En
Entrance

User Agreement

1. Introduction

1.1. This Agreement is concluded between AXIMORA CORP LTD (hereinafter referred to as the “Company” or “us”), on the one hand, and the Client (who may be a legal or natural person), who completes the Account Opening Application Form and is accepted by the Company as a Client (the “Client” or “you”), on the other hand.

1.2. The Company is authorized as AXIMORA CORP LTD, Company Number 16425701, and registered at 110 Bishopsgate, London, England, EC2N 4AY.

1.3. This Client Agreement, together with Appendix 1 and any other annexes attached to it, as well as the following documents, with any amendments made from time to time: “Summary of Conflict of Interest Policy”, “Summary of Best Execution and Order Handling Policy”, “Risk Disclosure and Warning Notice”, “Client Categorization Policy”, “Investor Compensation Fund”, “Client Complaint Handling Procedure”, and “Privacy Policy” (collectively referred to as the “Agreement”), define the terms on which the Company will provide Services to the Client, the rights and obligations of both Parties, and include important information which we, as a licensed investment firm, are obliged to provide to our potential clients under applicable regulations. By requesting our services, you agree to the terms of all the aforementioned documents forming the Agreement, and this means that if you are accepted as our Client, you and we will be bound by these terms. For this reason, you are advised to read all the above-mentioned documents, as well as any other letters or notices sent by us, carefully and to ensure you understand and agree with them before entering into an agreement with us. You are also advised to review our “Website Terms and Conditions.”

1.4. This Agreement shall prevail over any other agreements, arrangements, express or implied statements made by the Company or any Representative(s).

1.5. The Agreement is binding upon and shall inure to the benefit of the parties and their permitted successors and assigns.

1.6. If you are a consumer (rather than a corporate Client) and we do not meet in person to conclude this Agreement, and instead our communication is carried out via the website, telephone, or written correspondence (including email), then the Law on Distance Marketing of Financial Services No. 242(I)/2004 shall apply, and we will send you the documents comprising the Agreement by email.

1.7. A physical signature of the Agreement is not required, but if you wish it to be signed, you may print it, sign two copies of the Agreement, and send them back to us. We will keep one copy for our records and return the other signed copy to you.

2. Interpretation of Terms

2.1. In this Agreement:

  • “Abusive Trading” includes any of the following actions, including but not limited to: placing “stop buy” or “stop sell” orders before the release of financial data, manipulation, combining fast and/or slower data channels, abuse of the trade cancellation feature available on the Platform, or using (without prior written consent of the Company) any software that applies artificial intelligence analysis to the Company’s systems and/or Platform(s) and/or Client account.
  • “Access Data” means the Client’s login and password required to access and use the Platform(s), as well as any other secret codes issued by the Company to the Client.
  • “Account Opening Application Form” means the form completed by the Client to apply for the Company’s Services under this Agreement and the Client Account, through which the Company obtains, among other things, information for Client identification, due diligence, categorization, and suitability or appropriateness assessments in accordance with Applicable Rules.
  • “Affiliate” with respect to the Company means any legal entity that directly or indirectly controls, is controlled by, or is under common control with the Company; and “control” means the power to direct or the basis for directing the affairs of the Company or organization.
  • “Agreement” means this Client Agreement together with Appendix 1 and any other annexes added to it, as well as the following documents: Client Categorization Policy, Investor Compensation Fund, Summary of Conflict of Interest Policy, Summary of Best Execution and Order Handling Policy, Risk Disclosure and Warning Notice, Client Complaint Procedure, and Privacy Policy, each as amended from time to time.
  • “Applicable Rules” means (a) the rules of CySEC or any other relevant regulatory authority having jurisdiction over the Company; (b) the rules of the relevant Market; (c) all other applicable laws, rules, and EU regulations.
  • “Ask” means the higher price in the Quote at which the Client can buy.
  • “Event of Default” is defined accordingly.
  • “Expert Advisor” means an automated trading system designed to manage trading activity on an electronic trading platform. It may be programmed to alert the Client to trading opportunities and can also trade on its own, handling all aspects of the trading process: from order placement to automatic stop-loss, trailing stop, and take-profit adjustments.
  • “Financial Instrument” means the Financial Instruments covered by the Company’s CIF license, which can be found in the “Company Information” document.
  • “Floating Profit/Loss” in CFD trading means the current profit/loss on open positions calculated based on current quotes (including any applicable commissions or fees).
  • “Free Margin” means the amount of funds available in the Client Account that can be used to open or maintain an Open Position. Free Margin is calculated as: Equity minus Required Margin.
  • “Hedged Margin” for CFD trading means the margin required by the Company to open and maintain matched positions.
  • “Initial Margin” for CFD trading means the margin required by the Company to open a position.
  • “Investment Services” means the Investment Services covered by the Company’s CIF license, as outlined in the “Company Information” document.
  • “Leverage” for CFD trading means the ratio of transaction size to initial margin. A ratio of 1:100 means that to open a position, the initial margin must be 100 times less than the transaction size.
  • “Long Position” in CFD trading means a buy position that increases in value when the underlying market prices rise (e.g., buying the base currency in a currency pair).
  • “Lot” means a unit measure of the Transaction amount specified for each underlying CFD asset.
  • “Lot Size” means the number of underlying assets in one CFD lot.
  • “Margin” means the required funds to open or maintain open positions in a CFD trade.
  • “Margin Call” means the situation where the Company notifies the Client to deposit additional Margin due to insufficient funds to maintain open positions.
  • “Margin Level” for CFD trading means the percentage ratio of Equity to Required Margin. It is calculated as: Margin Level = (Equity / Required Margin) × 100%.
  • “Margin Trading” means trading using leverage, allowing the Client to conduct Transactions with less capital than the full Transaction Size.
  • “Matching Positions” means long and short positions of the same transaction size opened for the same CFD on the Client Account.
  • “Required Margin” means the margin required by the Company to maintain open positions.
  • “Normal Market Size” means the maximum number of units of the underlying asset that the Company transmits for execution.
  • “Open Position” means any outstanding options contract (call and/or put) that has not been closed. In CFD trading, it refers to a long or short position that has not been liquidated.
  • “Order” means the Client’s instruction to trade CFDs.
  • “Order Level” means the price specified in the order.
  • “Parties” means the parties to this Client Agreement, i.e., the Company and the Client.
  • “Platform” means the electronic system operated and maintained by the Company, consisting of the trading platform, computer systems, software, databases, telecommunications equipment, programs, and technical facilities that enable the Client to trade Financial Instruments through the Client Account.
  • “Politically Exposed Person (PEP)” means:
    • (a) An individual who is or has been entrusted with prominent public functions in the Republic or another country, their immediate family members, or persons known to be close associates. “Prominent public functions” include heads of state, heads of government, ministers, deputy or assistant ministers; members of parliament or similar bodies; members of supreme courts or constitutional courts; members of audit courts or boards of central banks; ambassadors, envoys, and senior military officers; members of administrative, managerial, or supervisory bodies of state-owned enterprises; directors, deputy directors, and board members of international organizations; mayors.
    • (b) Immediate family members include spouses or persons equivalent to a spouse, children and their spouses or partners, and parents of such individuals.
    • (c) Close associates include any individuals known to have joint beneficial ownership of legal entities or other close business relationships with a PEP; or those with sole beneficial ownership of entities known to have been established for the benefit of a PEP.
  • “Professional Client” has the meaning ascribed under the CySEC Rules, as defined in the Client Categorization Policy.
  • “Quote” means information on the current price of a specific underlying asset in the form of Bid and Ask prices.
  • “Quoted Currency” means the second currency in a currency pair that the Client can buy or sell in exchange for the base currency.
  • “Quote Base” in CFD trading means the quotation stream information stored on the Server.
  • “Quote Stream” means the stream of quotes on the Platform for each CFD.
  • “Retail Client” means a Private Client under the CySEC Rules, as defined in the Client Categorization Policy.
  • “Services” means the services the Company will provide to the Client under this Agreement, as outlined in clause 6.1 of the Client Agreement.
  • “Short Position” in CFD trading means a sell position that gains in value as underlying market prices fall (e.g., selling the base currency for the quoted currency).
  • “Slippage” means the difference between the expected price of a CFD Transaction and the price at which the Transaction is actually executed. Slippage often occurs during periods of high volatility, such as news events, when orders cannot be filled at expected prices due to market gaps or insufficient liquidity.
  • “Spread” in CFD trading means the difference between the Ask and Bid prices of the underlying asset at a given moment.
  • “Swap or Rollover” in CFD trading means interest added or deducted for holding an open position overnight.
  • “Trailing Stop” in CFD trading means a stop-loss order set at a percentage level below the market price for long positions. The stop price adjusts as the price fluctuates.
  • “Transaction” means the Client’s trade in a CFD.
  • “Transaction Size” means the lot size multiplied by the number of lots.
  • “Underlying Asset” means the instrument or asset referenced in the CFD, such as currency pairs, metals, stock indices, forwards, commodities, or others as defined by the Company and available on its Website.
  • “Underlying Market” means the relevant market where the underlying CFD asset is traded.
  • “Website” means the Company’s website at https://aximora.org/ru/, as well as any other sites maintained by the Company.

2.2. Words in the singular shall include the plural and vice versa. Words implying the masculine shall include the feminine and vice versa. Words referring to persons shall include corporations, partnerships, unincorporated organizations, and other legal entities.

2.3. Paragraph headings are for convenience only.

2.4. Any reference to an act, statute, or law includes any amendments, re-enactments, supplements, consolidations, revivals, or replacements thereof, along with all regulations, directives, rules, or orders issued under them.

3. Application and Commencement

3.1. Once the Client completes and submits the Account Opening Application Form along with all necessary identification documents required by the Company for its internal checks, the Company shall notify the Client whether they have been accepted as a Client. It is implied that the Company is not obliged (and may not be able under Applicable Rules) to accept any person as a Client until all required documentation has been properly and fully completed and submitted, and all internal checks of the Company (including but not limited to anti-money laundering screening, suitability or appropriateness assessments depending on the circumstances) have been satisfactorily completed.

3.2. The Agreement enters into force and becomes effective upon the Client receiving a notification from the Company confirming their acceptance as a Client and that a Client Account has been opened for them. If the Client enters into the Agreement in person with the Company, then the Agreement becomes effective on the date it is signed.

4. Client Categorization

4.1. According to the Applicable Rules, the Company is required to categorize its Clients into one of the following categories: Retail Client, Professional Client, or Eligible Counterparty. The categorization will depend on the information provided by the Client in the Account Opening Application Form and in accordance with the categorization method outlined in the “Client Categorization Policy” document. By accepting this Agreement, the Client agrees to the application of such method. The Company shall inform the Client of their categorization in accordance with Applicable Rules. The Client has the right to request a different categorization. Retail client categorization offers greater protection. Retail Clients are entitled to receive more detailed information in accordance with the Applicable Rules. The Company may not enter into title transfer financial collateral arrangements with Retail Clients. Practices that might incentivize the Company’s personnel to recommend a specific financial instrument to a Retail Client are also prohibited, especially when another instrument may be more suitable for the Client’s needs. In the case of Professional Clients and Eligible Counterparties, the Company may agree to provide more limited information, as permitted by the Applicable Rules.

4.2. The Client acknowledges that the Company will rely on the accuracy, completeness, and correctness of the information provided in the Account Opening Application Form and is obliged to promptly inform the Company in writing if such information changes at any time thereafter.

4.3. It is implied that the Company has the right to review the Client’s Categorization and change it if deemed necessary (in accordance with Applicable Rules).

5. Suitability Assessment

5.1. When providing the service of receiving, transmitting, and executing client orders, the Company is required under Applicable Rules to obtain information from the Client or potential Client regarding their knowledge, objectives, and needs, including risk tolerance and investment experience relevant to the specific situation, the type of service or financial instrument offered or requested, and their financial situation with a focus on the ability to bear losses, in order to assess whether the service or financial instrument is suitable for the Client. If the Client or potential Client decides not to provide such information or provides insufficient information, the Company will be unable to determine whether the service or financial instrument is suitable. The Company assumes that the information provided by the Client regarding their knowledge and experience is accurate and complete, and shall not be held liable if such information is incomplete or misleading, or if it changes or becomes inaccurate and the Company is not informed of such changes.

6. Services

6.1. The Client is granted access credentials for trading financial instruments (namely CFDs) via the Company’s online electronic platform. Orders placed by the Client are accepted by the Company and transmitted for execution (via straight-through processing or STP) directly to a liquidity provider (who may further transmit them to another party), or are executed by the Company itself when it acts on its own account. Trading with the Company includes the provision of the following investment and ancillary services:

  • a) Reception, transmission, and execution of Orders with another party (not with the Company) or with the Company acting on its own account.
  • b) Safekeeping and administration of financial instruments, including custodianship and related services such as cash/collateral management as per clause 16 of this Agreement.
  • c) Foreign exchange services, provided they are connected to the investment services referred to in clause 6.1(a) and (b).

6.2. It is acknowledged and understood that the Company may offer Services in relation to a variety of Financial Instruments. However, the Client may be authorized to trade in only one or some of these instruments.

6.3. It is understood that in CFD trading, there is no physical delivery or holding of the underlying asset referenced by the CFD.

7. Advice and Commentary

7.1. The Company will not advise the Client on the merits of a particular Order or provide any investment advice, and the Client acknowledges that the Services do not include investment advice regarding Financial Instruments, Underlying Markets, or Assets. The Client alone decides how to manage their Client Account and place Orders based on their own judgment.

7.2. The Company is not obliged to provide the Client with any legal, tax, or other advice concerning any Transaction. The Client may seek independent advice before entering into any Transaction.

7.3. From time to time and at its discretion, the Company may provide the Client (or publish on its Website or distribute through newsletters) information, news, market commentary, or other material, but not as part of the Services. Where this occurs:

  • a) The Company bears no responsibility for such information.
  • b) The Company does not make any representations, warranties, or guarantees as to the accuracy, correctness, or completeness of such information or the legal or tax consequences of any related Transaction.
  • c) The information is provided solely to enable the Client to make their own investment decisions and does not constitute investment advice or unsolicited financial promotion.
  • d) If a document is intended for a specific individual or group, the Client agrees not to distribute it to any such person or group.
  • e) The Client acknowledges that the Company may have acted upon such information prior to distribution. The Company makes no representation regarding the timing of receipt by the Client and cannot guarantee simultaneous receipt by all Clients.

7.4. It is understood that market commentary, news, or other information provided by the Company may be subject to change or withdrawal at any time without prior notice.

8. Arbitrage Ban

8.1. Clients are prohibited from using any forms of arbitrage, including but not limited to price arbitrage, temporal arbitrage, or latency arbitrage. Any attempt to exploit quotation discrepancies or latency delays will be considered a breach of this Agreement and may result in the immediate closure of all open positions and/or account suspension.

8.2. If the Company determines that the Client’s profits resulted from arbitrage and the Client did not enter into a prior written agreement with the Company’s analytical department to conduct an arbitrage or scalping session, such profits shall be fully annulled. The decision to classify trading activity as arbitrage or scalping rests solely with the Company.

9. Multiple Accounts Ban

9.1. The Client is prohibited from opening and/or using more than one trading account under different names, including cases where such accounts are held by relatives, friends, or other third parties but are in fact controlled by the same individual. Such actions are considered a violation of this Agreement.

9.2. Upon identifying multiple accounts, the Company reserves the right to merge these accounts, cancel related trades, close positions, and/or restrict further access to the Platform without prior notice.

Liability for Non-Payment to Partners

Penalty Fees:
In case of payment delay, the debtor is obliged to pay a penalty of 1% of the outstanding amount for each day of delay.

Legal Actions:
In the event of prolonged non-payment, the creditor has the right to file a lawsuit against the debtor to recover the outstanding amount, including accrued interest for the delay.

Asset Seizure:
If the debtor is unable to repay the debt in cash, seizure of their movable and immovable property may be enforced to cover the debt.

Example of legally valid agreement wording:
In the event of non-fulfillment of financial obligations to partners, the debtor shall be liable for a payment delay penalty of 1% of the outstanding amount for each day of delay. The creditor has the right to initiate legal proceedings against the debtor to recover the debt, including accrued interest. If there are insufficient funds to repay the debt, the creditor may seek recourse to seize the debtor’s movable and immovable assets in accordance with applicable law.

Additional Provisions:
All accrued interest and penalties for delays are subject to full payment.
Seizure of assets is carried out in accordance with the laws in effect at the time of enforcement.
This agreement is governed by and interpreted in accordance with the laws of the applicable jurisdiction.

This agreement is designed to ensure the fulfillment of financial obligations and protect the interests of partners, providing a legal framework for debt collection and penalty enforcement.