TERMS AND CONDITION

This Terms of Use Agreement (this “Agreement”) is a legal agreement between you (“you” or “your”) and Sarmaye Gozar Bartar Investment(“SGB”) governing your use of (i) services developed, operated, or maintained by SGB, or accessible via www.SGBtrading.com or any other web site or IP address designated by SGB (the “Site”), (ii) the Content (as defined below) contained therein, (iii) any mobile applications offered by SGB, and (iv) any offline components provided by SGB for use in connection therewith (collectively, the “Service”)

By using the service, or downloading, installing, activating, or using any content available through the site, you agree to comply with and be beyond by, the terms of this agreement in their entirety without limitation or qualification and all applicable laws and regulations. Please read these GTC carefully. You are under no obligation to use the Services if you do not agree or understand any portion of these Terms, nor should you use the Services unless you understand and agree to these Terms

INTRODUCTORY PROVISIONS

The Services consist of the provision of tools for simulated foreign exchange trading on the FOREX market or simulated trading with other instruments on other financial markets, provision of analytical tools, training and educational materials, the access to the Client Section, and other ancillary services, in particular through the Client Section or by the provision of access to applications provided by the Provider or third parties. Financial market information is used in the simulated trading; however, you acknowledge that any trading that you perform through the Services is not real. You also acknowledge that the funds provided to you for demo trading are fictitious and that you have no right to possess those fictitious funds beyond the scope of their use within the Services, and in particular that they may not be used for any actual trading and that you are not entitled to the payment of those funds. Unless expressly agreed otherwise, you will not be paid any remuneration or profits based on the results of your simulated trading, nor will you be required to pay any losses

NONE OF THE SERVICES PROVIDED TO YOU BY THE PROVIDER CAN BE CONSIDERED INVESTMENT SERVICES IN ACCORDANCE WITH APPLICABLE LAWS. THE PROVIDER DOES NOT GIVE OR PROVIDE TO YOU ANY GUIDANCE, INSTRUCTIONS, OR INFORMATION ABOUT HOW OR IN WHICH MANNER YOU SHOULD PERFORM TRANSACTIONS WHEN USING THE SERVICES OR OTHERWISE, OR ANY OTHER SIMILAR INFORMATION ABOUT THE INVESTMENT TOOLS TRADED, NOR DOES THE PROVIDER ACCEPT ANY SUCH GUIDANCE, INSTRUCTIONS, OR INFORMATION FROM YOU. NONE OF THE SERVICES CONSTITUTE INVESTMENT ADVICE OR RECOMMENDATIONS. NO EMPLOYEES, STAFF, OR REPRESENTATIVES OF THE PROVIDER ARE AUTHORIZED TO PROVIDE INVESTMENT ADVICE OR RECOMMENDATIONS. SHOULD ANY INFORMATION OR STATEMENT OF ANY EMPLOYEE, STAFF, OR REPRESENTATIVES OF THE PROVIDER BE INTERPRETED AS INVESTMENT ADVICE OR RECOMMENDATIONS, THE PROVIDER EXPLICITLY DISCLAIMS THAT THE SAME IS INVESTMENT ADVICE OR RECOMMENDATIONS AND SHALL NOT BE RESPONSIBLE FOR THEM

Restrictions on License Grant

Your use of the Service is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Service other than as provided herein. You acknowledge that the Service constitutes valuable trade secrets and/or the confidential information of SGB or its licensors. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties:

You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Service or any information, documents, software, products and services contained or made available to you in the course of using the Service (the “Content”) or use the Service to run or as part of a service bureau, outsourced, or managed services arrangement

You shall not republish, upload, post, transmit or distribute the Service or the Content in any way

You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Service or the Content

You shall not knowingly or negligently permit other individuals or entities to use or copy the Service, or create Internet “links” to the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device

You shall not access the Service to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service, (iii) copy any ideas, features, functions or graphics of the Service, (iv) monitor its availability, performance or functionality, or (iiv) for any other benchmarking or competitive purposes

You shall not access the Service if you sell or provide any service, software, or product that may compete with SGB’ services, software, or products (a “Competitor”)

You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of SGB or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access

You shall not attempt to probe, scan or test the vulnerability of a system, account or network of SGB or any of its customers or suppliers, any SGB product or service, or those of any other party

You shall not interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, the software

You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to SGB or the Service, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity

You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information

You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any SGB (or SGB supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any SGB (or SGB supplier) facilities used to deliver the Service;

You shall not create or use any program, tags, markers, bots, mousetraps, highjackers or other similar computer routines or sub-routines to automatically access or manipulate the Service; and

You shall not knowingly use the Service to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; or (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights.

Because of the difficulty associated with quantifying damages, in addition to any other damages to which SGB may be entitled, if actual damages cannot be reasonably calculated then you agree to pay SGB liquidated damages of $250 for each violation of this Section 2 or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay SGB’ actual damages, to the extent such actual damages can be reasonably calculated.

SERVICES AND THEIR ORDER

You can order the Services through the Website by completing the appropriate registration or order form. After registration, we will e-mail you the login details for the Client Section and/or Trading Platform and allow you to access them.

All data that you provide to us through the registration or order form, the Client Section, or otherwise must be complete, true, and up to date. You must immediately notify us of any change in your data or update the data in your Client Section. The Customer is responsible for all the provided data being accurate and up to date; the Provider is not obligated to verify the data.

You acknowledge that if you provide an identification number, tax registration number or other similar information in the registration or order form or in the Client Section, or if you state that you are a legal entity, you will be considered as an entrepreneur (trader) for the purposes of these GTC and when using the Services, and the provisions of these GTC or the applicable law that grant rights to consumers will not apply to you.

The fee for the SGB Challenge varies according to the option selected and depends on the amount of the initial capital, the degree of the acceptable risk, the parameters that must be fulfilled so that the conditions of the SGB Challenge and the subsequent Verification are met, and possibly other configurations. More detailed information on individual options and fees for those options are provided on our website here. The final fee will be determined based on the option you select when completing the form for ordering the SGB Challenge. The Provider reserves the right to also provide the Services under individually agreed conditions. All individually agreed conditions shall be determined by the Provider at its own discretion. Individual discounts and other benefits may not be combined, unless expressly stipulated otherwise by the Provider.

The fee is paid for allowing you to access the SGB Challenge, or the Services provided under the SGB Challenge. The Customer is not entitled to a refund of the fee, for example, if the Customer cancels the Customer’s Client Section or requests the cancellation by e-mail, if the Customer terminates the use of the Services prematurely (for example, fails to complete the SGB Challenge or the Verification), fails to meet the conditions of the SGB Challenge or the Verification, or violates these GTC.

If the Customer lodges an unjustifiable complaint regarding the paid fee or disputes the paid fee with the Customer’s bank or payment service provider (e.g. through chargeback services, dispute services, or other similar services), on the basis of which an annulment, cancellation or refund of the fee or any part thereof is requested, the Provider is entitled, at its own discretion, to stop providing to the Customer any services and refuse any future provision of any services.

Your choice of the option of the SGB Challenge that you select when making an order shall also apply to the subsequent Verification. You will start the subsequent Verification and, possibly, other products related thereto, with the parameters and the same currency that correspond to the option of the SGB Challenge selected by you. Once you make a selection, it is not possible to change it.

the Provider reserves the right to unilaterally change the fees and parameters of the Services at any time, including the parameters for their successful completion. The change does not affect the Services purchased before the change is notified.

Any data entered in the order form can be checked, corrected, and amended until the binding order of the Services. The order of the Services of your choice is made by submitting the order form. In the case of the SGB Challenge, the order is completed upon the payment of the fee for the selected option (more on this in clause 3), whereby the contract between you and the Provider is executed, the subject of which is the provision of the SGB Challenge and, if the conditions of the SGB Challenge are met, the Verification. The contract is concluded in English. We archive the contract in electronic form and do not allow access to it.

You acknowledge that the operators of trading platforms are persons or entities different from the Provider and that their own terms and conditions and privacy policies will apply when you use their services and products. Before sending an order form, you are obligated to read those terms and conditions and privacy policies.

If the Customer places an unusually large number of orders for the Services within an unreasonably short period of time, the Provider may notify the Customer through the Client Section as a protective precaution to mitigate potentially harmful behavior of the Customer. If such unreasonable behavior continuous after such notice, we reserve the right to suspend any further orders of the Services by the Customer. If we identify that the unusual behavior as per this paragraph relates to the Customer’s involvement in Forbidden Trading Practices, we may take respective actions as perceived in Section 5 of this GTC. The Provider reserves the right to determine, at its own discretion, the nature of the behavior described above and reasonable boundaries for such determination.

Your Obligations

You shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You are also solely and exclusively responsible for providing and maintaining all computer hardware, telephone and other equipment necessary to operate the licensed Service and the internet service required to access the Service over the Internet. SGB shall have no responsibility for the procurement, operation or compatibility of your hardware or capabilities of your internet service provider.

Eligibility

You represent and warrant that you are at least 18 years of age. In jurisdictions, territories and locations where the minimum age for permissible use of the Sites or Services is greater than 18 years of age, you represent and warrant that you meet the age requirement for the minimum age for permissible use of the Sites or Services. If you are under the minimum age for permissible use of the Sites or Services in your jurisdiction, territory or location, you may not utilize the Sites or Services. You acknowledge that your access to and use of the Services may be restricted or prohibited by law in some countries, and you undertake to only access and use the Services in accordance with applicable laws.

You represent and warrant that you (i) have not a criminal record related to financial crime or terrorism, (ii) have not been convicted of a felony, disciplined by the National Futures Association or disciplined by any Trading Commission, (iii) do not have an outstanding balance with a trading firm. The Provider reserves the right to refuse, restrict or terminate the provision of any Services to Customer as per this Clause 1.2. and such Customer is prohibited to use the Services, which also includes the use of the Client Section and/or Trading Platform.

You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you. The right to access the Sites or Services is revoked where these Terms or use of the Sites or Services are prohibited or to the extent offering, sale or provision of the Sites or Services conflicts with any applicable law, rule or regulation. The Sites or Services are offered only for your use, and not for the use or benefit of any third party.

Account Access

Where use of the Service is contingent on accessing an “account” and/or inserting a “user-identification” and/or “password”, you agree that you will be solely responsible for the user-ids and passwords that are provided to you (as such passwords may be changed from time to time in accordance with features of the Service) to log-in to the password protected Service. If non-authorized individuals have access to your systems or to your users’ user-id and password, they may be able to use the Service. You and your users shall keep any correspondence you receive relating to or through the use of the Service (including, but not limited to, your user-id, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. You will be responsible and liable for all communications and actions that take place through the use of your user-ids, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent. You shall: (i) notify SGB immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to SGB immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; (iii) notify SGB when you no longer require access to the Service; and (v) keep all of your profile information current.

PAYMENT TERMS

Service charges are inclusive of all taxes. If the Customer is an entrepreneur (trader), he is obliged to fulfil all his tax obligations in connection with the use of our Services in accordance with applicable law, and in the event of an obligation, he is obliged to pay tax or other fees properly.

You can pay the fee for the selected option of the SGB Challenge by a payment card, via a bank transfer, or using other means of payment that the Provider currently offers on the Website.

In the event of payment by a payment card or via any other express payment method, the payment shall be made immediately. If you select a bank transfer for payment, we will subsequently send you a proforma invoice in electronic form with the amount of the fee for the option of the SGB Challenge you have chosen on the Website. You undertake to pay the amount within the period specified in the proforma invoice. The fee is considered paid when its full amount is credited to the Provider’s account. If you do not pay the amount on time, the Provider is entitled to cancel your order. Customer bears all fees charged to Customer by the selected payment service provider (according to the valid pricelist of the payment service provider) in connection with the transaction and the Customer is obliged to ensure that the respective fee for the selected SGB Challenge is paid in full.

Publication and Distribution of Content

SGB cannot and does not guarantee the accuracy, integrity, quality, or appropriateness of any Content transmitted to or through the Site and Service.

You acknowledge that SGB acts only as a passive conduit and an interactive computer service provider for the publication and distribution of user-generated content. You acknowledge that all Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that SGB does not control and is not responsible for Content made available through the Site and Service, and that by using the Site and Service, you may be exposed to Content that is inaccurate, misleading, or offensive.

You acknowledge and agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content. You further acknowledge that SGB has no obligation to screen, preview, monitor or approve any user-generated Content on the Sites and Services. However, SGB reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates the terms of this Agreement.

By using the Site and Service, you agree that it is solely your responsibility to evaluate the risk associated with the use, accuracy, usefulness, completeness, or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Site and Service. Under no circumstances will SGB be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed through the Site or Service.

You waive the right to bring or assert any claim against SGB relating to Content, and release SGB from any and all liability for or relating to any Content. If you encounter Content that you believe violates the terms of this Agreement or is otherwise unlawful, you may send an email to [email protected].

RULES OF demo TRADING

During the demo trading on the Trading Platform, you may perform any transactions, unless these constitute forbidden trading strategies or practices within the meaning of clause 9.4. You also agree to follow good market standard rules and practices for trading on financial markets (e.g., risk management rules). Restrictions may also be imposed by the trading conditions of the Trading Platform that you have selected for trading.

You acknowledge that the Provider has access to information about the demo trades that you perform on the Trading Platform. You grant the Provider your consent to share this information with persons/entities who are in a group with the Provider or who are otherwise affiliated with the Provider, and you grant the Provider and these persons/entities your consent and authorization to handle this information at their own will. You agree that these activities may be performed automatically without any further consent, consultation, or approval on your part being necessary, and that you are not entitled to any remuneration or revenue associated with the use of the data by the Provider. The Provider is aware that you do not provide the Provider with any investment advice or recommendations through your demo trading. You acknowledge that you may suspend your demo trading on the Trading Platform at any time.

The provider bears no responsibility for the information displayed on the Trading Platform, nor for any interruption of, or delay or inaccuracy in the market information displayed through your Client Section.

FORBIDDEN TRADING PRACTICES.

DURING THE DEMO TRADING, IT IS PROHIBITED TO:

KNOWINGLY OR UNKNOWINGLY USE TRADING STRATEGIES THAT EXPLOIT ERRORS IN THE SERVICES SUCH AS ERRORS IN DISPLAY OF PRICES OR DELAY IN THEIR UPDATE.

PERFORM TRADES USING AN EXTERNAL OR SLOW DATA FEED.

PERFORM, ALONE OR IN CONCERT WITH ANY OTHER PERSONS, INCLUDING BETWEEN CONNECTED ACCOUNTS, OR ACCOUNTS HELD WITH DIFFERENT SGB ENTITIES, TRADES OR COMBINATIONS OF TRADES THE PURPOSE OF WHICH IS TO MANIPULATE TRADING, FOR EXAMPLE BY SIMULTANEOUSLY ENTERING INTO OPPOSITE POSITIONS.

PERFORM TRADES IN CONTRADICTION WITH THE TERMS AND CONDITIONS OF THE PROVIDER AND THE TRADING PLATFORM.

USE ANY SOFTWARE, ARTIFICIAL INTELLIGENCE, ULTRA-HIGH SPEED, OR MASS DATA ENTRY WHICH MIGHT MANIPULATE, ABUSE, OR GIVE YOU AN UNFAIR ADVANTAGE WHEN USING OUR SYSTEMS OR SERVICES.

PERFORM GAP TRADING BY OPENING TRADE(S):

WHEN MAJOR GLOBAL NEWS, MACROECONOMIC EVENT OR CORPORATE REPORTS OR EARNINGS (“EVENTS”), THAT MIGHT AFFECT THE RELEVANT FINANCIAL MARKET (I.E. MARKET THAT ALLOWS TRADING OF FINANCIAL INSTRUMENTS THAT MIGHT BE AFFECTED BY THE EVENTS), ARE SCHEDULED; AND

2 MINUTES OR LESS BEFORE A RELEVANT FINANCIAL MARKET IS CLOSED FOR 2 MINUTES OR LONGER.

PERFORM TRADES IN CONTRADICTION WITH HOW TRADING IS ACTUALLY PERFORMED IN THE FOREX MARKET OR IN ANY OTHER FINANCIAL MARKET, OR IN A WAY THAT ESTABLISHES JUSTIFIED CONCERNS THAT THE PROVIDER MIGHT SUFFER FINANCIAL OR OTHER HARM AS A RESULT OF THE CUSTOMER’S ACTIVITIES (E.G. OVERLEVERAGING, OVEREXPOSURE, ONE-SIDED BETS, ACCOUNT ROLLING).

As our customer, you should understand and agree that all our Services are for Customer’s personal use only, meaning that only you personally can access your SGB Challenge and Verification accounts and perform trades. For that reason, you should not, and you agree not to,

allow access to and trading on your SGB Challenge and Verification accounts by any third party nor you shall engage or cooperate with any third party in order to have such third party perform trades for you, whether such third party is a private person or a professional.

access any third-party SGB Challenge and Verification accounts, trade on behalf of any third party or perform any account management or similar services, where you agree to trade, operate or manage the SGB Challenge and Verification accounts on behalf of another user, all whether performed as a professional or otherwise.

9.4.2.2.1 Please note that if you act or behave in contradiction with the aforesaid, we will consider such action/behavior as a Forbidden Trading Practice under Section 9.4. with respective consequences as perceived under this GTC.

Furthermore, Customer shall not exploit the Services by performing trades without applying market standard risk management rules for trading on financial markets, this includes, among others, the following practices (i) opening substantially larger position sizes compared to Customer’s other trades, whether on this or any other Customer’s account, or (ii) opening substantially smaller or larger number of positions compared to Customer’s other trades, whether on this or any other Customer’s account. The Provider reserves the right to determine, at its own discretion, whether certain trades, practices, strategies, or situations are Forbidden Trading Practices.

If the Customer engages in any of the Forbidden Trading Practices described in clause 4,

(i) the Provider may consider it as a failure to meet the conditions of the particular SGB Challenge or Verification, (ii) the Provider may remove the transactions that violate the prohibition from the Customer’s trading history and/or not count their results in the profits and/or losses achieved by the demo trading, (iii) to immediately cancel all Services provided to the Customer and subsequently terminate this Agreement, or (iv) reduce the offered leverage on products to 1:10 or reducing the risk of open trades to one percent on any or all Customer’s accounts

In case when some or all Forbidden Trading Practices are executed on one or more SGB Challenge and Verification accounts of one Customer, or accounts of various Customers, or by combining trading through SGB Challenge and Verification accounts and SGB Trader accounts, then the Provider is entitled to cancel all Services and terminate all respective contracts related to any and all Customer’s SGB Challenge and Verification accounts and/or apply other measures in Clause 9.5. The Provider may exercise any and all actions in Clauses 5 and 9.6 at its own discretion.

If any SGB Trader accounts were used for or were involved in the Forbidden Trading Practices, this may and will constitute a breach of respective terms and conditions for SGB Trader account with third-party provider and may result in cancellation of all such user accounts and termination of respective agreements by the third-party provider.

If the Customer engages in any of the practices described in clause 4 repeatedly, and the Provider has previously notified the Customer thereof, the Provider may prevent the Customer from accessing all Services or their parts, including access to the Client Section and Trading Platform, without any compensation. In such a case, the Customer is not entitled to a refund of the fees paid.

The Provider does not bear any responsibility for trading or other investment activities performed by the Customer outside the relationship with the Provider, for example by using data or other information from the Client Section, Trading Platform, or otherwise related to the Services in real trading on financial markets, not even if the Customer uses for such trading the same Trading Platform that the Customer uses for demo trading.

DEVELOPMENTS IN FINANCIAL MARKETS ARE SUBJECT TO FREQUENT AND ABRUPT CHANGES. TRADING ON FINANCIAL MARKETS MAY NOT BE PROFITABLE AND CAN LEAD TO SIGNIFICANT FINANCIAL LOSSES. ANY PREVIOUS PERFORMANCES AND PROFITS OF THE CUSTOMER’S DEMO TRADING ARE NOT A GUARANTEE OR INDICATION OF ANY FURTHER PERFORMANCE.

SGB CHALLENGE AND VERIFICATION

After paying the fee for the selected option of the SGB Challenge, the Customer will receive the relevant login data for the Trading Platform at the e-mail address provided by the Customer or in the Client Section. The Customer activates the SGB Challenge by opening the first demo trade in the Trading Platform. IF YOU ARE A CONSUMER, YOU ACKNOWLEDGE THAT, BY OPENING THE FIRST DEMO TRADE, YOU EXPRESSLY DEMAND THE PROVIDER TO COMPLETE THE SERVICES BEFORE THE EXPIRY OF THE PERIOD FOR WITHDRAWAL FROM THE CONTRACT, WHICH AFFECTS YOUR RIGHT TO WITHDRAW FROM THE CONTRACT, AS SPECIFIED IN MORE DETAIL IN CLAUSE 12. If you do not activate the SGB Challenge within 30 calendar days of the date on which it was made available to you, your access to it will be suspended. You can request the renewal of access via the Client Section or by sending an e-mail to [email protected] within 6 months of the initial suspension, otherwise we will terminate the provision of the Services without any right to a refund of the fee. The SGB Challenge lasts for 30 calendar days from the date of its activation.

In order for the Customer to meet the conditions of the SGB Challenge, the Customer must fulfil all of the following parameters at the same time by the end of the SGB Challenge:

During the SGB Challenge, the Customer has opened at least one demo trade on at least 5 different calendar days;

in the course of none of the calendar days during the SGB Challenge did the Customer report a loss on any demo trades opened and closed on that day, which would exceed the 5 percent of the balance at the beginning of the day.

at no time during the SGB Challenge did the Customer report a loss on any opened and closed demo transactions, which would exceed in total 12 percent of the initial capital.

during the SGB Challenge, the Customer reported a total profit on all closed demo trades amounting to at least 8 percent of the initial capital.

The above parameters are explained in more detail here on the Website.

If the Customer has met the conditions of the SGB Challenge specified in clause 2, and at the same time has not violated these GTC, in particular the rules of demo trading under clause 9.4, the Provider will evaluate the SGB Challenge as successful and will make the Verification available to the Customer free of charge by sending login details to the Customer’s e-mail address or Client Section. The Customer may request the evaluation of the SGB Challenge at any time by sending a request to [email protected] or via the Client Section. The Provider does not have to evaluate the SGB Challenge if the Customer has not closed all trades.

The Customer activates the Verification by opening the first demo trade in the Trading Platform. If the Customer does not activate the Verification within 30 calendar days from the day on which the Customer received the new login data, the Customer’s access to the Verification will be suspended. The Customer may request the renewal of access via the Client Section or by sending an e-mail to [email protected] within 6 months of the suspension, otherwise we will terminate the provision of the Services without any right to a refund. The Verification lasts for 60 calendar days from the date of its activation.

In order for the Customer to meet the conditions of the Verification, the Customer must fulfil all of the following parameters at the same time by the end of the Verification.

During the Verification, the Customer has opened at least one demo trade on at least 5 different calendar days.

in the course of none of the calendar days during the Verification did the Customer report a loss on any demo trades opened and closed on that day, which would exceed 5 percent of the initial capital.

at no time during the Verification did the Customer report a loss on the sum of the opened and closed demo trades, which would exceed in total 12 percent of the initial capital.

at the end of the Verification, the Customer reported a closed profit from all performed demo trades amounting to at least 4 percent of the initial capital.

The above parameters are explained in more detail here on the Website.

For the Customer to meet conditions of the Verification, the Customer shall comply with the following:

Customer has met the conditions of the Verification specified in clause 5;

Customer has not violated these GTC, in particular, the rules of demo trading under clause and 9.4.

Customer has not exceeded the maximum total amount of the capital allocation of USD 250,000, individually or in combination, per Customer or per each trading strategy, within the meaning of applicable SGB Trader Program agreement, if Customer is already participating in the SGB Trader Program. If the above conditions are met, the Provider will evaluate the Verification as successful and will recommend the Customer as a candidate for SGB Trader program. The Customer may request the evaluation of the Verification at any time by sending a request to [email protected] or via the Client Section. The Provider does not have to evaluate the Verification if the Customer has not closed all transactions.

If during the SGB Challenge the Customer does not comply with some of the conditions specified in clause 2, the SGB Challenge will be evaluated as unsuccessful, and the Customer will not be allowed access to the subsequent Verification. If during the Verification the Customer does not comply with any of the conditions specified in clause 10.5, the Verification will be evaluated as unsuccessful, and the Customer will not be recommended as a candidate for the SGB Trader program. In such cases, the Customer’s account and Services will be cancelled without refund of fees already paid.

Provider recommending Customer as a candidate for the SGB Trader Program in no way guarantees Customer’s acceptance into the SGB Trader Program. The Provider is not responsible for Customer being rejected by the SGB Trader Program for any or no

COMMUNICATION

You acknowledge that all communication from the Provider or its partners in connection with the provision of Services will take place through the Client Section or your e-mail address, which you register with Written electronic communication by e-mail or through the Client Section is also considered to be written communication.

our contact e-mail address is [email protected] and our contact address is Flexi Desk, DUQE SQUARE BUSINESS CENTER, QUARTER DECK,MINA RASHID, QE2.

RIGHT TO WITHDRAW FROM A CONTRACT

If you are a consumer, you have the right to withdraw from a contract without giving a reason within 14 days of its execution (see clause 9 for details on the time of execution of the agreement). PLEASE NOTE THAT IF YOU START PERFORMING DEMO TRADES BEFORE THE EXPIRY OF THE SPECIFIED TIME LIMIT, YOU LOSE YOUR RIGHT TO WITHDRAW FROM THE CONTRACT.

Your withdrawal from the contract must be sent to our e-mail address [email protected]. within the specified time limit. You can use the template form available here to withdraw. We will confirm the receipt of the form to you in text form without undue delay. If you withdraw from the contract, we will refund you without undue delay (no later than 14 days after your withdrawal from the contract) all fees we have received from you, in the same way in which you paid them.

The Provider is entitled to immediately withdraw from the Contract in the case of any breach by the Customer.

DEFECTIVE PERFORMANCES

If the Services do not correspond to what was agreed or have not been provided to you, you can exercise your rights from defective performance. The Provider does not provide any guarantee for the quality of the services. You must notify us of the defect without undue delay at our e-mail address or at our address listed in clause 2. When exercising the rights from defective performance, you may request that we remedy the defect or provide you with a reasonable discount. If the defect cannot be remedied, you can withdraw from the contract or claim a reasonable discount.

We will try to resolve any complaint you may lodge as soon as possible (no later than within 30 calendar days), and we will confirm its receipt and settlement to you in If we do not settle the complaint in time, you have the right to withdraw from the contract. You can file a complaint by sending an e-mail to our e-mail address [email protected].

CLIENT SECTION AND TRADING PLATFORM

Only one Client Section is permitted per Customer and all of the Customer’s Services must be maintained in the Client Section.

The total number of SGB Challenges and Verifications per one Client Section may be limited depending on the total sum of the initial capital amounts of the products ordered by the Customer or on the basis of other parameters. Unless the Provider grants an exception to the Customer, the initial capital amounts may not be transferred between the individual products or mutually combined. You may also not transfer or combine your performance, Service parameters, data, or any other information between the products.

The Customer acknowledges that the Services may not be available around the clock, particularly with respect to maintenance, upgrades, or any other reasons. In particular, the Provider bears no responsibility, and the Customer is not entitled to any compensation, for the unavailability of the Client Section or Trading Platform and for damage or loss of any data or other content that Customer uploads, transfers or saves through the Client Section or Trading Platform.

The Customer may at any time request the cancellation of the Client Section by sending an e-mail to [email protected]. Sending a request for the cancellation of the Client Section is considered as a request for termination of the contract by the Customer, with the Customer being no longer entitled to use the Services, including the Client Section and Trading Platform. The Provider will immediately confirm the receipt of the request to the Customer by e-mail, whereby the contractual relationship between the Customer and the Provider will be terminated. In such a case, the Customer is not entitled to any refund of the fees already paid or costs otherwise incurred.

Privacy

SGB may collect certain personal information from you in order to provide services and to complete transactions. In such cases, SGB will ask you for personally identifiable information (“PII”), which information about you that can be used to contact or identify you, such as your name, phone number, email address, postal address, username, password, zip code, age and income.

SGB uses the information you provide to manage and improve its Site and Service, including, for example, to deliver advertising of interest to you, to assist with social sharing functionality, to develop new products and services, to contact you regarding our products or services, and to detect and prevent security threats, fraud or other malicious activity. SGB may share your Identify Information with its affiliates or with third parties which provide services to SGB and which agree to keep such PII confidential.

SGB retains the right to disclose PII as allowed or required by law, as well as under the following circumstances: (i) to respond to duly authorized information requests of police and governmental authorities; (ii) to comply with any law, regulation, subpoena, or court order; (iii) to investigate and help prevent security threats, fraud or other malicious activity, (v) to investigate and help prevent a violation of any contractual or other relationship with SGB or the perpetration of any illegal or harmful activity; (iv) to enforce and protect the rights and properties of SGB, its affiliates and its business partners; or (iiv) to protect the personal safety of SGB’ employees, agents, affiliates, business partners, customers or site users. In connection with or in contemplation of a merger, consolidation, or sale or transfer of all or substantially all of the assets of SGB, your PII may be transferred to the new owner or the successor entity.

In addition to the foregoing, SGB may collect certain data relating to your use of the Site or the Service. You agree that SGB has an unrestricted (except as set forth herein), royalty free right to use statistical and other aggregated data derived from your use of Site or the Service (the “Aggregated Data”) for the provision, development and improvement of products and services to SGB’ customers. The Aggregated Data does not include (directly or by inference) any information identifying you or any identifiable individual and may only be used by SGB if it is combined with similar aggregated data from SGB’s other customers. SGB acknowledges and agrees that the Aggregated Data is provided AS IS and SGB uses the same at its own risk. Notwithstanding anything to the contrary, you assume no risk and shall have no liability and no responsibility with respect to the Aggregated Data.

SGB may record information that your browser sends whenever you visit the Site or use the Service (“Log Data”). This Log Data may include information such as your Internet Service Provider, your computer’s Internet Protocol address, browser type, and operating system, referring/exit pages, clickstream data, and other data. SGB may use this information for its own internal purposes, including improving the functionality and user-friendliness of SGB’ Site and Service.

SGB uses standard Internet technologies such as “cookies “and “web beacons” in order to retrace your interaction with our sites and services. “Cookies” are small files that are placed on your hard drive for identification purposes. These files are used for site registration and customization the next time you visit us. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. You have the ability to prevent cookies from being saved on your computer by making the appropriate adjustments in your browser options. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on this site.

Intellectual Property Ownership

All right, title and interest in the Service and the Site, including technology and trade secrets embodied therein and any Content or developments created or provided in connection with or related to the Service and the Site, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to SGB or its licensors, and you shall have no rights whatsoever in any of the foregoing.

You acknowledge that the Service constitutes a valuable trade secret and/or is the confidential information of SGB or its licensors. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Service, in whole or in part.

All Content and materials included as part of the Service, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of SGB or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

All Works are copyrighted as individual works and as a collective work under the international treaty provisions, and SGB owns a copyright in the selection, coordination, arrangement, and enhancement thereof.

You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited.

You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause SGB and its licensors irreparable injury, which may not be remedied at law, and you agree that SGB and its licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

Trademarks

The SGB name and logo and other related names, design marks, product names, feature names and related logos are trademarks of SGB may not be used, copied or imitated, in whole or in part, without the express prior written permission of SGB. In addition, the look and feel of the Service (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of SGB may not be copied imitated or used, in whole or in part, without the express prior written permission of SGB.

Refund Policy

SGB offers non-tangible, irrevocable goods thus we do not provide refunds after purchase, which you acknowledge prior to purchasing any product on our websites. Please make sure that you’ve carefully read service description before making a purchase.

Term; Termination; Suspension of Service

The term of this Agreement commences on your first use of the Service and continues through any subsequent use of the Service thereafter. Any unauthorized use of the Service will be deemed a material breach of this Agreement. SGB, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement.

Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, you must immediately stop using the Service.

Indemnification

You shall defend, indemnify, and hold SGB harmless from and against any and all losses, damages, liabilities, costs, judgments, charges and expenses, including reasonable attorneys’ fees, arising out of or relating to any act or omission by you with respect to (i) your use of the Service or (ii) your breach or violations of this Agreement.

Disclaimer of Warranties

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SERVICE IS PROVIDED “AS-IS” AND “WITH ALL FAULTS”, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SGB, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “ SGB PARTY(IES)”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND ACCURACY AND NON-INTERFERENCE; (B) NEITHER SGB NOR ANY SGB PARTY WARRANTS THAT (I) THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (C) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF SGB’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) SGB AND THE SGB PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE FORMS, DATA, REPORTS, RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SERVICE OR OTHERWISE RELATING TO THIS AGREEMENT, AND (E) USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND NEITHER SGB NOR ANY OF THE SGB PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR.

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL SGB BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF SGB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SGB SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF SGB IN CONNECTION WITH THE SERVICE AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PAYMENTS MADE TO SGB FOR THE SPECIFIC SERVICE(S) GIVING RISE TO SUCH CLAIM IN THE ONE MONTH PERIOD PRIOR TO SUCH CLAIM. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SERVICE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD HAVE PAID A HIGHER FEE FOR THE SERVICE PROVIDED HEREUNDER.Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

Notice

SGB may give notice by means of a general notice via the Service, electronic mail to your e-mail address on record in SGB’s account information. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending (if sent by email). You may give notice to SGB (such notice shall be deemed given when received by SGB) at any time by any of the following: letter sent by pdf to SGB at the following email address: [email protected].

Modification to Terms

SGB reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

Assignment; Change in Control

This Agreement may not be assigned by you without the prior written approval of SGB but may be assigned without your consent by SGB to any party acquiring all or any part of SGB’ assets. Any actual or proposed change in control of your account that results or would result in a Competitor of SGB directly owning or controlling 50% or more of your account shall entitle SGB to terminate this Agreement with just cause immediately upon written notice.

Customer Communications; Disclosure

From time-to-time SGB may ask whether or not you wish to receive marketing and other non-critical Service-related communications. You may elect not to receive such communications at that time or opt-out of receiving such communications at any subsequent time by notifying SGB. Because the Service is a hosted, online application, SGB may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service. SGB reserves the right to disclose that you are a user of the Service.

Trade Risk Disclaimer

YOU AGREE THAT ANY USE OF THE SITE OR SERVICE SHOULD NOT BE INTERPRETED: (i) AS INVESTMENT, LEGAL OR TAX ADVICE; (ii) AS AN OFFER TO BUY OR SELL ANY SECURITIES, DERIVATIVE, FUTURES OR SERVICES; OR (iii) AS A REPLACEMENT FOR YOUR OWN PROFESSIONAL SKILL AND JUDGMENT.

DEFINITIONS, EXPRESSIONS AND ABBREVIATIONS USED

For the purposes of the GTC, the following definitions shall have the following meanings:

“Client Section” means the user interface located on the Website.

“Content” means the Website and all Services, including the Client Section, their appearance and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples and other content that may form the Website and the Services.

“Customer” means the user of the Services.

“SGB Challenge and Verification account” means trading accounts related to trading education courses provided as part of the Services by the Provider.

“SGB Trader account” means a trading account, which relates to the SGB Trader program provided by a third-party provider.

“Forbidden Trading Practices” means trading practices strictly forbidden while using our Services and are more detailed in Section 9.4 of these GTC.

“GTC” means these General Terms and Conditions of

“Provider” means the provider of certain

“Schedules” means Schedule 1 and any other Schedules as applicable, which are part of these GTC.

“Services” means the Provider’s services as set out in clauses 1.1.

“Trading Platform” means an electronic interface provided by a third party in which the Customer performs the demo trading; and

“Website” means the website SGBTrading.com.

For the purposes of the GTC and their schedules, the following expressions and abbreviations shall have the following meanings:

“Calendar day” means the period from midnight to midnight of the time currently valid in the UAE.

“initial capital” means a fictitious amount that the Customer has chosen when selecting the option of the SGB Challenge and which the Customer will use to perform demo trading.