Introduction

Five Percent Online Ltd. (“We” “Our” “Us” or “Company“) is a technology company that provides a variety of services through the5ers.com website (the “Services” and the “Website“). These services include but are not limited to proprietary trading. These Terms and Conditions (the “Terms“) govern Our legal relationship with Our Users (“Customer” “User” “You” and “Your”) when those access the Website, use the Services, and interact with Us in any manner.

These Terms govern the entire relationship between You and Us. We may modify these Terms from time to time in Our sole discretion. You shall be bound by such modifications effective immediately upon posting on the Website. It is Your sole responsibility to review these Terms prior to each use of the Services.

As part of the continuous improvement and evolution of Our Services, We may make modifications such as adding or removing features and functionalities and offering new digital content or services or discontinuing old ones. We may also change some digital content or Services  (i) to adapt to new technologies, (ii) reflect increases or decreases in the number of people who use a particular service (iii) respond to key changes in the agreements, licenses, and partnerships We have with third-party service providers, (iv) to prevent any abuse or harm or (v) to address legal, regulatory, safety, or security issues.

BY SIGNING, CLICKING “I AGREE,” “ACCEPT,” OR ANY OTHER SIMILAR BUTTON OR LINK, OR BY INSTALLING, ACCESSING, AND/OR USING OUR SERVICES, YOU EXPRESSLY ACCEPT, ACKNOWLEDGE, AND AGREE THAT YOU OR THE COMPANY YOU REPRESENT ARE ENTERING INTO A LEGAL AGREEMENT WITH US AND HAVE UNDERSTOOD AND AGREED TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS, INCLUDING OUR PRIVACY POLICY.

PLEASE CAREFULLY REVIEW THESE TERMS BEFORE USING OR CONTINUING TO USE ANY OF OUR SERVICES. THE TERMS INCLUDE IMPORTANT INFORMATION ABOUT YOUR RELATIONSHIP WITH US. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THESE TERMS (OR ANY AMENDMENT THERETO), YOU SHOULD IMMEDIATELY STOP USING THE SERVICES. WE ENCOURAGE YOU TO READ THE TERMS AND OUR PRIVACY POLICY CAREFULLY AND USE THEM TO MAKE INFORMED DECISIONS.

Definitions

Capitalized terms shall have the meaning assigned to them in these Terms unless the context requires otherwise.

“Account” means a User’s designated account allowing a User to access the Hub and use the Services, view the status of the various Services the User is subscribed to, join new Services offered from time to time, and manage the User’s personal information and profile.
“User”, “You” and “Your” means any person browsing our Website or registers for an Account.
“Evaluation” The Evaluation stage is a simulated training environment where We evaluate Your performance for the opportunity to become a Funded User based on your trades. During the Evaluation stage, You will be granted access to certain tools for simulated trading, analytical tools, training and educational materials, and other ancillary services.

“Forbidden Territory” means any jurisdiction where Our Services are not available including but not limited to: United States, Afghanistan, Burundi, Central African Republic, Cuba, Congo Republic, Crimea, Democratic Republic of Congo, Eritrea, Guinea, Guinea-Bissau, Iraq, Iran, Israel, Laos, Liberia, Libya, Myanmar, North Korea, Palestinian Territory, Papua New Guinea, South Sudan, Sudan, Somalia, Syria, Vanuatu, Venezuela, and Yemen.

“Funded User” If You successfully complete the Evaluation and User Verification Process, We may offer You to become a Funded User and trade with Our trading capital.

“Hub” means our platform serves as a centralized hub for all the knowledge, content, and Services We offer, exclusively accessible to Users with an active Account.

“Intellectual Property” means any and all worldwide intellectual property rights, whether registered or not, including but not limited to:

(a) patents, patent applications, and patent rights, know-how, inventions, research data, and development activities, and discoveries; (b) rights associated with works of authorship including copyrights, copyright applications, copyright restrictions, mask work rights, mask work applications, and mask work registrations; (c) rights relating to the protection of trade secrets and confidential information, including but not limited to confidential and proprietary information concerning the business and financial activities of Us and any information concerning its service providers, employees, customers, suppliers, and partners; (d) trademarks, trade names, service marks, logos, trade dress, goodwill, and domains; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; and (f) divisions, continuations, renewals, reissues, and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

“KYC” and “KYB” stands for Know Your Customer/Business, which means the process of a business verifying the identity of its clients, their UBOs, and assessing potential regulatory risks of the business relationship.

“Sanctions Regime” means any and all economic or financial sanctions, sectoral sanctions, secondary sanctions, trade embargoes, and restrictions, and anti-terrorism laws imposed, administered, or enforced from time to time on either countries, regions, entities, or natural persons by:

1. the United States of America, including those administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the U.S. Department of State, the U.S. Department of Commerce, or through any existing or future statute or Executive Order;
2. the United Nations Security Council;
3. the European Union;
4. the United Kingdom;
5. the State of Israel; and
6. any other applicable regions as may be determined from time to time.

“Services” as outlined in the ‘Services’ section.

“Trading” instructions provided by the Users in simulated environments accessed through the Hub, simulating real-life trading and using Hub-designated fictitious funds.

1. Eligibility

   1. Any person may browse our Website and the information contained therein, subject to these Terms.
   2. In order to access the Hub and use the Services, you would need to register for an Account.
   3. If You: (i) are at least eighteen (18) years of age or be of the legal age in your jurisdiction, if higher, (ii) have the legal authority or ability to enter into and be bound by these Terms, (iii)are not a retail trader; (iv) do not reside in any Forbidden Territory; and (v) comply with these Terms; You may be eligible for an Account.
      We are not obligated to accept any application from any applicant and have the sole and absolute discretion to accept or reject applications to create Accounts.
   4. AML
      We implement AML, KYC, and KYB policies aimed to ensure our compliance with the applicable law. You are subject to these checks at any stage, particularly upon successfully passing the Evaluation stage and as a condition for becoming a Funded User. We will ask for documentation and information, including but not limited to copies of your government-issued identification documents. We may also gather and use information about You from third parties in order to help Us confirm Your identity, share your information with Third Party Services as required to determine or assess Your access to any part of the Services and/or to perform AML/KYC/KYB checks. Risk assessments and Our policies may change, and therefore we may restrict Accounts that have been previously approved by Us.
   5. Sanctions
      We comply with the Sanctions Regime. Accordingly, Our Services are not available where prohibited by a Sanctions Regime or by Our policy as updated from time to time.
   6. If you reside in a jurisdiction where it is forbidden by law to use the Services, You may not enter into this agreement or use the Services. By using the Services, You explicitly state that you have verified in your own jurisdiction if your use of the Services is legally allowed. Those who choose to access the Website and use the Services do so on their own initiative and at their own risk and are responsible for compliance with any local laws, if and to the extent local laws are applicable.
   7. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to You. The right to access the Website or Services will be revoked where these Terms or use of the Website or Services are prohibited or to the extent offering, sale, or provision of the Website or Services conflicts with any applicable laws, rules, or regulations.

2. The License Intellectual Property

   1. We shall use commercially reasonable efforts to grant You a limited, personal, revocable, non-exclusive, non-transferable, non-sub-licensable right to use the Website, the Hub, and the Services for internal and personal use only, including any revisions, releases, corrections, copies, modifications, derivatives, enhancements, updates, or upgrades thereto, in accordance with the terms of these Terms and subject thereto (the “License”). For the avoidance of doubt, You do not acquire any rights whatsoever in and to the Website or the Services beyond the rights expressly granted herein, and any such use of the Website or the Services shall be in accordance with the Terms. We retain the right to review and monitor all use of the Website or the Services to ensure compliance with the terms of the License and this Terms.
   2. We retain complete ownership of all rights, titles, and interests, including all Intellectual Property Rights, in and to the Website and any associated documentation provided by Us.
   3. The User expressly understands and agrees that it will not acquire any right, title, or interest in and to the Website, the Hub, and the Services except as expressly provided in this Terms. We reserve all rights in and to the Website, the Hub, and the Services not expressly granted in the Terms.
   4. Without prior written authorization from Us, the User will not and may not authorize any third-party to:
      • allow a third party who has not been expressly and previously authorized to access or use the Website in return for payment, not in return for payment, or free of charge.
      • translate, modify, adapt, copy, or reproduce the Website or any other element, function, or graphic of the Website, and/or merge all or part of the Website in other computer programs.
      • sublicense, lend, rent, distribute, commercialize, transfer, sell, resell, or divest the Website in any manner.
      • develop a product or a service competing with the Website, develop services identical or similar to the Services, develop any functionality of the Website.
      • proceed to reverse engineering, decompile, disassemble, or circumvent one of the Website’s mechanisms, or seek to reconstruct or discover the source code of the Website.
      • conceive a derivative work based on the Website.
      • compile, collect, or assemble information pertaining to the Website in order to make use of it commercially, create a product or service similar, identical to, or competing with the Website.

3. Registration Process

   1. Establishing an Account. In order to access the Hub and use Our Services, You have to create an Account and provide Us with valid, correct and up-to-date information.
   2. User Verification Process. After completing the Evaluation stage and in order to become a Funded User, You have to verify your Account (“User Verification Process“). We may conduct the User Verification Process at any time on our sole discretion. The duration, steps and requirements of the User Verification Process depend on security requirements, in particular Anti-Money Laundering considerations, which may change from time to time depending on the legal framework and technical developments. At any time during the User Verification Process, We may request a video interview, identification documents, additional information and documents necessary to complete the User Verification Process including checks to ensure that You have not exploited or abused the system or passed the Evaluation stage fraudulently or inauthentically or breached the Trading Rules (see“Termination for Cause” Section for more details).
   3. Up-to-date and complete information. You confirm that any document and information that You provide Us with, is valid, up-to-date, correct and complete and that You have not withheld any information that could potentially influence the Client Verification Process (e.g. You confirm that You have not withheld any information that could potentially trigger any further due diligence). If any such information changes, it is Your obligation to provide the new information to Us as soon as practicable following such change.
      We will request specific information from You in the process of becoming a Funded User and from time to time for as long as You remain a Funded User, which is required by law, regulation, or other authority guidelines (e.g. AML or Sanctions Regime).
   4. After having successfully registered an Account You may log in to the Hub and access the Services.
   5. No Acceptance Guarantee. There is no guarantee that a specific person can successfully complete the User Verification Process and thus become a Funded User even if the relevant User has provided all information requested by Us. The reasons for this may include, but are not limited to, legal restrictions or commercial considerations. We may refuse to continue the User Verification Process, in which case, this person cannot successfully pass the User Verification Process.

4. Account

   1. Prohibition of multiple accounts. Except upon Our prior written approval in specific cases, We allow only one Account per User. Multiple accounts for the same User are forbidden. Should another account (the “Double-Account“) be created in addition to Your first account, We reserve the right to block the Double-Account and keep it locked
   2. Prohibition of shared Accounts. Shared or joint accounts are forbidden. Each account will be owned by one natural person or legal entity, subject to the fulfillment of the applicable requirements
   3. No transfer of Accounts. You may not transfer your Account (neither by sale, donation or otherwise) to any other person or entity.
   4. Address Changes. You have to ensure that the contact information (e.g. e-mail address) You provided to Us during registration is current and accurate. As long as You do not notify Us about a new e-mail address, any communication from Us will be sent to the previous e-mail address. Notices delivered to the previous address shall be deemed delivered to, and received by You, if We were not notified in writing of any changes to the e-mail address

5. Obligations to act and cooperate on the part of the User

   You, as a User, undertake to:

   1. be legally competent, in good standing under the laws of the state and/or country of your residence;
   2. ensure prompt execution of any contracts and declarations and render forthwith any assistance required and reasonably requested by Us in connection with the Services or otherwise.
   3. state Your principal residency during the Client Verification Process.
   4. without undue delay update Us about any changes to Your personal data (name, mailing/postal address, principal residency or e-mail address). The same applies if You notice that – for whatever reason – Your personal information displayed on Our Services does not conform with the documents and information provided by You to Us.
   5. at all times ensure that your internet browser and the underlying operating systems are kept up to date to – amongst else – ensure that all security patches and updates are installed.
   6. notify Us without undue delay about any loss or restriction of Your capacity to enter into or remain subject to any contract.
   7. to ensure the security of Your own systems and data. These responsibilities include, but are not limited to, using strong and unique passwords, keeping Your software and devices updated, utilizing appropriate security measures, and reporting any suspected vulnerabilities or weaknesses promptly to our support team.

6. Services

   We may offer the following Services, as shall be updated from time to time, at Our desertion.

   1. Hub. User can register for free to our Hub, which grants you access to a variety of resources including study materials, webinars, YouTube videos, and blog posts. By joining the Hub, Users gain access to valuable content designed to enhance their learning experience. Through the Hub the Users also access the Evaluation and Funded User stages (if eligible). We may offer additional services, content and community features on the Hub from time to time. Such additional features may be subject to additional terms as shall be published on the Hub.
   2. Evaluation. The Evaluation stage is a simulated training environment where We evaluate Your performance for the opportunity to become a Funded User based on your trades. During the Evaluation stage, You will be granted access to certain tools for simulated trading, analytical tools, training and educational materials, and other ancillary services.
      
      You must have some prior trading experience and an understanding of the Evaluation programs before entering the Evaluation step. The Evaluation step is not intended for those with no prior experience. We encourage You to utilize the educational materials available on the Hub and external sources to enhance your existing knowledge and experience.
      In order to complete the Evaluation and become a Funded User, You must meet all profit targets (the parameters for each of the programs are explained here “Hyper Growth” program https://the5ers.com/instant-funding, “Bootcamp” program https://the5ers.com/bootcamp and “High Stakes” program https://the5ers.com/high-stakes), pass the User Verification Process and comply with the Terms. If you fail to meet any of these conditions, You will be evaluated as unsuccessful and will not be entitled to any refund. You may attempt to complete the Evaluation again for an additional fee. We recommend learning from any mistakes and striving to improve by utilizing the training and educational materials We provide.
      You acknowledge that any trading that You perform through the Evaluation is entirely simulated and is not real. You also acknowledge that the “funds” provided to You for the Evaluation are fictitious, do not represent any currency, and that You have no right to possess those fictitious funds beyond the scope of their use within the Website and for the sole purpose of the Evaluation, and in particular that they may not and cannot be used for any actual trading and that You are not entitled to any payment or other right in or of those funds.
      The one time fee for the Evaluation varies according to the program You selected. Once You select a certain program, it is not possible to change it. The one time fee is paid in exchange for allowing you to access the Evaluation and any Services or educational resources provided in connection therewith. You are not entitled to a refund of the fee, for example, if You cancel the Account or request the cancellation by e-mail, if You terminate the use of the Services prematurely (for example, fail to complete the Evaluation or the User Verification Process), you fail to meet the conditions to become Funded User, or if You violate or breach the Terms in any manner.
      More detailed information on the one-time fees for the Evaluation program options are provided on our Website here: https://the5ers.com. It is hereby clarified that the one-time fees does not reflect the fictitious Hub-funds made available to the user during the Evaluation.
      We reserve the right to unilaterally change the fees and parameters of the Services at any time, including the parameters for their successful completion. The change does not affect the Services purchased before the change is notified.
      You acknowledge that We have and will retain access to all information about the simulated or demo trades that You perform during the Evaluation. You grant Us your express consent to share this information with any persons/entities who are affiliated with Us, and You grant Us and these persons/entities Your consent and authorization to handle this information as necessary. You agree that these activities may be performed automatically without any further consent, consultation, or approval on Your part being necessary, and that You are not entitled to any remuneration or revenue associated with the use of the data by Us. We are aware that You do not provide Us with any investment advice or recommendations through Your simulated or demo trading. You acknowledge that You may suspend Your simulated or demo trading at any time.
      We impose limitations on the maximum funding capital you can purchase for Evaluation accounts. For specific details regarding these limitations for each program, please refer to the program parameters provided on Our Website.
   3. Funded User. If You successfully complete the Evaluation and User Verification Process, We may offer You to become a Funded User and trade with Our trading capital. You acknowledge that Your personal data may be shared with a third-parties for purposes of considering whether to make any offer to you. It is hereby clarified that when using Our system, the positions are evaluated and monitored by Us and We may use our discretion as to whether to execute the suggested trades or not.
      Completing the Evaluation and User Verification Process does not guarantee acceptance as a Funded User.
      You acknowledge that We may request Funded Users to apply specific risk parameters to their trades to accurately assess risk within Your Account.
      If you are accepted as a Funded User, the legal relationship between You and the Company will be governed by additional terms, which you will be required to accept in addition to these Terms.
   4. Third Party Services. We may, at Our discretion, arrange for certain actions and services to be performed by or through a third-party which may be an unaffiliated company, or an affiliate of Ours, including unregulated entities (“Third Parties”). Any authority granted to Us by You, and any limitation of liability granted to Us, shall also extend to include Our affiliates, agents and any service providers. Us and the agents, affiliates or service providers acting on Our behalf under this section are authorized to perform the Services. You consent to Us providing Your and your identifying information to any Third Parties.
      You may be made aware of or offered services, content, features, products, external applications, offers and promotions provided by Third Parties, to be separately acquired by You (individually and collectively, “Third-Party Services”). Our consent to do so does not reflect any sponsorship, endorsement, approval, investigation, verification and certification or monitoring of such Third-Party Services by Us. Your acquisition of such Third-Party Services, and any exchange of data between You and any provider of Third-Party Services, is solely between You and such provider. We do not warrant Third-Party Services in any way. Under no circumstances will we have any liability for Third-Party Services. You choose to use any Third-Party Services at Your own risk, and under terms and conditions agreed between You and the provider of Third-Party Services that are different from the provisions of these Terms. You further acknowledge that We have no control over Third-Party Services and that You may be charged fees by the Third-Party Service provider. We are not responsible for any Third-Party Services’ fees. You are solely responsible for Your use of the Third-Party Service, and You agree to comply with all terms and conditions applicable to any Third-Party Service when using such.
   5. Hub Credits.
      
      1. Users on the Hub may receive Hub Credits, which will be redeemable for Services available on the Hub. The Company will set the terms for receiving and accruing Hub Credits as well as the validity of such credits and may allow Funded Users to convert their rewards into Hub Credits. Any such conversion is nonrefundable i.e. any rewards converted into Hub Credits will remain as credits and cannot be converted back into fiat funds.
      2. The Hub-credits are not real currency, has no monetary value and it’s only a part of the Services provided to User and User has no right to it beyond the scope of its use in connection with Trading and the Services (in particular that they cannot be used for actual trading), User is not entitled to withdraw or transfer any Hub-credits, and that the Company does not in any circumstances receive any funds or other assets from, or manage any funds or other assets for, the Funded User within the Services.
      3. The Company will determine the potential uses for Hub Credits. The Company is not obligated to allow Users to exchange User’s Hub Credits for anything of real value.
      4. When redeeming Hub Credit, the Company will first redeem credits with the shortest expiration date first, benefiting the User.
      5. Hub Credits are not refundable, all payments for Credit Hub are final.
      6. The Company, in its sole discretion, may implement changes to Hub Credits at any time.

7. Payment Terms

   1. The amounts of fees for the Evaluation program options are in U.S Dollars. In the event of payment of the fee in any other currency than U.S Dollars, the amount of the fee for the selected option shall be converted to U.S Dollars using the exchange rate of your payment processor. Service charges are inclusive of all taxes. The Client is obliged to fulfill all of one’s tax obligations in connection with the use of our Services in accordance with applicable law, and in the event of an obligation, the Client is obliged to pay tax or other fees properly.
   2. You can pay the fee for the selected program of the Evaluation by a payment card, via a bank transfer, or using other means of payment that We currently offer on the Website.
   3. In the event of payment by a payment card or via any other express payment method, the payment shall be made by the owner of the card and immediately. If You select a bank transfer for payment, We will subsequently send You a proforma invoice in electronic form with the amount of the fee for the program of the Evaluation You have chosen on the Website. You undertake to pay the amount within the period specified in the proforma invoice. The fee is considered paid when its full amount is credited to Our account. If You do not pay the amount on time, We are entitled to cancel Your order. Users bear all fees charged by the selected payment service provider (according to the valid price list of the payment service provider) in connection with the transaction and the User is obliged to ensure that the respective fee for the selected Evaluation program is paid in full.
   4. If You are directed to a third-party website to make purchases, Your purchase will be governed by the terms of such third-party website. If You desire to supply credit or debit card information, personal data, or financial information to any third-party service provider or to any linked website, You do so at Your own risk and discretion. We strongly recommend You review the terms and conditions and privacy policy of any third party before providing such information. We are not responsible should You provide such information to any third party and are not responsible for the use of such information by any third party.

8. Refund

   1. Evaluation fee is non-refundable, once you commence said Evaluation trading activity. For as long as no trading activity has occurred, and you did not breach these Terms, You can request a refund within 14 days of making a purchase.

9. Termination rights

   1. Termination for Cause. We reserve the right to terminate the entire relationship between You and Us and/or suspend, block and/or restrict Your access to the Services for specific functions immediately for cause, for certain reasons which include, but are not limited to, the following:
      
      1. We reasonably believe that You are or have been convicted or accused of (including any reasonably documented media reports or market rumors on) any breach or violation of criminal, administrative or tax laws in any country or jurisdiction, e.g. fraud, terrorist financing, money laundering, tax fraud, being part of a Ponzi scheme of any kind, using matrix programs/pyramid programs/multi-level marketing or other high-risk business detrimental to customers, unlawful activity in any jurisdiction, forbidden gambling, intellectual property or proprietary rights infringement, counterfeit or unauthorized goods, using/distributing drugs and drug paraphernalia or substances designed to mimic illegal drugs, producing/distributing adult content and services.
      2. official investigations (by any competent authority, in particular, but not limited to, any public prosecutors or authority in the field of criminal law, financial regulation or tax agents) against You have been initiated or threatened with respect to any breach or violation of relevant criminal, administrative, financial or tax laws in any jurisdiction.
         We do so in order to comply with any (i) applicable laws (in particular for AML purposes) or regulations, (ii) internal guidelines based on such laws or regulations, (iii) any order or request by a court or other competent authority, or (iv) any applicable Sanctions program.
      3. You have breached any of Your obligations under these Terms or Third Party Services terms and have failed to cure such breach within 10 business days from the date of notification of such breach by Us.
      4. If You lodge an unjustifiable complaint regarding the paid fee or dispute the paid fee with Your bank or payment service provider (e.g. through chargeback services, dispute services, or other similar services), on the basis of which an annulment, cancellation or refund of the fee or any part thereof is requested, We are entitled, at Our own discretion, to stop providing You any services and refuse any future provision of any services.
      5. We believe that You are using your Account for any commercial or marketing purposes (including but not limited to selling services based on teaching others how to pass the Evaluation stage), or makes any defamatory statements or publishes harmful content about the Company or the Services, including, without limitation, the unauthorized disclosure or publication of email correspondence or other private communications with the Company.
      6. We reasonably believe that You are involved with a competing company or if there is a suspicion of a conflict of interest.
      7. We have identified any Prohibited Conduct or You have breached any of the following trading rules applicable to Our Services as detailed here (collectively, the “Trading Rules“):
         
         1. Use exploitation of price discrepancies or glitches within different markets of similar or identical assets, also known as Arbitrage Trading;
         2. High-frequency trading in which the majority of trades duration span is measured within a few seconds or less;
         3. Bracketing strategy by opening pending orders around high-impact news. It consists of opening buy and sell stops close to the price before the news;
         4. Intentionally or unintentionally employ trading strategies that take advantage of errors within the system;
         5. Trade coordination or copy trading with other traders or accounts;
         6. One sided-bets;
         7. Expert advisors which scalp during the rollover-night to take advantage of the price feed;
         8. Expert advisors from a third party where other traders have the same trades open;
         9. Using an expert advisors from a provider where the trader does not own the source code;
         10. Tick Scalping;
         11. Hedge Arbitrage Trading;
         12. Reverse Arbitrage Trading;
         13. Account sharing or reselling accounts with other individuals or entities;
         14. Using any software, artificial intelligence, ultra-high speed, or mass data entry which might manipulate, abuse, or give User an unfair advantage while using the Services;
         15. Otherwise performing trades in contradiction with how trading is actually performed in the applicable markets, or in a way that establishes justified concerns that the Company might suffer financial or other harm as a result of User’s activities;
         16. Using any instruments that may adversely affect the operation of the Services or that would be intended to misuse any errors, bugs, or other deficiencies of the Services;
         17. Circumventing geographical restrictions of availability or any other technical restrictions;
         18. Trading on behalf of others including but not limited to sharing any incentives as part of any business arrangement; or
         19. Engaging in other conduct which in the sole discretion of the Company, represents uncommercial activity, is intended to game the market, or otherwise is not a viable trading strategy.
      8. You used an Account without any necessary legal authority to use such an account.
      9. You concealed Your true identity or origin of funds by providing incorrect, incomplete, outdated or misleading data to Us.
      10. You manipulated Our systems, whether manually or through any use of an automated system (e.g. bot) or any other tool or method which deviated from normal, typical and intended use of Our system.

      User acknowledges and agrees that User is solely responsible for staying current on Trading Rules and Prohibited Conduct, which are subject to change at any time and from time to time, with or without notice. For more details on prohibited trading practices, please refer to: https://the5ers.com/prohibited-trading-practices

10. Use of Automated Trading Software

    1. The User may use any custom, algorithmic, or other automated trading software (collectively, “Automated Trading Software”) owned or developed by the User in connection with User’s activities subject to the following terms:
       
       1. User shall notify the Company in writing and obtain written approval from the Company prior to using any Automated Trading Software;
       2. no Automated Trading Software may be used unless the Company has given prior written approval for its use, which approval shall be at the Company’s sole discretion;
       3. User shall indemnify the Company against any claim that such Automated Trading Software infringes on the intellectual property rights of any third party and any and all claims, loss, damages, cost, and fees, including reasonable attorneys’ fees, incurred by the Company as a result of User’s use of the Automated Trading Software;
       4. User shall be responsible for all costs and expenses with respect to such Automated Trading Software; and
       5. User acknowledges that the Company may require advance testing of Automated Trading Software in its sole discretion. Notwithstanding the foregoing, the Company prohibits use of any Automated Trading Software owned or developed by any third party other than the User.
    2. The use of Automated Trading Software does not guarantee the User’s success at the Evaluation of Funded stage and the Company’s approval of any Automated Trading Software shall not be deemed as endorsement or guarantee of success.

11. Data Protection

    1. We respect your privacy. In the course of using the Website and Services, We will collect and store personal data. Information about our data collection and retention policies are provided in the Privacy Policy: https://the5ers.com/privacy-policy.

12. Confidentiality

    1. The Company has devoted a substantial amount of time and effort, and has incurred substantial costs, in developing its trading methods, systems, metrics, feedback, educational materials, training content and strategies made available to the User on the Website and Hub (“Confidential Information”). User agrees that Confidential Information is, in fact, confidential and proprietary to the Company and made available to the User subject to these terms and solely as part of the Services.
    2. User shall not, without the prior written consent of the Company, except as required by any court, supervisory authority, or administrative agency, use or disclose Confidential Information to any person, other than an employee or agent of the Company or a person to whom disclosure is reasonably necessary or appropriate in connection with the performance of User’s activities. In the event User is required to disclose Confidential Information User shall immediately send notice to the Company of all facts and circumstances surrounding such disclosure including, but not limited to, what Confidential Information was disclosed, to whom such disclosure was made, and the purpose such disclosure was required.

13. Risks

    1. No advice or guarantees. The content provided as part of the Services should not be considered legal or financial advice. We may provide information on financial instruments, but it should not be considered as investment or financial advice and should not be construed as such. We do not offer nor provide any legal nor financial advice. We do not and cannot act as an advisor of any kind, including as to any financial, legal, investment, insurance or tax matters. Any information provided by Us is for educational purposes and general information only. You are solely responsible for determining whether any of the Services are appropriate for You. You should consult with an attorney, financial or other professional to determine what may be best for Your individual needs. We do not make any guarantees or other promises as to any results that may be obtained from using the Services. You should not make any decision without first consulting Your personal financial advisor and conducting your own research and due diligence.
    2. Risk of software weaknesses. While We make reasonable efforts to develop secure software, We cannot guarantee its flawless operation or protection against all potential threats. Therefore, to the extent permitted by law, We disclaim any liability for any direct, indirect, incidental, or consequential damages arising from software weaknesses, security breaches, or other related issues. By using Our Services, You acknowledge and accept the inherent risks associated with software weaknesses. You understand that no software is entirely free from vulnerabilities, and You agree to use the Website and the Services at Your own risk without exception.
    3. Availability of the Website and Services. Technology-based websites and services like Ours need (planned and unplanned) maintenance work and development work and that for such work interruptions of the systems (planned and unplanned) are necessary and system immanent. During the period of such interruption, the use of or access to the Website may be restricted or not possible and therefore the Services may also be temporarily inaccessible or impossible. Planned maintenance work, updates or upgrades that not only temporarily restrict the functioning of the Website or cause it to fail will be communicated to the You in a suitable manner (for example, by email) in a reasonable amount of time in advance, as possible. Such maintenance work will be completed as soon as possible. Unplanned maintenance work that is necessary due to technical defects or force majeure will be carried out as soon as possible.
    4. Regulatory and legal risk. It is possible that statutory or regulatory changes will have material effects on the current setup or provision of the Services. We are committed to design, modify and/or adapt the Services in such a way that it complies with all applicable laws and regulations while at the same time retaining the flexibility for You, but cannot guarantee that no changes will be made. Certain regulatory or legal changes may result in the limitation or termination of certain Services. Accordingly, We may use Our sole and absolute discretion to, among other things, reject specific applications to open Accounts, prohibit use of part or all of the Services and/or close, freeze or suspend Accounts, where We, in Our sole and absolute discretion, have determined that regulatory or policy reasons prevent Us from being able to offer the Services.
    5. Risk of phishing and/or social engineering. SMS and email services are vulnerable to spoofing and phishing attacks and you should use care in reviewing messages purporting to originate from Us. You should always log into your Account through the client area at the website: https://the5ers.com. Phishing attacks often occur despite SMS or e-mail or equivalent services, via search engines or ads in search engines, or other fraudulent links.
    6. Tax implications. The use of the Services may trigger tax consequences for You, including, but not limited to, being required to declare your asset portfolio, trades and profits to the competent tax authorities as well as to calculate and pay taxes triggered by Your activity. Such tax consequences often (but not always) depend on the tax laws of the jurisdiction of Your permanent residence and the international tax treaties that country has ratified. You are solely responsible to comply with all national and international tax laws from time to time applicable to You by virtue of using the Services at all times and We shall not be required to inform or warn You about any existing or pending tax implications in connection with the Services and does not make any representations whatsoever in respect to any tax consequences triggered by using the Services.
    7. Monitoring. We employ various monitoring tools and techniques to ensure the security, integrity, and compliance of the Services, inter alia, in order to ensure compliance with applicable laws, regulations, and internal policies, including Trading Rules. We may share relevant information with regulatory authorities or law enforcement agencies as required or permitted by law. In particular, the Company is aware of the regulatory requirements in the US, and it operates in accordance therewith and aims to fully comply with US law and regulatory requirements. We will provide to any official enforcement organization of the US authorities relevant information by official and authorized request to [email protected].

14. Data Accuracy

    1. Although We intend to provide accurate and timely information on the Website, such information may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide You with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies, products and Services. Accordingly, You should verify all information before relying on it, and all decisions based on information contained on the website or app are Your sole responsibility and We shall have no liability for such decisions. Links to Third-Party materials (including without limitation, websites) may be provided as a convenience but are not controlled by Us. You acknowledge and agree that We are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Website.

15. Disclaimers From Us

    1. SUBJECT TO APPLICABLE LAWS, OUR SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND, “WITH ALL FAULTS” AND “AS AVAILABLE”. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE AND OUR LICENSORS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VULNERABILITIES, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; (B) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; OR (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; OR (D) THAT OUR SERVICES, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR ERRORS, THAT ITS CONTENT IS ACCURATE, THAT IT WILL BE UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.
    2. WE MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES; (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; AND (V) ANY SECURITY BREACH, SYSTEM VULNERABILITIES OR WEAKNESSES RESULTING BY CODING ERRORS, DESIGN FLAWS ALICIOUS CODE, MALWARE,BOTS, WORMS, TROJANS, BACKDOORS, EXPLOITS, CHEATS, FRAUD, HACKS, HIDDEN DIAGNOSTICS, OR OTHER MECHANISMS TO DISABLE SECURITY OR CONTENT PROTECTION.
    3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US, OUR RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, (COLLECTIVELY, “RELEASED ENTITIES”), OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
    4. WE DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITES OR SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY USING THE WEBSITE OR SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR SERVICES.
    5. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A BROKER-DEALER, AND THAT WE DO NOT TRADE SECURITIES ON OUR OR ANOTHER PARTY’S BEHALF AS PART OF THE WEBSITE OR SERVICES, NOR DO WE DIRECTLY OFFER ANY FINANCIAL ADVICE AS PART OF THE WEBSITE OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY LOSSES OR GAINS THAT MAY ARISE FROM YOUR ACTIVITIES OR RELIANCE UPON INFORMATION PROVIDED THROUGH THE SITES OR SERVICES OR YOUR INTERACTION WITH OTHER USERS.
    6. THE INFORMATION PRESENTED HAS BEEN PREPARED WITHOUT REGARD TO INDIVIDUAL INVESTMENT OBJECTIVES, FINANCIAL SITUATIONS OR MEANS. SUCH INFORMATION IS NOT, NOR IS IT INTENDED TO CONSTITUTE INVESTMENT ADVICE AND IS NOT DESIGNED TO MEET YOUR PERSONAL FINANCIAL SITUATION. MANY OF THE INVESTMENTS DESCRIBED ON OR THROUGH OUR WEBSITE OR SERVICES INVOLVE SIGNIFICANT RISKS OF LOSS, AND ANY DISCUSSION OF RISKS CONTAINED ON THE WEBSITE OR SERVICES SHOULD NOT BE CONSIDERED A COMPLETE DISCUSSION OF RISKS INVOLVED. WE RECOMMEND THAT YOU CONSULT WITH YOUR FINANCIAL ADVISERS ABOUT INVESTMENT OPTIONS AND WHETHER ANY INVESTMENT MAY BE APPROPRIATE FOR YOUR SPECIFIC NEEDS PRIOR TO MAKING ANY INVESTMENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE THE SOLE RESPONSIBILITY FOR YOUR DECISIONS AND THAT YOU SHOULD NOT RELY SOLELY ON ANY INFORMATION PROVIDED THROUGH THE WEBSITE OR SERVICES WITH REGARD TO ANY DECISIONS YOU MAKE.
    7. THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE OR SERVICES IS NOT TO BE CONSTRUED AS AN OFFER TO BUY OR SELL, OR THE SOLICITATION OF AN OFFER TO BUY OR SELL, ANY SECURITY, FINANCIAL PRODUCT, OR INSTRUMENT, OR TO PARTICIPATE IN ANY PARTICULAR TRADING STRATEGY.
    8. THE COMPANY RESERVES THE RIGHT TO REQUIRE FUNDED USERS TO APPLY SPECIFIC RISK PARAMETERS TO ACCURATELY ASSESS RISK WITHIN THEIR ACCOUNTS. THESE PARAMETERS MAY INCLUDE, BUT ARE NOT LIMITED TO, LEVERAGE LIMITS OR POSITION SIZE CONSTRAINTS. IT IS IMPORTANT TO NOTE THAT THESE REQUIREMENTS MAY BE TEMPORARY IN NATURE AND SUBJECT TO PERIODIC REVIEW AND ADJUSTMENT BY THE COMPANY AS NECESSARY.

16. Limitation of Liability

    1. In no event will the Company, its parents, subsidiaries, partners, or affiliates, or the respective service providers, employees, agents, officers, and directors of each be liable to You for any indirect, incidental, special, punitive, exemplary, or consequential damages, including any lost profits, lost or corrupted data or lost opportunity, nor monetary harm or property damage even if You or any other person has notified Us about the possibility of such damages, or for any claims by any third parties, arising out of or in any way related to the access, use, or content, of our Website or Services or a linked website or in reliance of any tool, functionality information or other content available in connection with the Website or Services whether such claims are brought under any theory of law or equity.
       Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You. In such jurisdictions, Our liability will be limited to the maximum extent permitted by law.
       We reserve the right to modify, change, replace, add, or remove any elements and functions of the Website and/or Services at any time without any compensation. We are not responsible for failure to provide the Website and/or Services if that failure occurs due to technical or operational reasons beyond Our control, including, without limitation, if due to force majeure events or if We are prevented from providing the Website and/or Services as a result of any obligations imposed by law or a decision of a public authority.
    2. In no event will Our liability for any claim of any kind, whether based in contract, warranty, tort, strict liability, or otherwise, for any losses or damages arising out of, connected with, or resulting from, these terms or the performance or breach thereof, or any product or service or the use or performance thereof, exceed the greater of (a) the amount paid by You to Us in the immediately preceding month for Our Services or (b) $100. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You. In such jurisdictions, Our liability will be limited to the maximum extent permitted by law.

17. Miscellaneous

    1. Disclosure of data to authorities. Under applicable AML and Sanctions Regime, We are obligated to maintain certain information about You, for the duration required under applicable laws. In addition, under certain circumstances, We may be required to report to the competent authorities of any suspicion. We may disclose any data relating to You and Your Account if required or requested to be disclosed by any court of competent jurisdiction or any governmental, banking, taxation or other regulatory authority or similar official body (for example in connection with criminal investigations). We reserve the right to cooperate with such authorities to the maximum extent required by law.
    2. Electronic signatures. All documents executed shall be in electronic form, including by agreeing to the terms posted on our Website and you hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
    3. No waiver of rights. Our failure to enforce or to exercise, at any time or for any period of time any term of or any right or remedy arising pursuant to or under the Terms shall not constitute, and shall not be construed as, a waiver of such term or right or remedy and shall in no way affect Our right to enforce or exercise it later, provided that such right is not time barred, expired or precluded.
    4. Survival. The Terms shall survive and continue to apply after termination of the business relationship until complete settlement.
    5. Contractual language. In the event that these Terms are made and published in various languages, and in case of a dispute or any discrepancies, the English language version of the Terms shall prevail.
    6. Order of precedence. In case of any conflict between the content on the Website and the Terms, the Terms shall prevail.

18. Governing Law

    1. These Terms and the relationship between You and Us shall be governed by, and construed and interpreted in accordance with, the laws of Israel, and You irrevocably submit to the exclusive jurisdiction of the competent courts of Israel with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms and the relationship between You and Us all subject to the applicable law.

19. Jurisdiction

    1. Any and all contractual and non-contractual disputes, divergences or claims between the Company and You will be subject to the exclusive jurisdiction of the courts of Tel Aviv, subject to the applicable law.

Date of update – Sep. 9th 2024