costs, or expenses) incurred by the Company or any third party as a result of any action or
inaction by the Client in fulfilling their obligations under this Agreement, as well as any
liquidation of the Client's financial instruments used to settle claims with the Company, unless
such liabilities arise from the Company's gross negligence, willful misconduct, or fraud. This
indemnity will remain in effect even after the termination of this Agreement.
The Company shall not be
responsible for any direct or indirect losses, expenses, costs, or liabilities incurred by the
Client in connection with this Agreement, unless such losses are due to the Company's gross
negligence, willful misconduct, or fraud.
Moreover, regardless of
the stipulations in section 8.1 above, the Company bears no liability to the Client for losses of
profit or for any indirect or consequential losses arising from or related to this Agreement. The
Company will not be liable for any missed opportunities that could have increased the value of the
Client's financial instruments or for any decrease in the value of those instruments, unless such
loss is directly attributable to the Company's gross negligence, willful misconduct, or fraud.
Additionally, the Company
will not be liable for any losses resulting from misrepresentations of facts, errors in judgment, or
any actions taken or omitted by the Company, unless such actions or omissions stem from gross
negligence, willful misconduct, or fraud on the part of the Company. Lastly, the Company shall not
be liable for any acts or omissions, or for the insolvency of any counterparty, bank, custodian, or
other third party acting on behalf of the Client or involved in transactions conducted for the
Client.
Personal Data
By agreeing to the terms
and conditions of this Agreement, the Client irrevocably consents to the Company collecting and
processing their personal data/information without the use of automated controls, as provided by the
Client. For the purposes of this Agreement, "personal data" includes the Client's name, surname,
patronymic, gender, address, phone number, email, IP address, cookies, and any information related
to the Services provided to the Client (such as the Client's trading history).
The Client is required to
provide accurate, complete, and correct personal data/information as requested by the Company. The
purpose of collecting and processing this personal data is to comply with applicable regulatory
requirements, including anti-money laundering regulations, and to fulfill obligations under this
Agreement.
The Client acknowledges
and consents that the Company may collect, record, systematize, store, update, extract, use,
transfer, anonymize, block, delete, or destroy personal data, and perform any other actions in
accordance with current regulations. The Company will store and process the Client's personal data
as described in this Agreement for the duration of the Agreement and for five years after its
termination.
The Client also
acknowledges, accepts, agrees, and consents to the Company disclosing personal data to third parties
and their representatives solely for the purposes of this Agreement, including facilitating the
processing of the Client's orders. The amount of personal data disclosed will be proportionate and
limited to what is necessary, and the Company will ensure that third parties handle the data in
compliance with applicable laws.
The Company is not
permitted to publicly disclose personal data or use it for any other purposes, except as required by
law. During the processing of personal data, the Company will implement necessary legal,
organizational, and technical measures to protect it from unauthorized access, destruction,
alteration, blocking, copying, provision, dissemination, and any other illegal actions.
Assignment
The Agreement is personal
to the Client, who is not permitted to assign or transfer any of their rights or obligations under
this Agreement. The Company, however, may assign or transfer any of its rights or obligations under
this Agreement to a third party at any time. The Company will inform the Client of any such
assignment.
The Client confirms that
they have read, understood, and accepted the risk statement concerning the use of Services on the
Website, which is available electronically on the Website.
Charges And Fees
The Company is entitled to
receive a fee from the Client for the Service(s) it provides. The Company may also pay fees or
commissions to business introducers, referral agents, or other third parties based on a written
agreement. These fees or commissions are associated with the frequency or volume of transactions and
other parameters. All applicable fees or charges can be found on the Company's Website under General
Fees. The Company reserves the right to adjust its fees and charges periodically.
Ongoing trading fees,
including but not limited to swaps, will be charged and deducted from the Client's account balance.
If the Client does not maintain sufficient funds in their balance, the relevant position subject to
swap will be closed by the Company. The Client agrees that any amounts sent will be deposited into
the Account at the value on the date the payment is received, minus any charges or fees imposed by
the bank or any other intermediary involved in the transaction process. In other cases, the Client
authorizes the Company to withdraw the fee by transferring it from the Client's Account.
Duration And Termination
Of The Agreement
This Agreement shall be
established for an indefinite duration. It will take effect when the Client accepts the Agreement
and makes an advance payment to the Company. Should there be any inconsistencies between the English
text of the Agreement and its translations in other languages, the English version shall take
precedence, including any English version of documentation or information published on the Website.
The Company reserves the right to terminate this Agreement immediately without prior notice if the
Client fails to submit their KYC documents within 14 days of accepting this Agreement, resulting in
their Account being classified as an unverified Account.
If this Agreement is
terminated for the reasons specified in section 15.b, subclauses i, ii, and x, the Company will have
no liability towards the Client and will not be obligated to pay any profits to the Client (if
applicable). If the termination occurs for the reasons outlined in section 15.a, the Company must
either transfer the remaining balance to the Client or allow the Client to withdraw their remaining
balance. In the event of termination for the reasons specified in section 16.b, the Company will
need to transfer the remaining balance to the Client, excluding any profits.
Terms And Conditions
The Client agrees to
deposit funds into their Account to utilize the Company Services or any additional services
requested on the Website, along with any related expenses (if necessary), including but not limited
to taxes and duties. The Client is fully responsible for ensuring that the funds are deposited into
their Account in a timely manner. The payment service provider will only facilitate the payment for
the amount specified by the Website and will not be responsible for the payment of any additional
amounts incurred by the Client on the Website.
Once the “Payment” button
is clicked, the payment is considered processed and non-refundable. By clicking the “Payment”
button, the Client agrees that they cannot reverse the payment or request its cancellation.
Furthermore, by accepting these terms and conditions, the Client, as the payment cardholder,
confirms their right to use the Services offered on the Website.
By accepting the terms of
this Agreement and depositing funds into the Account, the Client consents to the use of the
Website's Services and acknowledges that any payment processing will be handled by a third-party
payment service provider (the “Provider”). The Client also understands and agrees that there is no
legal entitlement to a refund for Services already purchased or other payment cancellations.
If the Client wishes to
opt out of the 1-Click service for future purchases, they can do so via their Account on the
Website. It is important to note that 1-Click deposits (recurring payments) are not processed as 3-D
Secure transactions; the Client must enable the 3-D Secure function to ensure payments are processed
as such, which is crucial regarding the BTC withdrawal policy.
The Provider shall not be
liable for any refusal or inability to process payment card information of the Client, nor for any
refusal resulting from the failure to obtain authorization from the issuing bank for payment
processing. The Provider is also not responsible for the quality, quantity, or price of any services
offered or purchased by the Client on the Website using the payment card.
When paying for any
Services on the Website, the Client must adhere to the rules governing the use of the Website. It is
emphasized that only the Client, as the payment cardholder, is liable for the timely payment of any
services ordered through the Website and for all associated fees or expenses. The Provider's role is
limited to processing the payment for the specified amount and is not liable for any pricing, total
costs, or other sums.
The Provider will solely
act as the payment processor for the amount stated by the Website and will not be held responsible
for any pricing issues, general prices, or total amounts. If the Client disagrees with the
aforementioned terms or for any other reason, we kindly request that the Client refrain from
proceeding with the payment and, if needed, reach out directly to the Website's administrator or
support team.
The Trader's
Responsibility
The Client acknowledges
that these General Terms are an essential component of this Agreement. It is the Client's
responsibility to ensure that all transactions and Services received comply with applicable laws and
to fulfill any other legal obligations arising from their use of the Website, at the Client's own
option, discretion, and risk. The Client is solely responsible for verifying the legality of such
actions in their jurisdiction and/or place of residence. The Client assumes full liability for all
transactions within their Trading Account, which includes all card transactions and other methods of
deposit and withdrawal (as detailed below).
The Client understands
that the Company reserves the right to accept or reject any deposit, funding, or withdrawal requests
based on the payment method selected by the Client, including but not limited to third-party
financial institutions used for these transactions. The Company may propose alternative options for
the Client's requests.
It is important to
emphasize that the Company does not and cannot control these Third Party Institutions or any
transactions conducted by the Client through the Platform using these institutions. The Client
agrees that the Company shall not be liable, in monetary terms or otherwise, for any loss of funds
resulting from the actions or omissions of Third Party Institutions.
The Client is responsible
for protecting their Username and Password for the Trading Account. The Client assumes full
responsibility for any damage resulting from their actions or omissions that lead to inappropriate
or irregular use of their Trading Account. The Client clearly acknowledges and agrees that they bear
sole responsibility for any decisions made based on the content of the Website, and no claims or
lawsuits of any kind shall be brought against the Company and/or its directors, employees,
functionaries, or Agents (collectively referred to as the Company and/or its Agents).
The Company and/or its
Agents will not be liable for any loss of profits related to the Website, transactions performed by
the Client, Services provided, or these General Terms of use, nor for any other damages, including
special, indirect, or consequential damages, except in cases of malicious actions by the Company.
Without limiting the
above, in the event of a definitive judgment by a court or other authorized legal authority
determining that the Company and/or its Agent(s) are liable to the Client or a third party, the
Company's liability will, in any case, be limited to the amount of money deposited or transferred by
the Client to the Trading Account concerning the transaction that resulted in the Company's and/or
its Agent(s)' liability (if applicable). Additionally, no Trading Account will be approved without
the completion of the Company's compliance procedures, which include the identification and
verification of the Account.