Terms and Conditions
These Terms and Conditions (“Agreement”) govern your use of the CFD trading services provided by FinScorpio (“Company”, “we”, “us”, or “our”) through our website and trading platform. By opening an account and/or using our services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
1. Client Accounts, Deposits, and Withdrawals
1.1. The Company will open one or more Client Account(s) for the Client, enabling the Client to place Orders on various Financial Instruments offered through the Company’s Platform.
1.2. The types of Client Accounts, including their specific features, privileges, and requirements, are listed on the Company’s Website and may be updated or modified at the Company’s sole discretion from time to time.
1.3. A Client Account will be activated once the Client deposits the minimum initial amount, as determined by the Company and subject to change at any time. The minimum initial deposit may vary based on the type of Client Account selected by the Client.
1.4. Clients may deposit funds into their accounts at any time during the term of this Agreement. Deposits must be made using the methods and, in the currencies, accepted by the Company, as detailed on the Website.
1.5. The Company reserves the right to request documentation to verify the source of any funds deposited into a Client Account. Deposits may be rejected if the Company is not satisfied with the legality or source of the funds.
1.6. Deposited funds will be credited to the relevant Client Account within one Business Day after the funds have cleared in the Company’s bank account.
1.7. If a deposited amount is not reflected in the Client Account as expected, the Client must notify the Company and request an investigation. Any charges incurred for the investigation will be borne by the Client, either via direct payment to the investigating bank or via deduction from the Client Account. Clients must provide all requested documents to facilitate such investigations.
1.8. Withdrawals of Client funds will be processed upon receiving a valid withdrawal request through the Company’s approved methods.
1.9. Withdrawal requests will be processed within two (2) Business Days, and no later than seven (7) Business Days, provided that:
(b) Funds are transferred only to the originating account or a bank account belonging to the Client;
(с) The destination account is verified as belonging to the Client;
(d) Sufficient funds are available in the Client Account, inclusive of all fees and charges;
(e) No open positions exist in the Client Account at the time of withdrawal;
(f) No Force Majeure event prevents the Company from processing the withdrawal.
1.10. The Company will not accept third-party or anonymous payments and will not process withdrawals to third-party or anonymous accounts.
1.11. The Company reserves the right to decline a withdrawal request for a specific method and may suggest an alternative.
1.12. All third-party transfer or payment charges shall be borne by the Client and may be debited from the Client Account.
1.13. Clients may request internal transfers between their own accounts held with the Company. Such transfers are subject to the Company’s current policies.
1.14. Errors in transferring funds caused by the Company will be corrected, and the funds refunded. If a Client provides incorrect instructions, the Company may be unable to correct the error, and the Client may bear the resulting loss.
1.15. Withdrawals may be subject to a service or brokerage fee ranging from 5% to 25% of net profits generated on the platform. The applicable percentage is determined by the Company based on account type, trading activity, and internal risk assessments. These fees are to be settled separately before withdrawal and are final once assessed.
1.16. All transactions are monitored and reviewed by regulatory or financial oversight entities. The Client acknowledges that any external fees, taxes, or penalties arising from such monitoring are the Client’s responsibility.
2. Inactive and Dormant Client Accounts
2.1. If a Client Account remains inactive for 30 days (no trading, deposits, or withdrawals), the Company will contact the Client via email or phone. If inactivity continues, a monthly maintenance fee of $50 USD will apply.
2.2. Accounts inactive for one year or more may be classified as dormant. The Company will notify the Client, and funds in dormant accounts will remain the Client’s property. The Company will maintain records and return funds upon request.
3. Amendment of the Agreement and Risk Management
3.1. The Company may upgrade or convert Client Accounts, update the Platform, or enhance services to the Client where it is reasonably considered beneficial and does not increase costs.
3.2. The Company may amend any terms of the Agreement (including appendices and policies on client classification, investor compensation, conflicts of interest, order execution, risk disclosure, and complaints procedures) for the following reasons:
(a) To clarify terms or improve comprehension without disadvantaging the Client; (b) To incorporate new services, replace outdated services, or withdraw obsolete services; (с) To adapt to changes in banking, financial, technological systems, or Platform requirements; (d) To comply with regulatory requirements or changes in Applicable Regulations; (e) To correct inconsistencies with Applicable Regulations.3.3. Changes not listed in 3.2 may be made if the Client can terminate the Agreement without penalty.
3.4. Clients will receive at least 15 Business Days Written Notice of changes, except when changes are required immediately by regulatory authorities.
3.5. Notices may be posted on the Website, with additional means of communication provided when applicable.
3.6. The Client is deemed to accept the changes unless they notify the Company of termination prior to the effective date. No additional charges will apply other than fees for services provided until termination.
3.7. The Company may adjust costs, fees, commissions, trading conditions, execution rules, bonus policies, or trading times from time to time. The Client is responsible for monitoring these changes.
3.8. The Company may review the Client’s categorization and Client Account type according to Applicable Regulations. The Client will be notified at least five (5) Business Days prior and is deemed to accept changes unless termination is requested.
4. Termination and Consequences
4.1. Either party may terminate this Agreement with at least 15 Business Days Written Notice. The Company may terminate immediately if justified under the Agreement.
4.2. Termination does not affect obligations or rights already accrued under the Agreement or any Transactions executed.
4.3. Upon termination, all amounts due to the Company become immediately payable, including outstanding fees, costs, and expenses related to the termination.
5. Bonus
5.1. Bonuses or promotional benefits are governed by specific terms and conditions.
5.2. Clients are not obliged to accept any Bonus.
5.3. Bonuses are credited after the Client completes all compliance procedures.
5.4. Bonuses serve as additional margin for trading but are not withdrawable until Required Trading Volume is achieved (Bonus ÷ 4).
5.5. Withdrawals before meeting Required Volume:
- Initial deposit may be withdrawn at any time.- Bonus and profits are forfeited if withdrawn early.
5.6. Bonuses across multiple accounts are aggregated; forfeiture on one account affects all.
5.7. All promotional offers are subject to separate terms and may include “Friend Referral” bonuses.
5.8. Bonuses may be revoked in case of suspected fraud, abuse, or breach of Terms.
5.9. Participation in a Bonus constitutes acceptance of its Terms. The Company may adjust or terminate bonuses at its discretion.
5.10. Any disputes not covered by these Terms will be resolved by the Company management, whose decision is final.
5.11. If translated, the English version prevails in case of discrepancies.
5.12. Bonuses are structured to aid clients in trading and are withdrawable upon completion of Required Volume.
5.13. Abuse, such as group trading or similar strategies to exploit bonuses, is prohibited. The Company reserves the right to deny bonuses or remove associated profits if abuse is suspected.
6. Trading Rules and Platform Usage
6.1. All trading activities conducted on the Company’s Platform are governed by these Terms and any rules, procedures, or policies published on the Platform or Website.
6.2. The Company may offer various types of Orders, including market orders, limit orders, stop orders, and other types as detailed on the Platform. Clients are responsible for understanding how these Orders function.
6.3. Execution of Orders is subject to market conditions, liquidity, and the availability of counterparties. The Company does not guarantee execution at any specific price, particularly during periods of high volatility or market gaps.
6.4. Stop Loss and Take Profit Orders are tools to manage risk but cannot guarantee execution at the exact specified level under all market conditions. The Client acknowledges that slippage may occur.
6.5. Clients are responsible for monitoring their positions, including margin requirements and open trades. The Company may, at its discretion, close positions automatically to protect the Client Account from exceeding margin limits.
6.6. The Company may suspend trading, restrict access, or delay execution due to technical issues, maintenance, system upgrades, or Force Majeure events.
6.7. Clients are prohibited from using the Platform for fraudulent activity, market manipulation, automated trading strategies that the Company has not approved, or any activity that violates Applicable Regulations.
6.8. The Company may set limits on the volume, size, or number of trades per Client or account type. Clients are responsible for remaining within these limits.
7. Fees, Commissions, and Charges
7.1. All trading fees, commissions, spreads, swap/rollover fees, and other charges are published on the Website or Platform and may vary depending on account type or market conditions.
7.2. The Company reserves the right to amend fees and charges from time to time. Clients are responsible for checking the Website or Platform for updates.
7.3. Financing charges (swap fees) are applied to positions held overnight, according to the rates specified on the Platform.
7.4. Clients are responsible for any taxes, levies, or other fees imposed by local authorities or third-party institutions arising from trading activities.
7.5. Any fees or charges payable to third parties, such as banks or payment processors, will be borne by the Client and may be deducted directly from the Client Account.
8. Risk Disclosure
8.1. Trading CFDs is highly speculative and carries substantial risk. Clients may incur losses exceeding their deposits.
8.2. Leverage magnifies both potential profits and potential losses. Clients must ensure they fully understand how leverage works.
8.3. Clients should not trade with funds they cannot afford to lose.
8.4. The Company provides educational material, tools, and risk warnings, but Clients are solely responsible for their trading decisions.
8.5. Past performance of any asset or instrument is not indicative of future results.
8.6. The Company does not provide investment advice. Clients should seek independent advice where appropriate.
9. Margin and Account Balance Management
9.1. Clients are required to maintain sufficient margin to support open positions.
9.2. The Company may issue margin calls or automatically close positions if margin levels fall below the required threshold.
9.3. Negative balance protection may be offered where required by law. Otherwise, Clients are responsible for any deficit in their accounts.
9.4. Internal transfers between Client Accounts or external transfers must comply with the Company’s policies.
9.5. The Company reserves the right to adjust leverage, margin requirements, and trading limits at its discretion, with notice posted on the Website or Platform.
10. Intellectual Property
10.1. The Company retains all intellectual property rights in the Platform, website content, software, tools, charts, and other materials provided.
10.2. Clients may only use these materials for personal, non-commercial purposes in connection with their trading activity.
10.3. Any unauthorized copying, distribution, or use of the Company’s intellectual property is strictly prohibited.
11. Privacy and Data Protection
11.1. The Company collects, processes, and stores Client information in accordance with its Privacy Policy.
11.2. By using the Platform and Services, Clients consent to the collection and processing of their personal data for account management, compliance, marketing, and regulatory purposes.
11.3. The Company implements appropriate security measures but cannot guarantee absolute protection of Client data.
11.4. Clients are responsible for keeping their login credentials secure and must notify the Company immediately of any suspected breach.
12. Liability
12.1. The Company shall not be liable for any direct, indirect, or consequential loss arising from trading or use of the Platform, except in cases of gross negligence or wilful misconduct.
12.2. The Company does not guarantee uninterrupted access to the Platform and is not responsible for technical failures, connectivity issues, or failures caused by third parties.
12.3. Clients acknowledge and accept all inherent risks of trading CFDs, including market volatility, liquidity issues, and slippage.
12.4. The Company is not liable for losses resulting from the Client’s use of third-party tools, systems, or services.
13. Complaints and Dispute Resolution
13.1. Clients may submit complaints via email, the Platform, or other contact methods provided by the Company.
13.2. The Company will investigate and attempt to resolve complaints promptly and fairly.
13.3. Unresolved disputes may be escalated to the relevant regulatory authority in accordance with Applicable Regulations.
13.4. Decisions made by the Company in relation to complaints or disputes will be final and binding, except where prohibited by law.
14. Governing Law and Jurisdiction
14.1. This Agreement, including all rights, obligations, and transactions executed under it, shall be governed by and construed in accordance with the laws of the British Virgin Islands.
14.2. Any disputes, claims, or controversies arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of the British Virgin Islands, and the Client agrees to submit to such jurisdiction.
15. Amendments and Updates
15.1. The Company reserves the right to amend, update, or modify this Agreement, the Platform, trading conditions, fees, bonuses, and related policies at any time.
15.2. Clients will be notified of changes at least 15 Business Days in advance, except where immediate changes are required to comply with Applicable Regulations.
15.3. Continued use of the Platform or Services after notice constitutes acceptance of any amendments.
15.4. Clients who do not accept the changes may terminate the Agreement without penalty, except for amounts due for services rendered prior to termination.
16. Miscellaneous
16.1. This Agreement constitutes the entire understanding between the Client and the Company regarding the Services and supersedes any prior agreements, arrangements, or understandings.
16.2. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
16.3. Failure or delay by the Company to enforce any provision of this Agreement shall not constitute a waiver of any right or remedy.
16.4. The Company may assign its rights or obligations under this Agreement to affiliates, subsidiaries, or third parties without the Client’s consent, provided such assignment does not adversely affect the Client’s rights.
16.5. Clients may not assign or transfer their rights or obligations under this Agreement without the Company’s prior written consent.
17. Regulatory Disclosures
17.1. The Company operates in accordance with Applicable Regulations in the British Virgin Islands.
17.2. Clients acknowledge that CFD trading may be restricted, regulated, or prohibited in certain jurisdictions.
17.3. Clients are responsible for ensuring compliance with local laws, including tax obligations, reporting requirements, and licensing restrictions.
17.4. The Company does not provide tax or legal advice. Clients should seek independent professional guidance regarding the treatment of trading profits, losses, or other financial obligations.
18. Risk Warnings and Client Acknowledgements
18.1. Clients acknowledge that:
- Trading CFDs carries a substantial risk of loss and is not suitable for all investors.
- Leverage magnifies both gains and losses.
- Past performance is not indicative of future results.
18.2. Clients confirm they have read and understood all risk disclosures provided by the Company, including notices regarding margin requirements, slippage, and market volatility.
18.3. Clients accept full responsibility for all trading decisions and losses incurred and release the Company from liability to the extent permitted by law.
18.4. By using the Platform, Clients confirm they have the requisite knowledge, experience, and understanding of the risks involved in trading financial instruments.
19. Acknowledgement and Acceptance
19.1. By opening an account and using the Company’s Services, the Client acknowledges that they have read, understood, and accepted these Terms and Conditions in full.
19.2. Clients agree that these Terms govern all aspects of their relationship with the Company, including account management, trading activity, deposits, withdrawals, bonuses, and promotional offers.
19.3. The Client agrees to comply with these Terms at all times and acknowledges that failure to do so may result in account suspension, limitation, or termination, as detailed in this Agreement.
20. Client Representations and Agreements
20.1. By opening and maintaining a Client Account, the Client represents and warrants that:
- They have the legal capacity and authority to enter into this Agreement.
- All information provided to the Company is true, accurate, and complete, and the Client will promptly update any changes.
- They are not relying on any communication or representation from the Company other than what is explicitly stated in this Agreement or published on the Website/Platform.
20.2. The Client agrees to:
- Comply with all Applicable Regulations in their jurisdiction.
- Use the Platform and Services solely for lawful purposes and in accordance with this Agreement.
- Accept full responsibility for their trading decisions, including all gains, losses, fees, and charges incurred.
20.3. The Client acknowledges that the Company may take any action it reasonably deems necessary to protect its interests, comply with regulations, or enforce this Agreement, including restricting or suspending access to the Platform or terminating the Client Account.
20.4. The Client further agrees that they have read, understood, and accepted all risk disclosures, policies, and procedures published by the Company, and that they fully understand the risks associated with trading leveraged financial instruments such as CFDs.
20.5. The representations, warranties, and agreements in this Section 20 survive the termination of this Agreement.