Terms and Conditions

Last updated: November 02, 2023

Please read these terms and conditions carefully before using Our Services.

1. Introduction

Welcome to Exness. This document, our “Terms and Conditions”, governs your use of the Exness trading platform, which includes the website, mobile application, trading platform and 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 encourage you to review these Terms periodically.

2. Acceptance of Terms

Your agreement to these Terms is a condition of your use of Exness services. By completing the registration process and/or using the Exness platform, you:

  • Registration: Acknowledge that the act of creating an account with Exness is an affirmative step towards agreeing to these Terms. This includes providing the necessary details and personal information which must be accurate and up to date, creating a username and password, and possibly undergoing further verification processes as required by Exness.
  • Use of Services: Please confirm that each time you access our Services, whether logging into your account, making a transaction, or simply browsing our offerings, you are reconfirming your acceptance of our current Terms.

If you do not agree to these Terms, or any future modifications to these Terms:

  • Immediate Termination: You are responsible for immediately discontinuing all access and use of Exness services. Continuing use after a dispute occurs is a violation of the agreement, which may result in suspension or termination of your account.

3. Changes to Terms

We recognize that the world of online trading is constantly evolving, which requires us to occasionally update our Terms and Conditions. We are committed to remaining compliant with legal standards and meeting the dynamic needs of our users. Therefore, we reserve the right to change these Terms at any time. When we do, we will do:

  • Change Notification: Please 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.
  • Revision Date Visibility: To keep you informed, the most recent update date will always be displayed at the top of the Terms page. This is to ensure transparency and easy verification of the latest version.

By continuing to access or use Exness services after the 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 service. You are responsible for checking the Terms periodically for changes.
  • Continued Use: Your decision to continue using the Services following any update to these Terms constitutes your formal acceptance of the revised terms and conditions. If any changes are unacceptable to you, your sole recourse is to discontinue use of the Service.

Understanding and complying with this process ensures a transparent and fair relationship between you and Exness, facilitating a safe 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 continuing registration, you acknowledge and agree to the following:

  • Legal Age: You represent that you are at least 18 years old. Exness does not allow individuals under the age of 18 to register or use the Services.
  • Registration Data: You commit to providing accurate, current, and complete information about yourself as prompted by the registration form on the Service. This is important for maintaining your account and for receiving timely assistance and notifications.
  • Account Security: You are responsible for safeguarding the password you use to access the Service 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 if you become 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 other information you provide to us, to keep it accurate, current and complete. Failure to do so may result in the inability to access the Services and potential legal implications.
  • Risk Acknowledgment: You acknowledge that you assume all risks associated with unauthorized access to your Registration Data and other information you provide to us, due to your failure to maintain the security and confidentiality of your information.

Failure to comply with these terms 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 is an integral part of these Terms, details our data collection, processing and use practices. By accessing and using Exness Services, you consent to the handling of your information as follows:

  • Data Use Consent: You give Exness permission to use your information in accordance with the Privacy Policy. This may include personal identification data, transaction data, and other information that you provide when using our Services.
  • Privacy Policy Acknowledgment: You are responsible for reviewing and understanding our Privacy Policy. By continuing to use our Services, you acknowledge that you have read, understand and agree to the terms of our Privacy Policy.

6. Use of Services

Your access to and use of the Services provided by Exness is subject to compliance with these guidelines:

  • Permitted Use: You agree to use the Services exclusively for lawful purposes as provided by these Terms and in accordance with all applicable laws and regulations. Any use of the Services outside these limits is strictly prohibited.
  • Respect for Intellectual Property: You must respect Exness’ 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 our written permission.

7. Risk Disclosure

Participation in trading activities carries inherent risks and is not suitable for all individuals. As an investor using Exness Services, it is important for you to know and do the following:

  • Investment Considerations: You should carefully evaluate your trading objectives, level of experience, and risk tolerance before initiating any trading activity. It is important to be fully aware of all potential risks associated with trading instruments.
  • Risk of Loss: Be aware that it is possible to lose some or all of your initial investment. Therefore, you should not trade 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.
  • The right decision: Make sure that you understand the nature of the transaction you are entering into and the extent of your exposure to risk. Trading speculative products is not guaranteed to result in profits and can result in significant financial losses.

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 all content, features and functionality, are not only the property of Exness but are also legally protected under intellectual property laws. Specifically, this ownership is as follows:

  • Trademarks: Any and all trademarks, service marks, graphics and logos used in connection with our Services are the exclusive trademarks or registered trademarks of Exness or our licensors. This includes, but is not limited to, the distinctive Exness logo, any affiliate images, and all other branding elements representing our Services.
  • No Implied License: Your compliance with these Terms does not confer any license or right to use any of the marks mentioned above, and any such use without express written permission is strictly prohibited. This prohibition applies 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 event of infringement or violation of our intellectual property laws.

9. User Behavior

Your activities on the Exness platform are under your control and responsibility. It is expected that you will behave in a lawful and honorable manner, refraining from any action that could harm or exploit the platform. This includes, but is not limited to, the following prohibited activities:

  • Unlawful Duplication: You may not copy, replicate, distribute or disclose any part of the Service in any medium, including, but not limited to, any form of automated “mining” or unauthorized appropriation of content.
  • Abuse of Automated Systems: Use of any automated system, such as “robots,” “spiders,” “offline readers,” and similar technologies, to access the Services is strictly prohibited. This action could place an unreasonable burden on our infrastructure and is not permitted.
  • Service Integrity: You may not interfere or attempt to interfere with the proper working of the Service, reduce the quality, impair performance, or impair the functionality of the Service.

It is important to understand that engaging in prohibited activities may result in the suspension or termination of your account, legal action against you, and the loss of any potential legal claims you may have against us.

10. Disclaimer

We provide Exness Services with the aim of facilitating a smooth trading experience, but there are some things we cannot guarantee. This is reflected in our disclaimer:

  • “As Is”: The Services are offered strictly on an “as is” and “as available” basis. We do not make 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 uninterrupted, secure, or error-free.
  • No Warranties from Usage: Any warranties that might be implied from a 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 will not be responsible for any discrepancies, errors or downtime you may experience.

11. Limitation of Liability

Your decision to use Exness Services is accompanied by an understanding of the limits of our liability to You:

  • Liability Coverage: Neither Exness, nor its directors, employees, partners, agents, suppliers, or affiliates, will be liable for any incidental, indirect, punitive, special, consequential or exemplary damages, including, but not limited to , losses for loss of profits, good name, use, data, or other intangible losses.
  • Informed Acknowledgement: This limitation of liability applies regardless of theory of liability, whether based on contract, tort (including negligence), warranty, or any other legal theory, even if Exness has been advised of the possibility of such damage.
  • Limitation of Damages: Without limiting the foregoing, our total liability for any damages arising out of or related to this agreement (for any reason 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’ liability will be limited to the maximum extent permitted by law.

12. Governing Law

The Terms & Conditions governing your use of Exness Services not only constitute a blueprint for our relationship, but are also subject to certain legal and jurisdictional rules:

  • Jurisdiction Law: These Terms, and by extension your use of the Exness Services, are governed by and construed in accordance with the laws of the jurisdiction where Exness is established and registered. This applies without reference to any principles of conflicts of law that might guide 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 violate any applicable laws.
  • Dispute Resolution: In the event of a dispute arising out of or in connection with these Terms, such dispute will be handled 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 Resolution: Before resorting to court, we strongly encourage you to contact us directly to seek a resolution by contacting our customer service team. Most customer problems can be resolved quickly and to customer satisfaction by contacting us.

By accepting these Terms, you confirm that you understand the jurisdiction and applicable law under which any dispute or claim arising out of or in connection with these Terms or your use of the Exness Services will be resolved. This decision is an integral part of the legal agreement between you and Exness.

13. Information and Compliance with Regulations

This section outlines the regulatory and compliance status of Exness entities.

Exness (SC) Ltd is a Securities Dealer registered in Seychelles, with registration number 8423606-1. The company is authorized and regulated by the Seychelles Financial Services Authority (FSA) with license 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 Broker registered in Curaçao, with registration number 148698(0). This entity is authorized by the Central Bank of Curaçao and Sint Maarten (CBCS) with license 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 number 2032226 with investment business license number SIBA/L/20/1133. The registered office address is Trinity Chambers, P.O. Box 4301, Road Town, Tortola, BVI.

These designated entities have the appropriate authority to conduct business under the Exness brand and use its trademarks. It is important to note that the services provided by the above-mentioned entities are not available to residents of certain jurisdictions, including the United States, Iran, North Korea, Europe, the United Kingdom, and others subject to 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 activity. Reproduction or duplication of the information contained on this website is strictly prohibited without the written permission of Exness.

In line with our commitment to data security and privacy, Exness complies with the Payment Card Industry Data Security Standard (PCI DSS). Routine vulnerability scans and penetration tests are conducted in accordance with PCI DSS requirements which fits our business model, ensuring the security and privacy of our clients’ information.

14. Changes to these Terms & Conditions

The digital services landscape, including online trading, continues to evolve. In recognition of this, Exness reserves the right to make modifications to these Terms and Conditions as necessary:

  • Right to Modify: At any time, we may determine that changes to these Terms are necessary. Such changes may be due to updates in our service offerings, legal and regulatory updates, or simply to improve the user experience. When these changes occur, we have the sole right to change or replace these Terms.
  • Change Notification: If we update these Terms, we will take steps to notify you. This may include posting notices on our main website or sending you direct communications. The notification method will be chosen based on the significance of the changes we make.
  • Effective Date: The effective date of the updated Terms will be clearly stated at the top of the Terms page. By continuing to use our services after these changes have been made, you signify your acceptance of the new Terms.
  • Review Responsibilities: You are responsible for periodically reviewing these Terms for changes. Your continued use of the Services following the posting of revised Terms means you accept and agree to the changes. If you do not agree to the new terms, you must stop using the Services.

Remember, any changes to the Terms will not apply retroactively to disputes or disagreements that occurred prior to the date of the change. 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 as of that date.

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