This Client Agreement (hereinafter referred to as the “Agreement”) sets forth the terms and conditions between the client (hereinafter referred to as the “Client”) and KapitalIQ (hereinafter referred to as the “Company”). By engaging with the Company’s services, the Client agrees to the following terms and conditions:
1. Scope of Services
KapitalIQ provides access to a variety of financial services, including but not limited to trading platforms, educational resources, and comprehensive market data. These services are designed to empower Clients to make informed decisions in dynamic financial markets. However, the Company explicitly states that it does not act as a fiduciary or advisor, and all investment decisions are the sole responsibility of the Client. The Client acknowledges that the Company’s role is limited to facilitating access to tools and resources, and under no circumstances does the Company provide guarantees of success or profitability in trading or investment activities.
2. Eligibility
The Client warrants that they meet all legal and regulatory requirements to enter into this Agreement. This includes being of legal age in their jurisdiction and having the mental and financial capacity to engage in financial transactions. The Client affirms that they are not subject to any restrictions, sanctions, or prohibitions that would prevent them from utilizing the Company’s services. Furthermore, the Client agrees to provide accurate information during the onboarding process and acknowledges that failure to do so may result in termination of their account.
3. Account Registration
To utilize KapitalIQ’s services, the Client must successfully complete the registration process. This involves submitting accurate and verifiable information, including identity and contact details. The Company reserves the right to request additional documentation to comply with regulatory requirements. The Client agrees that providing false or incomplete information may result in account suspension or legal action. It is the Client’s responsibility to update their account information promptly to reflect any changes.
4. Account Security
The Client is fully responsible for maintaining the security of their account credentials, including their username and password. Any unauthorized access or activity resulting from the Client’s failure to secure their account shall not be the responsibility of the Company. The Client agrees to notify the Company immediately upon discovering any unauthorized use or potential breach of their account. The Company implements industry-standard security measures but cannot be held liable for breaches resulting from factors beyond its control.
5. Risk Disclosure
The Client acknowledges that trading in financial markets, including forex, options, and precious metals, carries inherent risks. These risks include but are not limited to market volatility, leverage effects, and liquidity constraints. The Client understands that there is a potential for significant financial loss, including the loss of their entire investment. KapitalIQ encourages Clients to carefully assess their financial situation, investment goals, and risk tolerance before engaging in any trading activities.
6. No Guarantees of Profit
KapitalIQ explicitly states that it does not guarantee profits or success in any trading activities conducted through its platform. The Client understands that past performance of financial instruments or strategies does not guarantee future results. The Client is solely responsible for their trading decisions, and the Company shall not be held liable for any losses incurred.
7. Execution of Orders
The Company endeavors to execute all Client orders promptly and accurately. However, the Client acknowledges that market conditions, technical issues, or other external factors may cause delays or deviations in order execution. KapitalIQ will not be held liable for any losses or missed opportunities resulting from such circumstances. The Client agrees to accept these risks as inherent to trading in financial markets.
8. Fees and Charges
The Client agrees to pay all fees, commissions, and other charges associated with the use of KapitalIQ’s services. These fees are detailed in the Company’s fee schedule, which may be updated periodically. The Client is responsible for reviewing and understanding the fee structure before engaging in trading activities. Any disputes regarding fees must be raised within 30 days of the transaction.
9. Client Funds
Funds deposited by the Client with KapitalIQ will be maintained in segregated accounts in accordance with regulatory requirements. The Client acknowledges that while their funds are safeguarded, they are not protected against market losses resulting from trading activities. The Company does not offer insurance or guarantees on Client funds.
10. Market Data and Analysis
KapitalIQ provides market data, research, and analysis to assist Clients in making informed decisions. The Client acknowledges that such information is provided “as is” and may not always be accurate, complete, or timely. The Company shall not be held liable for any losses resulting from reliance on its market data or analysis.
11. Third-Party Services
KapitalIQ may partner with third-party service providers to enhance its offerings. The Client agrees to adhere to any additional terms imposed by these third parties. While the Company strives to collaborate with reputable partners, it is not liable for any issues or damages arising from the use of third-party services.
12. Prohibited Activities
The Client agrees to refrain from engaging in illegal or unethical activities, including money laundering, fraud, or market manipulation. Any such activities may result in immediate account suspension, reporting to regulatory authorities, and legal action. The Client is solely responsible for ensuring compliance with all applicable laws and regulations.
13. Amendments to the Agreement
KapitalIQ reserves the right to amend this Agreement at its discretion. The Client will be notified of any changes, and continued use of the Company’s services constitutes acceptance of the revised terms. The Client is encouraged to review the Agreement periodically to stay informed of any updates.
14. Termination
Either party may terminate this Agreement by providing written notice. Upon termination, the Client’s access to the platform will be revoked, and any outstanding obligations must be settled. The Company reserves the right to terminate accounts for violations of this Agreement or for regulatory reasons.
15. Liability Limitation
KapitalIQ shall not be held liable for any direct, indirect, or consequential losses resulting from the Client’s use of its services, except in cases of gross negligence or willful misconduct. The Client acknowledges that trading involves risks beyond the Company’s control and agrees to bear full responsibility for their investment decisions.
16. Force Majeure
The Company shall not be liable for delays or failures in service caused by events beyond its reasonable control, including natural disasters, wars, technical failures, or regulatory actions. The Client acknowledges that such events may disrupt trading activities and accepts the associated risks.
17. Confidentiality
KapitalIQ is committed to protecting the confidentiality of Client information. The Company complies with applicable data protection laws and employs secure measures to safeguard Client data. However, the Client acknowledges that certain disclosures may be required by law or regulation.
18. Dispute Resolution
In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If no resolution is reached, disputes shall be settled through binding arbitration in accordance with the rules of the applicable jurisdiction. The decision of the arbitrator shall be final and binding on both parties.
19. Governing Law
This Agreement is governed by the laws of the applicable jurisdiction. The Client agrees to submit to the exclusive jurisdiction of the courts in that jurisdiction for the resolution of any disputes arising from this Agreement.
20. Entire Agreement
This Agreement constitutes the entire understanding between the Client and KapitalIQ, superseding all prior agreements or communications. Any amendments must be agreed upon in writing by both parties to be enforceable.
By using KapitalIQ’s services, the Client acknowledges that they have read, understood, and agreed to the terms outlined in this Agreement.