Terms & Conditions
Last Revised: November 22, 2023
Please thoroughly examine these terms and conditions before operating Our Service.
Greetings and welcome to Exness. This “Terms and Conditions” document governs your usage of the Exness trading platform, encompassing the website, mobile applications, trading platforms, and any other associated services we provide. By accessing or utilizing any part of our services, you consent to be legally bound by these Terms.
- Use of our Services: You confirm that by visiting the site, you have examined, grasped, and agreed to comply with all of these Terms and Conditions.
- Updates: We hold the right to revise or alter our Terms and Conditions at any moment and suggest you evaluate these Terms on occasion.
2. Consent to the Terms
Your consent to these Terms is obligatory for your usage of the Exness services. By finishing the registration process and/or operating the Exness platform, you:
- Registration: Confirm that the act of generating an account on Exness is an affirmative action towards consenting to these Terms. This encompasses supplying necessary personal particulars and information that must be precise and current, making a username and password, and perhaps going through additional verification processes as mandated by Exness.
- Use of Services: Verify that each instance you access our Services, whether it’s accessing your account, executing transactions, or simply perusing our offerings, you are re-confirming your acceptance of our existing Terms.
Should you disagree with these Terms, or any future alterations to these Terms:
- Immediate Cessation: You are responsible to straightaway halt all access and usage of Exness services. Continued usage after a disagreement surfaces constitutes a violation of the agreement, which may result in suspension or closure of your account.
3. Alterations to the Terms
We recognize that the realm of online trading is always developing, which necessitates occasional updates to our Terms and Conditions. We are dedicated to retaining compliance with legal benchmarks and fulfilling the dynamic requirements of our users. Therefore, we hold the right to amend these Terms at any given moment. When we do:
- Notification of Changes: Guarantee that the revised Terms are instantly posted on the Exness website. This functions as our official technique of alerting you of any major changes to the stipulations of our agreement.
- Visibility of Revision Date: To keep you notified, the date of the most recent update will always be exhibited at the top of the Terms page. This is to ensure transparency and ease of verification of the most current version.
By persisting to access or utilize the Exness services after revisions become effective:
- Deemed Acceptance: You consent to be legally bound by the revised Terms. If you disagree with the new terms, you must discontinue usage of the services. It is your accountability to periodically examine the Terms for changes.
- Continuation of Use: Your judgement to continue operating the Services subsequent to any updates to these Terms constitutes your formal acceptance of the revised terms and conditions. If any alteration is unacceptable to you, your only recourse is to end your usage of the Services.
Understanding and adhering to these processes guarantees a transparent and impartial relationship between you and Exness, enabling a safe and proficient trading climate.
4. Account Creation
To access and utilize certain aspects of our Services, forming a personal account is obligatory. By proceeding with the registration, you acknowledge and consent to the following:
- Legal Age: You confirm that you are at minimum 18 years old. Exness does not permit individuals under 18 to register for or employ the Services.
- Registration Data: You commit to providing precise, current, and complete details about yourself as may be prompted by the registration forms on the Services. This is critical for preserving your account and obtaining timely assistance and alerts.
- Account Security: You are accountable for safeguarding the password you utilize 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 promptly upon becoming aware of any breach of security or unauthorized usage of your account.
- Updating Information: You consent to sustain and instantly update the Registration Data and any other information you provide to us, to retain it accurate, current, and complete. Failure to do so may result in inability to access the Services and potential legal repercussions.
- Risks Acknowledgement: You recognize that you bear all risks linked with unauthorized access to your Registration Data and any other information you provide to us, due to your failure to preserve the security and privacy of your information.
Noncompliance with these stipulations may result in the interim suspension or permanent closure of your account.
6. Usage of Services
Your access to and usage of the Services provided by Exness are subject to compliance with these guidelines:
- Permitted Use: You agree to utilize the Services exclusively for legal purposes as stipulated by these Terms and in accordance with all applicable laws and regulations. Any usage of the Services outside these boundaries is strictly forbidden.
- 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 acquiring express written permission from us.
6 Asset Classes – 16 Trading Platforms – Over 1000 Instruments.
Trade Forex, Individual Stocks, Commodities, Precious Metals, Energies and Equity Indices at Exness.
7. Risk Disclosure
Participation in trading activities carries innate risks and is not appropriate for all individuals. As an investor employing Exness Services, it is vital that you recognize and undertake the following:
- Investment Consideration: You should carefully assess your trading goals, experience level, and risk tolerance before commencing any trading activities. It is important to be fully cognizant of all the potential risks linked with trading instruments.
- Risk of Loss: Acknowledge 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 carries a high level of risk and may not be suitable for all investors.
- Informed Decisions: Guarantee that you grasp 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 consenting to these Terms, you confirm that you have pondered these risks and are willing to undertake trading activities in full awareness 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 safeguarded 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 encompasses, 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 compliance with these Terms does not bestow any license or right to utilize any of the aforementioned marks, and such usage without express written permission is strictly prohibited. This prohibition encompasses the usage 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 pursue 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 accountability. It is anticipated that you will conduct yourself in a lawful and respectful manner, abstaining 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 usage of any automated system, such as “robots,” “spiders,” “offline readers,” and analogous technology, to access the Services is strictly forbidden. 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 functioning of the Services, diminish the quality of, interfere with the performance of, or impair the functionality of the Services.
It is vital to grasp that engaging in prohibited activities may result in 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.
We provide the Exness Services with the aim 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 inferred from the course of dealing or usage of trade are expressly disclaimed.
By utilizing our Services, you recognize that you do so at your own risk and that we shall not be accountable for any discrepancies, errors, or downtime that you may encounter.
11. Limitation of Liability
Your judgement 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 accountable 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 notified of the possibility of such damage.
- Damages Cap: Without restricting 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 allowed by applicable law.
Please note that some jurisdictions do not permit 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 be applicable to you. In such instances, Exness’s liability will be restricted to the greatest extent allowed by law.
12. Governing Law
The Terms & Conditions that govern your usage 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 usage of Exness Services, are governed by and interpreted 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 consenting to these Terms, you confirm that you will comply with all local laws and regulations applicable to your usage of the Services, without causing us to be in violation 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 situated in the jurisdiction where Exness is registered. By utilizing 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 grasp the jurisdiction and applicable laws under which any dispute or claim arising out of or in connection with these Terms or your usage 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 located 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 situated 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 utilize its trademarks. It is vital 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 22, 2023 and apply to all use of the Services from this date forward.