UPTEX TERMS AND CONDITIONS

1. INTRODUCTION

1.1 Agreement Overview
These Terms and Conditions ("Agreement") set forth the binding legal relationship between Uptex ("the Company," "Uptex", "we," "us") and its clients ("you," "Clients", "your"). By using any of the services provided by Uptex, you agree to comply with the terms outlined in this document. The Services include, but are not limited to, trading on Forex (foreign exchange), CFDs (contracts for difference), commodities, cryptocurrencies, and other financial derivatives offered through Uptex's online platform. The terms are intended to govern all interactions between you and Uptex, including registration, trading, and withdrawal procedures, as well as compliance with legal regulations.

Example:

• If a client registers and begins trading on the platform, they are legally bound by these Terms. Failure to comply may result in account suspension or termination.

1.2 Acceptance of Terms
By accessing or using Uptex’s platform and services, you agree to the terms, conditions, and policies set out in this document. You affirm that you have read, understood, and accept these Terms. If you do not accept these Terms, you should cease use of the platform immediately.

1.3 Company’s Regulatory Compliance
Uptex is committed to complying with international and local financial regulations to ensure transparency, fairness, and safety in trading. The Company adheres to the regulations set forth by entities such as:

• MiFID II: Markets in Financial Instruments Directive II

• FCA: Financial Conduct Authority (UK)

• CySEC: Cyprus Securities and Exchange Commission (Cyprus)

• ESMA: European Securities and Markets Authority

• SEC: U.S. Securities and Exchange Commission

• FATF: Financial Action Task Force

• AML/KYC Regulations: Anti-money laundering (AML) and Know Your Customer (KYC) laws, preventing illicit financial activity.

Uptex operates in compliance with the International Business Companies Act of Saint Lucia and adheres to regulatory requirements stipulated by the Financial Services Regulatory Authority of Saint Lucia (FSRA) where applicable. Any regulatory changes affecting Uptex's services will be communicated to clients.

Example:

• Uptex will require all new clients to provide verification documents such as government-issued ID and proof of address, in compliance with KYC regulations.

1.4 Modifications and Updates
The Company may update these Terms periodically. Changes will be communicated through the platform or via email to clients, and clients must acknowledge receipt of updated terms. Any use of the platform following such updates will be deemed as acceptance of the modified terms.

Example:

• For instance, if Uptex introduces new fee structures or changes trading hours, clients will be notified, and their continued use of the platform will constitute acceptance of the new fees.

1.5 Languages of the Agreement
This Agreement may be provided in multiple languages for client convenience; however, the English version of this Agreement shall prevail in case of any discrepancy.

2. ACCOUNT REGISTRATION AND VERIFICATION

2.1 Account Opening and Documentation
To begin trading with Uptex, clients must complete the registration process on the platform by providing required personal and financial information. The following documents may be requested:

• A valid government-issued ID (Passport, National ID, or Driver’s License).

• Proof of address, such as recent utility bills or bank statements.

• A tax identification number, for tax compliance purposes.

• Source of funds and employment verification to meet AML obligations.

Before opening an account, clients must complete a suitability assessment to determine their trading experience, financial situation, and risk tolerance. Uptex may impose restrictions on trading access based on the results.

Example:

• If a client submits a passport and utility bill but not a tax ID number, Uptex may delay the registration process until all necessary documentation is provided.

2.2 KYC and AML Compliance
Uptex implements a strict Know Your Customer (KYC) and Anti-Money Laundering (AML) process. This includes:

• Verifying the identity of clients through government-issued IDs.

• Cross-checking clients against sanction lists and politically exposed persons (PEPs).

• Monitoring transactions to detect and report suspicious activity to authorities.

2.3 Account Maintenance and Updates
Clients are required to keep their account information accurate and up-to-date. If there are any changes, such as a new address or bank details, it is the client's responsibility to notify Uptex within a reasonable period.

Example:

• If a client moves to a new address, they must upload an updated proof of address to their account within 30 days. Failure to do so may result in account suspension until the verification is completed.

2.4 Right to Refuse or Terminate Service
Uptex reserves the right to refuse or suspend service to any client suspected of fraud, providing false information, or engaging in illegal activities. The Company may also terminate accounts that do not comply with the KYC/AML requirements.Uptex reserves the right to report any suspected fraudulent activity to law enforcement authorities or financial regulators without prior notice to the client.

Example:

• If Uptex detects that a client's trading patterns suggest market manipulation or fraud, their account may be frozen while an investigation is conducted.

2.5 Enhanced Due Diligence (EDD)
Clients deemed high-risk based on certain criteria, such as country of residence, financial history, or large, unusual transactions, may undergo Enhanced Due Diligence (EDD), where additional documentation and checks are required.

2.6 Enhanced Due Diligence (EDD) Policies

2.6.1 Uptex reserves the right to conduct Enhanced Due Diligence (EDD) on accounts flagged as high-risk. This may involve additional verification steps, ongoing transaction monitoring, and detailed reviews of fund sources.

2.6.2 Clients subject to EDD must provide supporting documentation, including but not limited to proof of source of funds, employment verification, and detailed transaction records.

2.6.3 In case of regulatory audits or suspected illegal activity, Uptex will fully cooperate with authorities and may suspend or terminate accounts without prior notice.

3. TRADING SERVICES

3.1 Instruments and Markets Offered
Uptex offers access to a wide array of trading instruments, including:

• Forex: Currency pairs such as EUR/USD, GBP/USD, and JPY/USD.

• CFDs: Contracts for differences on stocks, commodities, indices, and bonds.

• Cryptocurrencies: Digital currencies like Bitcoin, Ethereum, and Litecoin.

• Commodities: Physical assets such as gold, oil, and agricultural products.

• Indices: Broad market indices, including the S&P 500, NASDAQ, and FTSE 100.

Example:

• A client wishing to trade in gold can place orders via the CFD product offered by Uptex, allowing them to speculate on the price of gold without physically owning it.

3.2 Risk of Trading
Trading in leveraged products carries inherent risks. Clients may lose more than their initial investment. For example:

• A client who uses 50:1 leverage on a Forex position can potentially lose 50 times their investment if the market moves against them.

3.3 Leverage and Margin Requirements
Uptex offers leveraged trading on various instruments. Leverage allows clients to control larger positions with a smaller investment. For example, with 1:100 leverage, a client can control a $100,000 position with just a $1,000 margin.
Clients must maintain a minimum margin level to avoid liquidation of positions. If the margin falls below the required level, the system will automatically close the positions.

3.4 Order Execution Policy
Uptex guarantees best execution of client orders in line with its Order Execution Policy. This includes factors such as:

• Best available market price

• Liquidity and volume considerations

• The time of order placement
  Clients should understand that under extreme market conditions, such as during high volatility or news events, there may be slippage (the difference between the expected and actual execution price).

Example:

• If a client places an order to buy a currency pair at 1.2500, but the market moves rapidly, the actual execution price might be 1.2505, resulting in a slippage of 5 pips.

3.5 Prohibited Activities
Uptex strictly prohibits market manipulation or any illegal activities. Examples of prohibited actions include:

• Insider trading: Using non-public information to trade financial instruments.

• Pump and dump schemes: Artificially inflating the price of an asset to sell at a higher price.

Clients are prohibited from engaging in any of the following:

• High-Frequency Trading (HFT) abuses, including latency arbitrage.

• Cross-market manipulation, where orders are placed to create artificial price movements across multiple markets.

• Unauthorized trading strategies, such as using trading algorithms that violate Uptex’s risk management policies."*

4. DEPOSITS AND WITHDRAWALS

4.1 Deposit Methods
Uptex accepts deposits through various payment methods, including bank transfers, credit/debit cards, e-wallets (like Skrill and Neteller), and cryptocurrencies. Clients should use their own funds and are prohibited from using third-party payment methods to deposit funds.

Example:

• If a client deposits funds using their Visa card, and the card belongs to a third party (e.g., a friend), the deposit may be rejected and the account suspended until further investigation.

4.2 Withdrawal Policy
Withdrawals must be made to the same payment method used for the initial deposit. This ensures compliance with Anti-Money Laundering (AML) laws.
Uptex will process withdrawal requests promptly, but clients must allow time for external payment processors to complete the transaction.

All withdrawals must be processed to accounts in the client's name, matching the details provided during the account verification process. Withdrawals to third-party accounts are strictly prohibited.

Withdrawal processing times may vary due to AML/KYC checks. In cases where regulatory review is required, withdrawals may be delayed for up to 10 business days.

Example:

• If a client deposited funds via Bitcoin, the withdrawal must also be made to the client's Bitcoin wallet.

4.3 Transaction Limits and Fees
Uptex may impose limits on deposits and withdrawals. Transaction fees may apply depending on the method used. For example:

• A withdrawal fee for e-wallet transactions may be 1% of the total amount.

• Bank transfers may have a fixed fee of $25 per transaction.

4.4 Refund Processing Terms

4.4.1 All withdrawal requests must be processed to the same funding source originally used for the deposit. Refunds are only applicable if funds remain unused for trading.

4.4.2 Withdrawal requests under regulatory review may take up to 10 business days to process. Clients will be notified in case of additional documentation requirements.

4.4.3 Uptex reserves the right to reject refund requests that do not comply with AML/KYC guidelines.

5. MARGIN, LEVERAGE, AND LIQUIDATION

5.1 Leverage
The amount of leverage available to clients depends on regulatory restrictions and the instrument being traded. For example:

• Retail clients in the EU can access a leverage of up to 30:1 on major currency pairs due to ESMA regulations.

• Professional clients can access higher leverage based on their experience and knowledge.

Retail clients will be subject to leverage limits as per ESMA and FSRA guidance, such as:

• 30:1 for major Forex pairs

• 20:1 for non-major currency pairs and gold

• 5:1 for stocks and CFDs

Clients classified as Professional Traders may access higher leverage, subject to additional requirements.

5.2 Margin Requirements
Clients must ensure they maintain sufficient margin in their accounts to cover open positions. If the margin falls below the required level, margin calls will be issued, and positions may be automatically closed.

6. FEES AND CHARGES

6.1 Trading Costs and Charges
Clients engaging in trading services with Uptex may incur various charges, including but not limited to:

• Spread Costs: The spread is the difference between the buying price and selling price of a financial instrument. Uptex offers competitive spreads on all available instruments, which vary based on the instrument and market conditions.

  • Example: If a currency pair such as EUR/USD has a spread of 2 pips, and the client buys at 1.2500, the client’s position would need to rise to 1.2502 for the trade to break even, as the spread represents the cost of the transaction.

• Commission Fees: Depending on the account type and the instrument being traded, Uptex may charge a commission. This could be based on the size of the trade.

  • Example: A client trading a CFD on oil may incur a commission fee of 0.10% of the transaction amount.

• Swap Fees (Overnight Financing Costs): When a client holds a position overnight, the Company may charge a swap fee. This fee depends on the instrument being traded and is based on the interest rate differential between the two currencies involved in the trade or the carrying cost of the asset.

  • Example: Holding a long position on EUR/USD overnight may result in a swap fee based on the interest rate differential between the Eurozone and the U.S.

• Inactivity Fees: If a client does not place any trades for a specified period (e.g., 6 months), Uptex may charge an inactivity fee to cover account maintenance costs.

  • Example: An inactivity fee of $10 per month may be charged if the client’s account remains dormant for six months.

6.2 Third-Party Fees
In addition to fees imposed by Uptex, clients may be subject to fees imposed by third parties, such as payment processors, banks, or other financial intermediaries. These fees are not covered by Uptex and must be borne by the client.

• For example, bank wire transfers may incur fees from the client’s bank, which are not covered by Uptex.

6.3 Fee Structure Changes
Uptex reserves the right to modify or introduce new fees at its discretion. All changes will be communicated to clients in advance. Clients are advised to review the Fee Schedule regularly, which will be available on Uptex’s platform. Clients will be notified of any fee changes at least 30 days in advance.

• Example: If Uptex decides to introduce a new fee for deposits using credit cards, clients will be notified via email or platform alert.

6.4 Tax Responsibility
The responsibility for reporting and paying taxes on any profits or earnings derived from trading activities lies solely with the client. Clients should consult with tax professionals regarding their specific obligations, as tax laws differ across jurisdictions.

• Example: A client residing in the U.S. may be required to report capital gains from Forex trading as taxable income, subject to U.S. federal and state tax laws.

6.5 Dormant Account & Inactivity Fee Policy

6.5.1 Accounts with no trading activity for 12 consecutive months shall be considered dormant and may be subject to an inactivity fee of $10 per month to cover maintenance costs.

6.5.2 If an account remains inactive for 24 months, Uptex reserves the right to close the account and return funds to the client, minus applicable fees. If withdrawal is not possible, the funds will be held until claimed by the rightful owner.

6.5.3 Clients will receive at least 30 days’ prior notice before an inactivity fee is charged.

6.6 Negative Balance Protection

6.6.1 Retail clients cannot lose more than their deposited amount. If a negative balance occurs due to extreme market volatility, Uptex will reset the balance to zero.

6.6.2 Professional clients are not entitled to negative balance protection and assume full responsibility for margin losses beyond their deposit.

7. RISK DISCLOSURE

7.1 General Risk
Trading financial instruments, including Forex, CFDs, commodities, cryptocurrencies, and other derivatives, involves significant risks. The value of these instruments can fluctuate rapidly, leading to potential financial loss. Clients should only trade with funds they can afford to lose.

• Example: A client using high leverage on a volatile asset such as Bitcoin might experience a significant loss within a short period if the market moves against their position.

7.2 Leverage Risk
Using leverage amplifies both potential profits and losses. Clients should understand that while leverage offers the opportunity to increase profits, it also increases the risk of loss.

• Example: A client who uses 50:1 leverage on a $1,000 deposit can control a position worth $50,000. If the market moves against them by just 2%, the loss would exceed the client’s initial deposit, resulting in a margin call or forced liquidation.

Leverage can significantly magnify both profits and losses. Over 75% of retail traders lose money when trading leveraged products. Clients should ensure they fully understand the risks before trading.

7.3 Market Risk
The financial markets are influenced by numerous factors, including economic events, geopolitical developments, and changes in market sentiment. These factors can cause sudden price movements that may result in significant losses.

• Example: News of a political crisis in a major economy might cause a sharp depreciation in the currency of that country, affecting a client’s Forex position.

7.4 Liquidity Risk
In highly volatile markets or during off-hours, liquidity may be limited, leading to higher spreads and slippage. Slippage occurs when an order is executed at a price different from the intended price, especially in fast-moving markets.

• Example: A stop-loss order placed at 1.2500 for EUR/USD might be executed at 1.2495 during a period of extreme market volatility.

7.5 Counterparty Risk
While Uptex employs reputable clearing brokers, there is still the inherent risk that a counterparty may fail to fulfill its obligations. Clients should be aware that in such cases, they may not recover the full value of their trade.

7.6 Market Manipulation and Fraud
Clients must not engage in any practices that manipulate the markets, such as front-running, pump-and-dump schemes, or insider trading. Violations of market integrity rules will result in immediate account suspension and legal consequences.

• Example: If a client engages in high-frequency trading tactics designed to take advantage of latency arbitrage, their account may be flagged for investigation.

7.7 Use of Risk Management Tools
Clients are strongly encouraged to use risk management tools such as stop-loss orders, take-profit orders, and position size limits to manage risk effectively.

• Example: A stop-loss order on a position could help mitigate the risk of excessive losses if the market moves unfavorably.

7.8 Fiduciary Disclaimer

7.8.1 Uptex provides trading execution services only and does not act as a fiduciary, investment advisor, or financial planner.

7.8.2 Clients acknowledge that all trades are self-directed, and Uptex bears no responsibility for individual trading decisions, profit expectations, or financial outcomes.

7.8.3 Uptex does not guarantee profits, risk-free trading, or any assurance of financial success. Clients should seek independent financial advice before engaging in leveraged trading.

7.9 Extreme Market Conditions and Slippage

7.9.1 Leverage magnifies both profits and losses, and clients acknowledge that in certain extreme conditions, a market movement may result in liquidation of positions without prior notice.

7.9.2 Clients should implement stop-loss mechanisms to mitigate risks. However, Uptex does not guarantee execution at the exact stop-loss price due to slippage.

7.9.3 In highly volatile markets, execution prices may differ from expected prices due to liquidity constraints, spreads, or order processing delays.

8. ORDER EXECUTION POLICY

8.1 Order Types
Clients can place different types of orders depending on their trading preferences and risk management strategy. The main order types include:

• Market Orders: Orders executed at the best available price in the market at the time of order submission.

• Limit Orders: Orders placed to buy or sell an asset at a specific price or better.

• Stop-Loss Orders: Orders to sell a position once it reaches a certain price, used to limit losses.

• Take-Profit Orders: Orders to close a position at a certain profit level to lock in gains.

8.2 Slippage and Execution Risks
Orders may be subject to slippage, particularly in volatile markets, when the execution price is different from the quoted price at the time of placing the order.

• Example: If a client places an order to buy EUR/USD at 1.2500, and the price moves rapidly, the order may be executed at 1.2503, resulting in a slippage of 3 pips.

Under normal market conditions, stop-loss orders will be executed at the requested price. However, in extreme market volatility, execution may occur at the next available market price (slippage).

8.3 Order Rejection
Uptex reserves the right to reject any order that may be deemed to be placed in violation of trading rules or regulations. This includes orders that are deemed to be manipulative or designed to exploit the platform’s system for illegal gain.

• Example: An order designed to manipulate the market price by creating an artificial price move may be rejected or cancelled.

8.4 Market Conditions and Execution Delays
During periods of extreme market volatility, such as during economic news releases, orders may be delayed or experience gaps in price execution. Uptex makes reasonable efforts to execute trades promptly, but clients acknowledge the risk of execution delays during such times.

8.5 Best Execution Standards
Uptex ensures that all trades are executed in line with its best execution policy, which is designed to obtain the best possible result for clients, considering price, costs, speed, and other factors.

• Example: If the price of EUR/USD is moving in a volatile market, Uptex will ensure that client orders are executed at the best available price with the least delay.

8.6 Investor Classification & Suitability

8.6.1 Uptex classifies its clients into two categories: Retail Clients and Professional Clients.

8.6.2 Retail Clients: Retail clients are subject to the highest level of regulatory protections, including leverage restrictions, negative balance protection, and detailed risk disclosures. They may not qualify for higher leverage ratios as per ESMA and FSRA guidelines.

8.6.3 Professional Clients: Clients who meet specific financial knowledge, trading experience, and net asset requirements may apply for professional status. Professional clients waive certain regulatory protections, including leverage restrictions and negative balance protection, and are expected to have a higher risk tolerance.

8.6.4 Uptex reserves the right to request additional documentation to verify client classification and may reclassify clients based on their trading activity or financial circumstances.

9. DATA PROTECTION AND PRIVACY POLICY

9.1 Data Collection and Use
Uptex collects personal information from clients as part of the registration and trading process. This information may include:

• Personal identifiers such as name, address, email, phone number, and identification documents.

• Financial information such as bank account details, transaction history, and tax identification numbers.

9.2 Data Protection Compliance
Uptex is fully compliant with General Data Protection Regulation (GDPR) and other relevant data protection laws. Clients’ personal data will be processed securely and will only be used for purposes related to the provision of services, including verification, transactions, and communication.

Uptex processes personal data in compliance with the Data Protection Act of Saint Lucia (2011) and the General Data Protection Regulation (GDPR). Clients have the right to access, modify, or delete their personal data by submitting a request to Uptex’s Data Protection Officer.

9.3 Data Sharing and Third-Party Services
Uptex will not share clients’ personal data with third parties except in cases where such sharing is necessary to comply with legal obligations or to provide requested services, such as with payment processors or regulatory authorities.

• Example: If a client requests a withdrawal, Uptex may share their financial details with the relevant payment processor to facilitate the transaction.

9.4 Right to Access and Control Data
Clients have the right to access, modify, or delete their personal data in accordance with applicable laws. Requests to update or delete data should be directed to the Company’s Data Protection Officer.

10. GOVERNING LAW AND JURISDICTION

10.1 This Agreement is governed by and shall be construed in accordance with the laws of Saint Lucia.

10.2 The Parties shall first attempt to resolve any disputes or differences arising out of or in connection with this Agreement by means of direct negotiations. If negotiations fail, clients may pursue legal proceedings through the courts of Saint Lucia, which shall have exclusive jurisdiction over any suit, action, or other proceedings related to this Agreement.

10.3 Clients acknowledge that Uptex operates in a global environment and, while regulated under the laws of Saint Lucia, certain services may be subject to international regulatory frameworks.

10.3.1 Clients engaging in cross-border transactions accept that regulatory requirements, investor protections, and dispute resolution mechanisms may vary based on applicable laws in their country of residence. 10.3.2 If a conflict arises between Saint Lucia law and international financial regulations, the provisions of this Agreement shall be interpreted to comply with applicable regulatory obligations, including but not limited to FATF (Financial Action Task Force), MiFID II, and anti-money laundering (AML) directives.

10.4 Nothing in this Agreement shall prevent Uptex from initiating legal proceedings in another jurisdiction if deemed necessary for enforcement purposes.

11. CONFLICT OF INTEREST DISCLOSURE

11.1 Uptex may, from time to time, be involved in transactions or activities that may conflict with the interests of its clients. These conflicts may arise when the Company engages in trading activities in the same instruments or markets as its clients.

11.2 In such cases, Uptex will make reasonable efforts to ensure that the interests of its clients are prioritized. Uptex may trade as a counterparty to certain client transactions, potentially creating a conflict of interest. To mitigate risks, Uptex maintains an internal conflict-of-interest policy ensuring fair treatment of all clients. The Company shall implement policies to avoid or manage any conflicts of interest, ensuring fair and transparent execution of trades.

11.3 Clients are entitled to request further information on Uptex’s conflict of interest policy at any time.

11.4 Conflicts of Interest

11.4.1 Uptex may, from time to time, act as a counterparty in trades executed on its platform. Clients acknowledge that Uptex may earn fees, spreads, or commissions from such transactions, which could create a conflict of interest.

11.4.2 Uptex commits to ensuring fair execution practices and transparent pricing mechanisms, aligning with international best practices for trade execution.

11.5 Trading Strategy Restrictions & Abuse Prevention

11.5.1 Clients are strictly prohibited from engaging in the following trading activities: Scalping (placing and closing trades within seconds for unfair price advantages) Latency Arbitrage (exploiting server delays to gain risk-free profits) High-Frequency Trading (HFT) abuses Market Manipulation, including price distortion and wash trading 11.5.2 Uptex reserves the right to void any transactions or suspend accounts found engaging in abusive trading strategies.

12. TRADING RESTRICTIONS AND LIMITATIONS

12.1 Uptex reserves the right to impose certain restrictions on trading activities. Clients are prohibited from engaging in practices such as scalping, latency arbitrage, or other trading strategies deemed to be abusive, disruptive, or manipulative.

12.2 The Company may monitor trading behavior and take action, including suspending or terminating accounts, if such practices are detected. Automated trading using external robots or scripts is strictly prohibited, unless explicitly authorized by Uptex.

12.3 The Company may also limit the number of open positions or leverage available to clients, based on market conditions or regulatory requirements.

12.4 Intellectual Property & Platform Use

12.4.1 All intellectual property rights, including but not limited to trading software, algorithms, website content, trademarks, and proprietary trading technology, remain the exclusive property of Uptex.

12.4.2 Clients are strictly prohibited from copying, reverse-engineering, distributing, or reselling any part of Uptex’s trading platform or technology without prior written consent.

12.4.3 Unauthorized use of Uptex’s intellectual property may result in legal action, account termination, and potential damages claims.

13. CLIENT RIGHTS AND OBLIGATIONS

13.1 Clients have the right to access the Company’s trading platform, provided they comply with the obligations set forth in these Terms and Conditions.

13.2 The Client is responsible for ensuring that their account details, such as personal and financial information, are kept up-to-date and accurate.

13.3 Clients must monitor their margin levels regularly and take appropriate actions to avoid margin calls or forced liquidation.

13.4 Clients agree to comply with all applicable laws and regulations in their jurisdiction while using Uptex’s services.

14. TAX RESPONSIBILITIES

14.1 Clients are solely responsible for complying with applicable tax laws in their respective jurisdictions. This includes reporting and paying capital gains tax, income tax, or any other applicable trading-related taxes.

14.2 Uptex may be required to report financial transactions under international tax regulations, including the Foreign Account Tax Compliance Act (FATCA) and the Common Reporting Standard (CRS).

14.3 If required by regulatory authorities, Uptex reserves the right to withhold taxes from withdrawals or trading profits where applicable.

14.4 Uptex does not provide tax advisory services. Clients are strongly encouraged to consult with professional tax advisors regarding their obligations.

14.5 Interest on Client Funds

14.5.1 Uptex does not pay interest on client deposits, balances, or funds held in trading accounts.

14.5.2 Client funds are maintained in segregated accounts, separate from Uptex’s operational funds.

15. ADDITIONAL RISKS AND MARKET CONDITIONS

15.1 Clients acknowledge that all trading involves inherent risks, including potential losses beyond their initial deposit.

15.2 Specific risks include, but are not limited to, volatility in forex markets, liquidity risks, and the impact of external events such as economic reports or geopolitical factors.

15.3 The Company does not guarantee the performance of any trade, and clients are advised to use risk management tools such as stop-loss orders to manage their exposure.

16. PRIVACY POLICY AND DATA PROCESSING

16.1 Uptex is committed to protecting client privacy and complies with data protection laws, including the GDPR (General Data Protection Regulation).

16.2 Clients agree to the collection, processing, and storage of personal data necessary for the provision of services, as outlined in the Privacy Policy.

16.3 The Company will not share client data with third parties except where required by law or regulation, or for processing by payment providers and regulators.

17. CHANGE OF TERMS AND NOTIFICATIONS

17.1 Uptex reserves the right to modify these Terms and Conditions at any time. Any changes will be communicated to clients through electronic communication, email, or a notification on the Company’s website.

17.2 The updated Terms and Conditions will become effective immediately unless stated otherwise. Clients must confirm their acceptance of material changes to these Terms before continuing to use Uptex services. If a client disagrees with a change, they may close their account without penalty. Clients are advised to regularly review the Terms and Conditions.

17.3 Investor Compensation Fund (ICF) Participation

17.3.1 Uptex does not participate in any investor compensation fund.

17.3.2 Clients acknowledge that funds deposited with Uptex are not covered by a statutory compensation scheme, and they accept the inherent risks associated with leveraged trading.

18. FORCE MAJEURE & SYSTEM DOWNTIME

18.1 Uptex shall not be held liable for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure results from events beyond the Company’s reasonable control. Such events include, but are not limited to, natural disasters, war, terrorism, regulatory restrictions, cyberattacks, technical failures, system malfunctions, extreme market volatility, or any other events that may disrupt normal business operations.

18.2 In the event of a force majeure situation, Uptex will make reasonable efforts to inform clients and resume operations as soon as possible. The Company reserves the right to suspend trading, restrict access to its platform, adjust leverage and margin requirements, or take any necessary actions to ensure the integrity and security of its trading environment.

18.3 System Downtime & Cybersecurity Risks

18.3.1 Uptex shall not be liable for losses resulting from server downtime, hacking incidents, or external cyberattacks on its trading platform. Clients acknowledge the risks associated with online trading and agree that Uptex shall not be held responsible for technological failures beyond its control.

18.3.2 In the event of an unforeseen system failure, Uptex will take reasonable measures to restore services as soon as possible. Clients are advised to use alternative communication methods, such as contacting customer support via phone, during system outages.

18.3.3 Force Majeure events, including but not limited to natural disasters, cyberattacks, government restrictions, or global financial crises, may impact Uptex’s ability to provide services. In such cases, Uptex reserves the right to suspend or modify trading conditions without prior notice.

18.4 In addition to the events listed above, force majeure shall also include: Liquidity provider or counterparty failure that impacts trade execution, Market disruptions, price feed errors, or system malfunctions that are beyond Uptex’s control and Regulatory changes, sanctions, or legal restrictions that affect Uptex’s ability to provide its services.

18.5 If a force majeure event occurs, Uptex reserves the right to take immediate measures, including but not limited to suspending trading, modifying order execution policies, or implementing risk mitigation strategies to protect client interests and market stability.

19. COMPLIANCE WITH SANCTIONS AND ANTI-MONEY LAUNDERING LAWS

19.1 Uptex is committed to ensuring compliance with all relevant Anti-Money Laundering (AML) and Know Your Customer (KYC) laws and regulations.

19.2 Clients may be subject to AML checks, and any suspicious activities will be reported to the appropriate regulatory authorities.

19.3 The Company will not engage in transactions or services that violate international sanctions and reserves the right to freeze accounts or reject transactions from individuals or entities subject to sanctions.

19.4 Regulatory Reporting Obligations

19.4.1 Uptex complies with all applicable Anti-Money Laundering (AML), Counter-Terrorist Financing (CTF), and Know Your Customer (KYC) regulations, as set forth by the Financial Services Regulatory Authority (FSRA) of Saint Lucia, the Financial Action Task Force (FATF), and other relevant international bodies.

19.4.2 Uptex reserves the right to report any suspicious activity to relevant financial regulators, government agencies, or law enforcement bodies without prior notice to the client. Transactions flagged as high-risk may be subject to additional scrutiny, including delayed processing times.

19.4.3 Clients acknowledge that Uptex may require additional documentation, such as proof of source of funds or enhanced due diligence (EDD) for large transactions. Failure to comply may result in account suspension or termination.

19.4.4 Uptex shall retain records of all transactions, client identification data, and financial activities for a minimum period of five (5) years, as required under Saint Lucia’s AML regulations and FATF guidelines.

19.4.5 In compliance with the Foreign Account Tax Compliance Act (FATCA) and Common Reporting Standard (CRS), Uptex may be required to disclose financial information about clients to tax authorities in their respective jurisdictions.

20. Termination of Services

20.1 Uptex reserves the right to terminate or suspend a client's account at its sole discretion, with or without notice, for reasons including but not limited to: Violation of any terms and conditions outlined in this agreement. Engagement in fraudulent, illegal, or suspicious activities. Failure to comply with AML/KYC requirements. Any actions deemed detrimental to Uptex’s reputation, platform integrity, or regulatory obligations.

20.2 Clients may request account termination by submitting a formal request to Uptex’s customer support. Account closure requests will be processed after settlement of any outstanding obligations, including fees, open trades, or compliance checks.

20.3 In the event of account termination, Uptex will return any remaining funds to the client, subject to deduction of applicable fees, pending compliance reviews, and regulatory obligations.

21. Limitation of Liability

21.1 Uptex shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of its platform, including but not limited to trading losses, system failures, or third-party actions.

21.2 Under no circumstances shall Uptex’s total liability exceed the amount deposited by the client within the last six (6) months prior to the claim.

22. Indemnification

Clients agree to indemnify and hold harmless Uptex, its officers, employees, and affiliates from any claims, losses, liabilities, damages, or legal expenses arising from the client’s violation of these Terms & Conditions, misuse of the platform, or breach of regulatory requirements.

23. No Warranty

23.1 Uptex provides its services on an "as is" and "as available" basis. While Uptex strives for accuracy, it does not guarantee the completeness, reliability, or timeliness of market data, order execution, or platform availability.

23.2 Trading involves inherent risks, and clients acknowledge that Uptex does not warrant uninterrupted access to its services.

24. Trading Halts & Market Disruptions

24.1 Uptex reserves the right to temporarily suspend or halt trading on certain instruments due to extreme market volatility, technical failures, regulatory interventions, or unforeseen economic events.

24.2 Clients acknowledge that during such events, order execution, withdrawals, or trading conditions may be delayed or modified.

25. MISCELLANEOUS

25.1 Entire Agreement

This Agreement, including any referenced policies, constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, or representations, whether written or oral.

25.2 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that closely reflects the original intent of the parties.

25.3 Waiver

The failure of Uptex to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged in writing.

25.4 Assignment

Clients may not assign or transfer any rights or obligations under this Agreement without prior written consent from Uptex. Uptex reserves the right to assign its rights and obligations under this Agreement to a third party without client consent, provided it does not materially impact client rights.

26. COMPLAINTS HANDLING PROCESS

26.1 Definition of a Complaint

A complaint is defined as an expression of dissatisfaction by a client regarding the provision of investment and/or trading services by Uptex. Complaints may arise from issues related to account management, order execution, deposits/withdrawals, system functionality, or any other relevant service.

26.2 Submission of a Complaint

A complaint must include the following details:

• Client’s full name

• Registered email address and trading account number

• Transaction numbers affected (if applicable)

• Date and time the issue occurred

• A clear and concise description of the issue

Clients must submit complaints in writing via email to: [email protected].

Complaints must not contain: Offensive, abusive, or defamatory language directed at Uptex or its employees.

26.3 Complaint Handling Process

Step 1: Initial Review by Customer Support

• Uptex’s Customer Support Department will acknowledge receipt of the complaint within five (5) business days.

• The complaint will be assessed based on the client's trading history, platform logs, and applicable policies.

• If the issue is resolved, the client will receive a final response via email.

Step 2: Escalation to Compliance Department (If Necessary)

• If the client is not satisfied with the resolution, they may request escalation to the Compliance Department.

• The Compliance Department will conduct an independent, impartial review of the complaint.

• A decision will be provided within 30 business days, in line with industry best practices.

Step 3: External Dispute Resolution

• If the client is still dissatisfied, they may pursue legal proceedings in accordance with Clause 10.0 – Governing Law & Jurisdiction.

• Uptex reserves the right to initiate proceedings in any jurisdiction if required for enforcement.

26.4 Confidentiality & Compliance

• All complaints shall be handled and resolved by Uptex in a fair and transparent manner.

• Uptex shall treat all complaints confidentially and ensure proper resolution in compliance with international financial regulations.

• Complaint records will be maintained for at least five (5) years in accordance with regulatory requirements.

Disclaimer:

The information provided in this document is for general informational purposes only and does not constitute financial, legal, or investment advice. Uptex does not provide personalized investment recommendations, nor does it act as a financial advisor or fiduciary. While Uptex strives to ensure the accuracy and reliability of the information presented, it does not guarantee the completeness or timeliness of general content provided herein. This does not extend to real-time trading data, order execution, or regulatory disclosures.

Trading leveraged products such as Forex, CFDs, and cryptocurrencies carries a high level of risk, including potential loss of invested capital, and may not be suitable for all investors. Clients should carefully assess their financial situation, risk tolerance, and investment objectives before engaging in trading activities. Uptex disclaims any liability for financial losses resulting from reliance on this document. Clients are strongly encouraged to seek independent professional advice before making any investment decisions.