Risk Disclosure Notice
This Risk Disclosure Notice intends to inform the User regarding the risks associated with using TonTrader Platform as provided by Exynic Solutions Ltd. ("Company").
Trading in derivatives, including in Contracts for Difference (CFDs) carries significant risk to Users' capital. Derivatives, including CFDs, are classified as high-risk financial products by regulatory bodies due to the lack of capital protection and potential for substantial losses. Our platform ensures the User cannot lose more than the User invested amount or incur debt. However, derivatives trading in general and trading in CFD in particular may not be suitable for all investors. This Risk Disclosure Notice serves as an integral part of the TonTrader Platform Terms of Use. Please read carefully and seek professional advice if uncertain and ensure fully comprehend the associated risks.
FOR THE AVOIDANCE OF ANY DOUBT, USERS CANNOT PURCHASE, SELL OR TRADE CRYPTO ASSETS VIA TONTRADER PLATFORM OR THE WEBSITE.
No regulatory authority has examined or approved of any of the information available on the TonTrader website available at: https://tontrader.com/ ("Website") or the TonTrader Platform (including, without limitation TonTrader Mini App and bot). No such action has been taken under any laws or regulations of any jurisdiction. The publication, distribution or dissemination of any information available on the Website or on the TonTrader Platform does not imply that any laws or regulations have been complied with.
You are responsible for informing yourself in respect of the legality of your use of the TonTrader Platform or the Website, or any feature thereof or any information contained therein, and for observing any applicable restrictions at your own expense and without any liability whatsoever to the Company or anyone on its behalf.
This risk disclaimer does not include all possible risks associated with TonTrader Platform, derivatives products (including CFDs) or Crypto Assets. Other risks, including those not specifically mentioned herein, may also apply. It is your responsibility to fully understand the risks involved before engaging in any trading activity.
1. Nature of Derivatives and Potential Risks
1.1. Derivatives markets such as CFDs are highly volatile and carry a high degree of risk. Both profits and losses can be magnified due to leverage. User cannot lose more than the Account balance, but substantial losses are possible if positions move unfavorably. User should carefully consider whether such trading is appropriate for him in light of the User's experience, objectives, financial resources, and any other relevant circumstances.
1.2. The high degree of leverage is a particular feature of CFDs and other derivatives. The effect of leverage makes investing in CFDs and other derivatives riskier than investing directly in the underlying asset. This stems from the margining system applicable to CFDs and other applicable derivatives which generally involves a small deposit relative to the size of the transaction, so that a relatively small price movement in the underlying asset can have a disproportionately dramatic effect on Users' trade. A small price movement in User's favor can provide a high return on the deposit, however, a small price movement against User's position may result in significant losses. The User understands that derivatives and CFDs in particular can have different underlying assets, such as stocks, indices, currencies, Crypto Assets and commodities. CFDs and other derivatives made available through TonTrader platform do not confer ownership rights to underlying assets including voting rights or other benefits for share-based or Crypto Asset-based CFDs and other applicable derivatives.
1.3. The Company does not guarantee the future performance, or any specific level of performance, of any asset portfolio. Past performance is not a guarantee of or prediction of future performance.
2. Market Fluctuations and Currency Risk
2.1. Understanding market risks is crucial as underlying price fluctuations affect profitability. Derivatives, including CFDs, denominated in foreign currencies carry additional exchange rate risks. When the CFD or other applicable derivative is settled in a currency or Crypto Asset other than User's base currency or Crypto asset, the value of Customer's return may be affected by its conversion into the base currency or Crypto Asset as applicable. Due to market conditions which may cause any unusual and sharp market price fluctuations, especially in Crypto Asset markets, or other circumstances the Company may be unable to close out Customer’s position at the price specified by the User and the Customer agrees that the Company will bear no liability for a failure to do so. Only experienced traders familiar with market volatility should consider CFD or other derivatives trading.
3. Margin and Account Management
3.1. Initial margin is required to open trades, and maintaining positions requires User's Account to exceed the Maintenance Margin. We may make Margin Calls that must be satisfied immediately. Company may modify the margin requirement at any time and in company's sole discretion.
3.2. User must maintain the minimum margin requirement on their open positions at all times.
3.3. The Company has the right to close User's positions without notice in the event of a margin deficiency. Close monitoring of positions is essential to ensure it contains sufficient liquidity to meet margin requirements due to the speed at which profits or losses can occur.
4. Operational, Regulatory, Capital and Platform Risks
4.1. Natural and operational risks exist in every derivative (including CFD) transaction, including potential interferences in processes or outside events, computer software or hardware malfunction, delay, or failure, that may negatively affect any aspects of the service.
4.2. Regulatory changes, including amendments to tax, financial services or Crypto Asset legislation and shifts in governmental policies (fiscal, monetary, or regulatory), may impact User positions, and may materially adversely affect TonTrader Platform and any associated services or products.
4.3. While the Company assesses its platform's suitability for User's circumstances, the final decision is taken solely by the User. User should only invest funds, Crypto Assets or use Platform Points that the User can afford to lose. Derivatives, including CFDs, are not suitable for generating regular income due to value fluctuations.
5. Non-Advice to User
5.1. The Company only acts by User instructions and does not advise the User on any transactions. No part of the information available through the Website or the TonTrader Platform (including without limitation the TonTrader Mini App and bot) is or should be considered to be a business, legal, financial (including investment) or tax advice. You should consult your own legal, financial, tax or other applicable professional advisor. You should be aware that you may be required to bear the financial risk of any trading or other activity for an indefinite period of time.
5.2. In case the Company provides generic market recommendations, such generic recommendations do not constitute a personal recommendation or investment advice and have not considered any of your personal circumstances or your investment objectives, nor is it an offer to buy or sell, or the solicitation of an offer to buy or sell. Each decision by User to enter into a derivatives (including, as applicable, CFD) trading with the Company and each decision as to whether a transaction is appropriate or proper for User, is an independent decision made by the User. The Company is not acting as an advisor or serving as a fiduciary or custodian to User. User agrees that the Company has no fiduciary duty to User and no liability in connection with and is not responsible for any liabilities, claims, damages, costs and expenses, including attorneys’ fees, incurred in connection with User following the Company’s generic trading recommendations or taking or not taking any action based upon any generic recommendation or information provided by the Company.
6. Internet Trading
6.1. When User trades online (via the internet), the Company shall not be liable for any claims, losses, damages, costs or expenses, caused, directly or indirectly, by any malfunction, disruption or failure of any transmission, communication system, computer facility or trading software, whether belonging to the Company, User, any exchange or any settlement or clearing system.
7. Quoting Errors
7.1. Should a quoting error occur (including responses to User requests), the Company is not liable for any resulting errors in account balances and reserves the right to make necessary corrections or adjustments to the relevant Account. Any dispute arising from such quoting errors will be resolved on the basis of the fair market value, as determined by the Company in its sole discretion and acting in good faith, of the relevant market at the time such an error occurred. In cases where the prevailing market represents prices different from the prices the Company has posted on Company’s website, the Company will attempt, on a best efforts basis, to execute transactions on or close to the prevailing market prices. These prevailing market prices will be the prices, which are ultimately reflected on the User statements. This may or may not adversely affect the User’s realized and unrealized gains and losses.
4. Other Risks
8.1. Transactions in Crypto Assets may be irreversible, and, accordingly, losses due to fraudulent, accidental or wrong transactions are generally not recoverable. Specifically, the Company and anyone on its behalf will not be able to reverse or recover any transaction or transfer of Crypto Asset if such Crypto Asset is sent to an incorrect or an incompatible (including, but not limited to, compatibility with the type of blockchain or Crypto Asset) Crypto Asset wallet address. Some transactions in Crypto Assets shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction.
8.2. The Company does not sell Crypto Assets, but you should be aware that there are risks associated with purchasing Crypto Assets, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become un-transferable. Under no circumstances shall the Company or anyone on its behalf be held responsible for any of your purchase of any Crypto Assets.
8.3. Loss of private cryptographic key(s) or shard thereof where applicable associated with your Crypto Asset wallet will result in loss of any of your or other Crypto Assets associated with such wallet. Moreover, if any third party that gains access to such private key(s) or shards thereof where applicable, such third party may be able to misappropriate your Crypto Assets.
8.4. The TonTrader Platform's operation depends heavily on various third parties and third-party infrastructure, such as, among others, Telegram and TON Network. Any disruption, failure, security breach, regulatory action, or other adverse event affecting these third parties or the applicable infrastructure may have a substantial negative impact on the Platform’s performance, availability, security, and overall functionality, potentially resulting in losses or other adverse consequences for Users.
8.5. The further development of the TonTrader project may be abandoned for a number of reasons, including, but not limited to, lack of interest from the public, lack of funding, lack of commercial success or prospects, or departure of key personnel.
9. Updates
9.1. The Company has the right to amend this Risk Disclosure Notice at its sole discretion at any time it, without prior notice. The updated Risk Disclosure Notice is available on the Company’s Website or through the TonTrader Platform.
10. TonTrader Platform Terms of Use Integration
10.1. This Risk Disclosure Notice is incorporated into and forms an essential component of the Customer Agreements as defined in the TonTrader Platform Terms of Use. Capitalized terms used but not defined herein shall have the meaning given to them in the TonTrader Platform Terms of Use.
Remember, derivatives and CFD trading may not be suitable for all investors. Furthermore, Crypto Assets also bear significant risks. Ensure you fully understand the risks before trading.
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