Terms & Condition
Last updated: November 02, 2023
Please read these terms and conditions carefully before using Our Service.
1. Introduction
Welcome to Exness. This document, our “Terms and Conditions,” governs your use of the Exness trading platform, which includes the website, mobile applications, trading platforms, and any other related services we provide. By accessing or using any part of our services, you agree to be bound by these Terms.
- Use of our Services: You agree that by accessing the site, you have read, understood, and agree to be bound by all of these Terms and Conditions.
- Updates: We reserve the right to update or change our Terms and Conditions at any time and recommend that you review these Terms periodically.
2. Acceptance of the Terms
Your agreement to these Terms is a condition of your use of the Exness services. By completing the registration process and/or utilizing the Exness platform, you:
- Registration: Acknowledge that the act of creating an account on Exness is an affirmative step towards agreeing to these Terms. This includes providing required personal details and information that must be accurate and up-to-date, creating a username and password, and possibly going through further verification processes as required by Exness.
- Use of Services: Confirm that each time you access our Services, whether it’s logging into your account, conducting transactions, or simply browsing our offerings, you are re-affirming your acceptance of our current Terms.
Should you disagree with these Terms, or any future modifications to these Terms:
- Immediate Cessation: It is your responsibility to immediately cease all access and use of Exness services. Continued use after a disagreement emerges constitutes a breach of the agreement, which may lead to suspension or termination of your account.
3. Changes to the Terms
We recognize that the world of online trading is constantly evolving, which necessitates occasional updates to our Terms and Conditions. We are committed to staying compliant with legal standards and meeting the dynamic needs of our users. Therefore, we reserve the right to amend these Terms at any given time. When we do so, we will:
- Notification of Changes: Ensure that the revised Terms are promptly posted on the Exness website. This serves as our official method of notifying you of any substantial changes to the terms of our agreement.
- Visibility of Revision Date: To keep you informed, the date of the latest update will always be displayed at the top of the Terms page. This is to ensure transparency and ease of verification of the most recent version.
By continuing to access or use the Exness services after revisions become effective:
- Deemed Acceptance: You agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the services. It is your responsibility to check the Terms periodically for changes.
- Continuation of Use: Your decision to continue using the Services following any updates to these Terms constitutes your formal acceptance of the revised terms and conditions. If any change is unacceptable to you, your only recourse is to terminate your use of the Services.
Understanding and adhering to these processes ensures a transparent and fair relationship between you and Exness, facilitating a secure and efficient trading environment.
4. Registration and Account
To access and use certain features of our Services, the creation of a personal account is required. By proceeding with the registration, you acknowledge and agree to the following:
- Legal Age: You represent that you are at least 18 years of age. Exness does not allow individuals under the age of 18 to register for or use the Services.
- Registration Data: You commit to providing accurate, current, and complete information about yourself as may be prompted by the registration forms on the Services. This is essential for the maintenance of your account and to receive timely assistance and notifications.
- Account Security: You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party and must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- Updating Information: You agree to maintain and promptly update the Registration Data and any other information you provide to us, to keep it accurate, current, and complete. Failing to do so may result in the inability to access the Services and potential legal implications.
- Risks Acknowledgement: You acknowledge that you bear all risks associated with unauthorized access to your Registration Data and any other information you provide to us, due to your failure to maintain the security and confidentiality of your information.
Failure to comply with these conditions may result in the temporary suspension or permanent termination of your account.
5. Privacy Policy
We take your privacy seriously and are committed to protecting your personal data. Our Privacy Policy, which forms an integral part of these Terms, details our data collection, processing, and usage practices. By accessing and using Exness Services, you consent to the handling of your information as follows:
- Data Use Consent: You grant Exness permission to use your information in accordance with the Privacy Policy. This may include personal identification data, transactional data, and other information you provide when using our Services.
- Privacy Policy Acknowledgement: It is your responsibility to review and understand our Privacy Policy. By continuing to use our Services, you acknowledge that you have read, understood, and agreed to the terms of our Privacy Policy.
6. Use of Services
Your access to and use of the Services provided by Exness are subject to compliance with these guidelines:
- Permitted Use: You agree to use the Services exclusively for lawful purposes as stipulated by these Terms and in accordance with all applicable laws and regulations. Any use of the Services outside these bounds is strictly prohibited.
- Intellectual Property Respect: You must respect Exness’s intellectual property rights. You agree not to duplicate, reproduce, copy, sell, trade, or resell any portion of the Services, including any visual design elements or concepts, without obtaining express written permission from us.
7. Risk Disclosure
Participation in trading activities carries inherent risks and is not appropriate for all individuals. As an investor using Exness Services, it is crucial that you acknowledge and undertake the following:
- Investment Consideration: You should carefully evaluate your trading goals, experience level, and risk tolerance before commencing any trading activities. It is important to be fully aware of all the potential risks associated with trading instruments.
- Risk of Loss: Recognize that it is possible to lose some or all of your initial investment. Therefore, you should not engage in trading with funds that you cannot afford to lose. Trading on margin also comes with a high level of risk and may not be suitable for all investors.
- Informed Decisions: Ensure that you understand the nature of the transactions you are entering into and the extent of your exposure to risk. Trading speculative products is not guaranteed to generate profits and may lead to significant financial loss.
By agreeing to these Terms, you acknowledge that you have considered these risks and are willing to undertake trading activities in full recognition of these potential outcomes.
8. Intellectual Property
Our Services, including the entirety of the content, features, and functionality, are not only proprietary to Exness but are also legally protected under intellectual property laws. The specifics of this ownership are as follows:
- Trademarks: Any and all trademarks, service marks, graphics, and logos utilized in association with our Services are either the exclusive trademarks or registered trademarks of Exness or those of our licensors. This includes, but is not limited to, the distinctive Exness logo, any affiliated imagery, and all other brand elements that are representative of our Services.
- No Implied Licenses: Your adherence to these Terms does not confer any license or right to use any of the aforementioned marks, and such use without express written permission is strictly forbidden. This prohibition extends to the use of Exness trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- Protection and Enforcement: We actively enforce our intellectual property rights and will take legal action in the case of any infringement or violation of our intellectual property laws.
9. User Conduct
Your activity on the Exness platform is under your control and responsibility. It is expected that you will conduct yourself in a lawful and respectful manner, refraining from any actions that could harm or exploit the platform. This includes, but is not limited to, the following prohibited activities:
- Unlawful Duplication: You must not copy, replicate, distribute, or disclose any part of the Services in any medium, including, but not limited to, any forms of automated “scraping” or unauthorized appropriation of content.
- Misuse of Automated Systems: The use of any automated system, such as “robots,” “spiders,” “offline readers,” and similar technology, to access the Services is strictly prohibited. These actions can impose an unreasonable load on our infrastructure and are not permitted.
- Integrity of Services: You shall not interfere with or attempt to disrupt the proper working of the Services, diminish the quality of, interfere with the performance of, or impair the functionality of the Services.
It is crucial to understand that engaging in prohibited activities may lead to the suspension or termination of your account, legal action against you, and the forfeiture of any potential legal claims you might otherwise have against us.
10. Disclaimers
We provide the Exness Services with the goal of facilitating a seamless trading experience, but there are certain things we cannot guarantee. This is reflected in our disclaimers:
- “As Is” Basis: The Services are offered strictly on an “as is” and “as available” basis. We do not provide any warranties, whether express or implied, regarding the availability, timeliness, security, reliability, or performance of the Services.
- No Implied Warranties: We explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
- No Warranties from Usage: Any warranties that might be implied from the course of dealing or usage of trade are expressly disclaimed.
By using our Services, you acknowledge that you do so at your own risk and that we shall not be liable for any discrepancies, errors, or downtime that you may experience.
11. Limitation of Liability
Your decision to use Exness Services is accompanied by an understanding of the limits of our liability towards you:
- Scope of Liability: Exness, nor its directors, employees, partners, agents, suppliers, or affiliates, will be liable for any incidental, indirect, punitive, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses.
- Informed Acknowledgement: This limitation of liability applies regardless of the theory of liability, whether based in contract, tort (including negligence), warranty, or any other legal theory, even if Exness has been informed of the possibility of such damage.
- Damages Cap: Without limiting the foregoing, our total liability for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of action) will at all times be limited to the maximum extent permitted by applicable law.
Please note that some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, Exness’s liability will be limited to the greatest extent permitted by law.
12. Governing Law
The Terms & Conditions that dictate your use of Exness Services are not only the blueprint for our relationship but are also subject to certain legal and jurisdictional rules:
- Jurisdictional Laws: These Terms, and by extension your use of Exness Services, are governed by and construed in accordance with the laws of the jurisdiction where Exness is incorporated and registered. This applies without reference to any conflict-of-law principles that might direct the application of the laws of another jurisdiction.
- Legal Compliance: By agreeing to these Terms, you acknowledge that you will comply with all local laws and regulations applicable to your use of the Services, without causing us to be in breach of any applicable laws.
- Dispute Resolution: In the unfortunate event of a dispute arising from or in connection with these Terms, such dispute will be addressed exclusively in the courts located in the jurisdiction where Exness is registered. By using the Services, you consent to the personal jurisdiction and venue of these courts.
- Amicable Settlement: Before resorting to the courts, we strongly encourage you to contact us directly to seek a resolution by reaching out to our customer service team. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us.
By accepting these Terms, you are confirming that you understand the jurisdiction and applicable laws under which any dispute or claim arising out of or in connection with these Terms or your use of Exness Services will be settled. This decision is an integral part of the legal agreement between you and Exness.
13. Regulatory Information and Compliance
This section outlines the regulatory status and compliance adherence of the Exness entities.
Exness (SC) Ltd is a Securities Dealer registered in Seychelles, bearing the registration number 8423606-1. It is authorized and regulated by the Seychelles Financial Services Authority (FSA) with the licence number SD025. The company’s registered office is situated at 9A CT House, 2nd floor, Providence, Mahe, Seychelles.
Separately, Exness B.V. operates as a Securities Intermediary registered in Curaçao, with the registration number 148698(0). The entity is authorized by the Central Bank of Curaçao and Sint Maarten (CBCS) with the licence number 0003LSI. Its registered office is located at Emancipatie Boulevard Dominico F. “Don” Martina 31, Curaçao.
Additionally, Exness (VG) Ltd is authorized by the Financial Services Commission (FSC) in the British Virgin Islands and is registered under the number 2032226 with an investment business licence number SIBA/L/20/1133. The registered office address is Trinity Chambers, P.O. Box 4301, Road Town, Tortola, BVI.
These designated entities are duly authorized to conduct business under the Exness brand and make use of its trademarks. It is important to note that services provided by the above-mentioned entities are not available to the residents of certain jurisdictions, including the USA, Iran, North Korea, Europe, the United Kingdom, and others as per regulatory and legal restrictions.
The information provided on this website is for informational purposes only and does not constitute investment advice, a recommendation, or a solicitation for investment activities. Reproduction or duplication of information contained on this website is strictly prohibited without Exness’s express written permission.
In line with our commitment to data security and privacy, Exness complies with the Payment Card Industry Data Security Standard (PCI DSS). Regular vulnerability scans and penetration tests are conducted in accordance with PCI DSS requirements appropriate for our business model, ensuring the security and privacy of our clients’ information.
14. Changes to These Terms & Conditions
The landscape of digital services, including online trading, is ever-evolving. In recognition of this, Exness reserves the right to make modifications to these Terms and Conditions as needed:
- Right to Modify: At any point, we may determine that changes to these Terms are necessary. Such changes could be due to updates in our service offerings, legal and regulatory updates, or simply to improve the user experience. When these changes occur, we reserve the sole right to modify or replace these Terms.
- Notice of Changes: Should we update these Terms, we will take steps to inform you. This might include posting a notice on our main website or sending you a direct communication. The method of notice will be chosen based on the significance of the changes we make.
- Effective Date: The date the updated Terms go into effect will be clearly posted at the top of the Terms page. By continuing to use our services after these changes are made, you are signifying your acceptance of the new Terms.
- Review Responsibility: It is your responsibility to review these Terms periodically for changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the new terms, you should stop using the Services.
Remember, any changes to the Terms will not retroactively affect any disputes or disagreements that occurred before the date of such changes. We encourage you to frequently review the Terms and Conditions to ensure that you understand the terms and conditions that apply to your use of the Services.
15. Effective Date
These Terms were last updated on November 02, 2023 and apply to all use of the Services from this date forward.