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General Terms and Conditions

Overview

The websites, Fintokei.com and all its subdomains, such as My.Fintokei.com etc. (altogether, the “Website”), are owned and operated by Fintokei s.r.o., incorporated in Masarykova 409/26, Brno-mesto, 602 00 Brno, Czech Republic, reg.no.: 09110127, file: C 117301 registered by Regional Court in Brno (collectively, the “Company”, “we” or “Fintokei”). The Company offers the Website (also in the meaning of related websites), including all information, tools and services available from the Website to you, the user (the “you”, “Customer”, “user”), conditional to your acceptance of all terms, conditions, policies and notices stated herein.

By using the Website and/or purchasing something from us, you engage in our services (“Service”) and agree to be bound by the following general terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this contract, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

The Services are only intended for persons deemed adults residing in the country for which the Services are available. By registering on the Website, you confirm that you are adult. If you are minor, you may not use the Services. You undertake to access the Services solely from one of the countries for which the Services are available. 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.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. If applicable it is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

NONE OF THE SERVICES PROVIDED TO YOU BY THE COMPANY CAN BE CONSIDERED INVESTMENT SERVICES IN ACCORDANCE WITH APPLICABLE LAWS. THE COMPANY 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 COMPANY 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 COMPANY ARE AUTHORIZED TO PROVIDE INVESTMENT ADVICE OR RECOMMENDATIONS. SHOULD ANY INFORMATION OR STATEMENT OF ANY EMPLOYEE, STAFF, OR REPRESENTATIVES OF THE COMPANY BE INTERPRETED AS INVESTMENT ADVICE OR RECOMMENDATIONS, THE COMPANY EXPLICITLY DISCLAIMS THAT THE SAME IS INVESTMENT ADVICE OR RECOMMENDATIONS AND SHALL NOT BE RESPONSIBLE FOR THEM.

We may grant access to third parties to our Website in order to troubleshoot and/or maintain Website, database or infrastructure related issues. These accesses are monitored and removed after scope of work is performed.

ALL PAYMENTS ARE FINAL AND FOR EVALUATION AND EDUCATION PURPOSES ONLY.

The registration fees are paid for allowing you to access the Fintokei platform, Evaluation programs and services. 

Section 1 – Online Registration Terms

By agreeing to these Terms of Service, you represent that you are over 18 years of age, adult and fully entitled to engage in our services.

You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You acknowledge that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted and secured during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.

The headings used in this contract are included for convenience only and will not limit or otherwise affect these Terms.

The Services include, among other things, free trial, Fintokei ProTrader Evaluation Programs, Fintokei SwiftTrader Programs; and they may differ in the scope of the Services provided (e.g. by analytical tools available to the Customer). If available with the Free Trial, you may use some of the Services within a limited scope and for a limited period of time free of charge. Eventually completing the Free Trial does not entitle you to access any other Services.

The Fee for the Fintokei ProTrader Evaluation Programs or for the Fintokei SwiftTrader Programs (together as “Fintokei Programs”) varies according to the option selected and depends on the amount of the starting virtual capital, the degree of the acceptable risk, the parameters that must be fulfilled so that the conditions of the Fintokei programs 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 Fintokei Programs. We reserve the right to also provide the Services under individually agreed conditions. All individually agreed conditions shall be determined by the Company at its own discretion. Individual discounts and other benefits may not be combined, unless expressly stipulated otherwise by the Company.

The fee is paid for allowing you to access the Fintokei Programs, or the Services provided under the Fintokei Programs. You are not entitled to a refund of the fee, for example, if you terminate the use of the Services prematurely, if you fail to meet the conditions of the Fintokei Programs, or if you violate these terms.

If you lodge an unjustifiable complaint regarding the paid fee or disputes the paid fee with your 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 Company is entitled, at its own discretion, to stop providing to you any services and refuse any future provision of any services.

You acknowledge that in order to use our Services, you must obtain the appropriate technical equipment and software, including third-party software (e.g. software for the use of the Trading Platform), at your own risk and expense. The Website is accessible from the most commonly used web browsers. The internet access, purchase of the equipment, and purchase of the web browser and its updates are at your own risk and expense. The Company does not warrant or guarantee that the Services will be compatible with any specific equipment or software. The Company does not charge any additional fees for the internet connection.

Section 3 – Trading Platform, Client area and Fintokei Demo accounts

We provide you with a demo trading platform and tools for simulated trading in the Foreign Exchange market or trading with other instruments on other financial markets (herein as “Trading Platform”).

Fintokei services currently include 3 types of Fintokei Demo accounts:

1. Virtual demo accounts (herein as “Virtual Demo account” or “Virtual account” – mainly specified in article 6)
2. virtual funded demo account – ProTrader account (herein as “ProTrader account” – mainly specified in article 7A)
3. virtual funded demo account – SwiftTrader account (herein as “SwiftTrader account” – mainly specified in article 7A)

All Fintokei Demo accounts collectively herein as “Fintokei Demo accounts” or “Demo accounts”.

Fintokei Demo account as per sections ii and iii collectively herein as “Fintokei Funded accounts” or “Funded accounts”.

You acknowledge that any trading that you perform through our service is not real, takes place on Fintokei Demo accounts with virtual funds and with simulated and not-manipulated real market conditions.

By using our services you agree to be bound by the trading objectives specified on the Website, as per each of the Fintokei Programs.

Client zone is the customer’s dashboard where you can overview the details about all your active and inactive Fintokei Demo accounts, where you can request profit split payouts (reward), access educational materials and videos and administer your profile. It is part of the “Website”, available at my.fintokei.com

Section 4 – Rules of Demo Trading

During the demo trading on the Trading Platform, you may perform any transactions, unless these constitute prohibited trading strategies or transactions within the meaning of Section 5.

Restrictions may also be imposed by the conditions of the Trading Platform that you have selected. You acknowledge that the Company and the third-party Partner Broker (“Partner Broker”) have access to information about the demo trades that you perform on the Trading Platform. Partner broker represents a third-party broker chosen by the Company that is connected to the Company systems as necessary for the real-time monitoring, verification process and evaluation.

In accordance with the privacy policy and applicable law, you grant the Company your consent to share this information with persons/entities who are in a group with the Company or who are otherwise affiliated with the Company, and you grant the Company 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 Company.

The Company is aware that you do not provide the Company 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.

Section 5 – Prohibited Trading Strategies or Transactions

During the demo trading on the Trading Platform, at any stage of a Free Trial or of any Fintokei Program, traders should use their own trading strategy at all times and not rely on signals, bots or software from third parties. Traders must also trade according to real market conditions and apply strategies that can operate effectively under real market conditions. Any trades that take advantage of Fintokei Demo accounts conditions or any sort of trading arbitrage are prohibited.

It is therefore strictly prohibited to do in particular any of the mentioned below:

1. Use strategies that take advantage of errors in display of prices or delays in their update, or that exploit any system bugs, and therefore to perform any form of latency arbitrage, reverse arbitrage, and tick scalping or high-frequency trading (HFT) that aims to profit from small price movements, or “ticks,” by opening and closing trades within a matter of seconds to minutes.
2. Use services, robots, automated systems or Expert Advisors (EAs) that were on purpose created to “pass your prop trading evaluations“ or otherwise take advantage of the technical inefficiencies of the Trading Platform and its infrastructure
3. Copy trades of other people, manually or via copy-trading systems or robots
4. Give any access to your Fintokei Demo account(s) to other people or have it(them) managed by someone else
5. Use multiple IP addresses from many countries when connecting to your Fintokei Demo accounts or mask the IP addresses. (Trading IP’s must show from the same region as the billing address.)
6. Perform transactions using external data feeds
7. Perform hedge arbitrage trading or opposite account trading within a group of multiple accounts or traders
8. Front-run trades executed elsewhere
9. Perform hedging or opening opposite trades across multiple accounts or by a group of multiple traders
10. Perform any trading activities that are in contradiction with the Terms and Conditions of the Partner Broker
11. Use strategies that contradict to how trading is performed in the real world on the forex market or in a manner that would establish concerns that the Partner Broker may suffer loss or damage as a result of the Customer’s activity.
12. Exceed the Partner Broker maximum amount of open orders determined in the Website’s FAQ.
13. Perform any other practices described as prohibited on the website and FAQs

Furthermore, any Martingale strategies or EAs are not allowed. In particular Fintokei considers a “Martingale strategy” as opening more than one position on certain instrument and in the same direction whilst the first position opened on the same instrument is in drawdown. If any of the consecutive positions is opened at an exponent of more than 1x we consider this to be martingale strategy. Other definitions and possible application of Martingale strategies are also prohibited as Fintokei reserves the right to assess such behaviour at its sole discretion.

For example, if you open a 1 lot buy on GBPUSD, and this position goes into open drawdown, you can open additional buys on GBPUSD as long as the lot size is the same or smaller, you cannot increase the position size. Once all buys are closed on GBPUSD, you can then open a new first trade on GBPUSD at a position size of your choice unrestricted.

(collectively activities stipulated above herein as“Prohibited Trading“)

If you engage in any of the practices described in this Section above,

1. The Company may consider it as a failure to meet the conditions of the particular Fintokei Program.
2. If you have engaged any of the transactions listed in this section the Company reserves the right to suspend any and all Fintokei Demo accounts without any further notice. In such case, you are not entitled to any profit payouts or to a refund of the paid fees.

Furthermore, before receiving a Virtual funded account or before processing your payout from the Virtual funded account, the Company may review your trading activity under these Terms to assess whether it constitutes any Prohibited Trading.

In cases of Prohibited Trading, you will not be granted a Virtual funded account and you may be banned from opening another Fintokei Demo accounts.

In case you place an unusually large number of orders for the Services within an unreasonably short period of time, the Company may notify you as a protective precaution to mitigate potentially harmful or gambling behaviour of yours. Does such unreasonable behaviour continue after such notice, we reserve the right to suspend any of your further orders of the Services. If we identify that the unusual behaviour as per this paragraph relates to your involvement in prohibited activities, we may take respective actions as perceived above.

The Company reserves the right to determine, at its own discretion, the nature of any behaviour described above and reasonable boundaries for such determination.

Section 6 – Fintokei ProTrader Evaluation Programs – Phase 1 and Phase 2

In order for you to meet our conditions of the Evaluation Programs – Phase 1 and Phase 2 (herein as “Evaluation program”), you must fulfil all of the parameters published on the Fintokei Website at the time of payment of your registration fee.

In case you reach the specified targets and at the same time you have not violated any of the Evaluation Programs rules or terms under the Section 5 the Company will evaluate your current Phase in our Service as successful and you can pass to the next one.

You may request the evaluation of your Evaluation Program at any time by sending a request to support@fintokei.com

After paying the fee for the selected option of the Fintokei Evaluation Programs, you shall receive the relevant login data for the Virtual demo account (as specified above herein as “Virtual demo account” or “Virtual account” ) into the Trading Platform as well as to the Client Area at the e-mail address provided by the Customer and/or in the Client Section. You activate the Fintokei Evaluation Program by first successful login into the Client Area or by placing a first trade on the Virtual account in the Trading Platform.

IF YOU ARE A CONSUMER, YOU ACKNOWLEDGE THAT, BY LOGGING INTO THE CLIENT AREA OR PLACING THE FIRST TRADE ON THE VIRTUAL ACCOUNT, YOU EXPRESSLY DEMAND THE COMPANY 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 BELOW.

If you do not activate the Virtual account 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 support@fintokei.com 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.

If you have met the conditions of the Fintokei Evaluation Programs specified herein and on the Website, and at the same time have not violated any conditions, in particular the rules of section 5, the Company will evaluate the Fintokei Evaluation Program as successful. You may request the evaluation of the Fintokei Evaluation Programs at any time by sending a request to support@fintokei.com or via the Client Section. The Company does not have to evaluate the Fintokei Evaluation Programs if you have not closed all trades.

If the conditions of the Fintokei Evaluation Programs are met, the Company will evaluate its conditions as successful and will recommend you as a candidate for Fintokei ProTrader Program – Phase 3. You may request such evaluation of the Fintokei Evaluation Programs at any time by sending a request to support@fintokei.com or via the Client Section. We do not have to evaluate the Fintokei Evaluation Programs if you have not closed all trades.

Should during the Fintokei Evaluation Programs you do not comply with some of the conditions specified herein, the Fintokei Evaluation Programs will be evaluated as unsuccessful and you will not be allowed to access Fintokei ProTrader Program – Phase 3. In such cases, your respective Virtual account will be cancelled without refund of fees already paid.

Section 7A – Fintokei ProTrader Program – Phase 3, ProTrader account

If, by virtue of your successful completion of both phases of our evaluation process, you are determined to pursue the opportunity to receive rewards for your continued profitable trading endeavors, you shall subsequently be granted with an access to a virtual funded demo account – ProTrader Account. It is imperative that you acknowledge and consent to the additional conditions set forth herein, as well as those articulated on the official Fintokei Website and within the Fintokei provider program – ProTrader terms and conditions (FPP). These conditions will be transmitted to the email address provided during your registration, and will be accompanied by supplementary information pertaining to Fintokei ProTrader Program – Phase 3. Furthermore, it is incumbent upon you to consult the FAQ section to become fully acquainted with extended criteria for attaining the status of a ProTrader.

Should you opt to engage in multiple Evaluation programs and successfully navigate them to completion in the future, it is essential to recognize that the FPP will persist, and your respective Virtual account shall be subject to automatic adjustments where applicable.

Section 7B – Fintokei SwiftTrader Program, SwiftTrader account

Should you choose to place an order for the product known as “Fintokei SwiftTrader program”, it is worth noting that such a selection may afford you the privilege of gaining direct access to a virtual funded demo account – SwiftTrader account, all without the mandatory requirement to successfully complete the Fintokei Evaluation Programs – Phase 1 and Phase 2, as per Section 6 above. You shall subsequently be granted with a direct access to SwiftTrader Account. Furthermore, it is imperative to understand that a plethora of additional terms and conditions, which are explicitly detailed herein, on the official Fintokei website, and within the comprehensive Fintokei provider program – SwiftTrader terms and conditions (FPS), are to be dispatched to the email address provided at the time of your registration, including other vital information regarding „Fintokei SwiftTrader program.“ Subsequently those are obligatory to any user of the Fintokei SwiftTrader program.

After paying the fee for the selected option of the Fintokei SwiftTrader Programs, you shall receive the relevant login data for the SwiftTrader account into the Trading Platform as well as to the Client Area at the e-mail address provided by the Customer and/or in the Client Section. You activate the Fintokei SwiftTrader Program by first successful login into the Client Area or by placing a first trade on the SwiftTrader account in the Trading Platform.

Section 7C – Joint provisions to sections Fintokei ProTrader Program – Phase 3 and Fintokei SwiftTrader program

Take into consideration Fintokei reserves the right to exercise further KYC (know your customer) due diligence and employ AML/CFT international standards. Should our KYC procedure recognize and evaluate any discrepancy / uncertainty and/or suspicious circumstances regarding your identity, it is at our sole discretion rejected conclusion of Fintokei ProTrader Program – Phase 3 / Fintokei SwiftTrader program contract for any or no reason, or until conclusively resolved.

Such KYC/AML/CFT procedure needs not to be employed provided the fact you have already passed, nevertheless Fintokei reserves the right to employ KYC/AML/CFT procedures, should it see reasonable and/or suspicious event was reported or noticed.

In accordance with the reasons specified above the Company does not guarantee your acceptance into the Fintokei ProTrader Program – Phase 3 / Fintokei SwiftTrader program, yet rest assured rejection being strictly used as a last resort solution. The Company is not responsible for you being rejected for any or no reason, however should the Company reject your Fintokei ProTrader Program – Phase 3 / Fintokei SwiftTrader program acceptance in unreasonable manner, initial fee shall be refunded.

Should you fail to provide Fintokei with required data or with reasonable explanation regarding the KYC/AML/CFT procedure (both initial or ongoing) Fintokei reserves the right to terminate the related ProTrader account / SwiftTrader account as well as to terminate any and/or all other Virtual account

IF YOU ARE A CONSUMER, YOU ACKNOWLEDGE THAT, BY LOGGING INTO THE CLIENT AREA OR PLACING THE FIRST TRADE ON THE PROTRADER OR SWIFTTRADER ACCOUNT, YOU EXPRESSLY DEMAND THE COMPANY 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 BELOW.

If you do not activate the Protrader account or SwiftTrader account 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 support@fintokei.com 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.

You acknowledge and agree that:

1. regarding the Reward payout in accordance with FPP / FPS terms specified therein each party shall independently bear the costs related to the transfer of the Reward.
2. the exchange rate on the date of Reward payout shall be deemed to apply, not the exchange rate on the date of the Payout request. For the avoidance of doubt, no right to compensation exists in case of delays in the transfer of the Reward.

Section 8 – Accuracy, Completeness, and Timeliness of Information

We make every effort to ensure that the information we provide is accurate, however the information is also supplied by third parties and we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. As an option to mitigate your risk you are always welcome to email your questions at support@fintokei.com.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 9 – Modifications to the Service and Prices, Payment terms

Service charges are inclusive of all taxes. You are obliged to fulfil all your tax obligations in connection with the use of our Services in accordance with applicable law, and in the event of an obligation, you are obliged to pay tax or other fees properly.

You can pay the fee for the selected option of the Fintokei Evaluation Programs by a payment card, via a bank transfer, or using other means of payment that the Company 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 Fintokei Evaluation Programs 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 Company’s account. If you do not pay the amount on time, the Company is entitled to cancel your order. You bear all fees charged by the selected payment service provider in connection with the transaction so are you obliged to ensure that the respective fee for the selected Fintokei Evaluation Programs is paid in full.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (Virtual accounts provided) (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

The Company 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.

Reward payout as per Section 7A (Fintokei ProTrader Program – Phase 3)) and 7B (Fintokei SwiftTrader Program) is limited only to the accounts held exclusively by you. No 3^rd party payouts are allowed. Right to exercise further KYC as defined in section 7C is fully applicable.

Section 10 – Products or Services (if applicable)

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Our service offers Free trial. You are able to order it without paying any fee. Completing our Free Trial does not entitle you for any kind of reward or completion of any of the Evaluation Programs.

Services under no circumstances do not include any extra purchase other than the fee specified herein. You are not allowed to buy any items or points for use within the Service to enhance / modify your experience, to lower any pre-set conditions, to gain any advantage over other users or otherwise be provided with services pursuant to the relevant conditions of the Payment Services Act.

Section 11 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or un-authorized distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 12 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools on an ”as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 13 – Third-party Links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 14 – User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 15 – Personal Information, Cookies

Your personal information is governed by our Privacy Policy as well the cookies options are defined in Cookies policy.

Section 16 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on Website, should be taken to indicate that all information in the Service or on Website has been modified or updated.

Section 17 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false or misleading information;
7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of Website, other websites, or the Internet;
8. to collect or track the personal information of others;
9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
10. for any obscene or immoral purpose; or
11. to interfere with or circumvent the security features of the Service or Website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or Website for violating any of the prohibited uses.

Section 18 – Disclaimers, Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

YOU ACKNOWLEDGE THAT THE SERVICES AND OTHER CONTENT ARE PROVIDED “AS IS” WITH ALL THEIR ERRORS, DEFECTS AND SHORTCOMINGS, ANDTHAT THEIR USE IS AT YOUR SOLE RESPONSIBILITY AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY THE MANDATORY LAWS, THE COMPANY DISCLAIMS ANYSTATUTORY, CONTRACTUAL, EXPRESS AND IMPLIED WARRANTIESOFANYKIND, INCLUDING ANY WARRANTYOF QUALITY, MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOFANYRIGHTS.

TO THE EXTENT PERMITTED BY THE MANDATORY PROVISIONS OF THE APPLICABLE LAWS, THE COMPANY IS NOT RESPONSIBLE FOR ANY HARM, INCLUDING ANYINDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT, LOSS OF DATA, PERSONAL OR OTHER NON-MONETARY HARM OR PROPERTY DAMAGE CAUSED AS A RESULT OF USE OF THE SERVICES OR RELIANCE ON ANY TOOL, FUNCTIONALITY, INFORMATION OR ANY OTHER CONTENT AVAILABLE IN CONNECTION WITH THE USE OF THE SERVICES OR ELSEWHERE ON THE WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR ANY PRODUCTS, SERVICES, APPLICATIONS OR OTHER THIRD-PARTY CONTENT THAT THE CUSTOMER USES IN CONNECTION WITH THE SERVICES. IN CASE THE COMPANY’S LIABILITY IS INFERRED IN CONNECTION WITH THE OPERATION OF THE WEBSITE OR PROVISION OF THE SERVICES BY A COURT OF JUSTICE OR ANY OTHER COMPETENT AUTHORITY, THIS LIABILITY SHALL BE LIMITED TO THE AMOUNT CORRESPONDING TO THE FEE PAID BY THE CUSTOMER FOR THE SERVICES IN CONNECTION WITH WHICH THE CUSTOMER HAS INCURRED THE LOSS.

ALL INFORMATION ON THIS WEBSITE IS SOLELY FOR STUDY PURPOSE RELATED TO TRADING ON FINACIAL MARKETS. ANY OPINIONS, NEWS, RESEARCH, ANALYSIS, PRICES, OR OTHER INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED AS GENERAL MARKET COMMENTARY, AND DOES NOT CONSTITUTE INVESTMENT ADVICE. FINTOKEI DO NOT PROVIDE ANY INVESTMENT RECOMMENDATION, BUSINESS RECOMMENDATION, INVESTMENT OPPORTUNITY ANALYSIS OR SIMILAR GENERAL RECOMMENDATION REGARDING THE TRADING OF INVESTMENT INSTRUMENTS.

FINTOKEI IS EDUCATION AND EVALUATION COMPANY THAT IN ANY WAY NOT COLLECT CUSTOMER DEPOSITS OR OFFERING FINANCIAL SERVICES IN TO CUSTOMERS. ALL ACCOUNTS PROVIDED TO CUSTOMER ARE IN VIRTUAL ENVIRONMENT WITH VIRTUAL MONEY. CUSTOMER BY PURCHASING PLAN GET ACCESS TO VIRTUAL ACCOUNT. FINTOKEI IS NOT A BROKER AND DO NOT ACCEPT ANY DEPOSIT FROM CUSTOMERS.

THE FINTOKEI VIRTUAL ACCOUNTS ARE NOT LIVE TRADING ACCOUNTS, THEY ARE FULLY SIMULATED ACCOUNTS UTILIZING REAL MARKET QUOTES AND EXECUTION CONDITIONS FROM LIQUIDITY PROVIDERS.

HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, BECAUSE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS, IN GENERAL, ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.

THE TRADERS FEATURED ARE REPRESENTATIVE ONLY AND INCLUDES SELECTED TRADERS WHO ALLOW THEIR NAMES TO BE PUBLICLY DISCLOSED. TRADER PERFORMANCE QUOTED REPRESENTS PAST PERFORMANCE IN A SIMULATED ENVIRONMENT AND DOES NOT GUARANTEE CURRENT OR FUTURE PERFORMANCE. FURTHER, FINANCIAL INSTRUMENT TRADING INVOLVES SUBSTANTIAL RISK OF LOSS AND IS NOT SUITABLE FOR EVERY INVESTOR, TRADING ACTIVITIES REFERENCED BY OR UNDERTAKEN UTILIZING THE FITOKEI MAY NOT BE SUITABLE FOR ALL PERSONS.

BY ANY MEANS THE COMPANY DOES NOT:

1. PERFORM A TRANSACTION COMPRISING THE PARTIES‘ PROMISES TO PAY AND RECEIVE AN AMOUNT OF MONEY CALCULATED BASED ON THE DIFFERENCE BETWEEN THE AGREED FIGURE AND THE ACTUAL FIGURE WITH RESPECT TO THE FINANCIAL INDICATOR SUCH AS VALUES OF SECURITIES AND CURRENCIES, OR ANY TRANSACTION SIMILAR THERETO“ FALLS INTO THE „OTC DERIVATIVE TRANSACTION(S)“, AND CONDUCTING OTC DERIVATIVE TRANSACTIONS ON A REGULAR BASIS TRIGGERS LICENSE REQUIREMENTS OF TYPE I FINANCIAL INSTRUMENTS BUSINESS OPERATOR (TYPE I FIBO).
2. CALCULATE THE REWARD BY DIFFERENCE BETWEEN THE OPEN PRICE (BID/OFFER PRICE) AND THE SETTLEMENT PRICE (OFFER/BID PRICE) WITH REFERENCE TO THE MARKET PRICES OF FOREIGN EXCHANGE OR OTHER FINANCIAL INDICATOR. FEE FOR THE SERVICE IS PAID SOLELY FOR TRAINING AND IT IS NOT PAID FOR REWARD, AND THEREFORE FINTOKEI DOES NOT RECEIVE PAYMENTS FOR REWARD IN THE PROTRADER PROGRAM – PHASE 3 OR IN THE SWIFTTRADER PROGRAM BASED ON THE FACT THAT THE FEE IS SUBSTANTIALLY LOW AS COMPARED WITH THE POTENTIAL REWARD, THEREFORE THE SERVICE DOES NOT FALL INTO THE OTC DERIVATIVE TRANSACTION AND WILL BE REGULATED UNDER THE JAPANESE FINANCIAL INSTRUMENTS AND EXCHANGE ACT (ACT NO. 25 OF 1948, AS AMENDED) („FIEA“).
3. PROVIDE THE REWARD BEING CHARACTERIZED AS A MONEY ACCOMPANYING TO THE SERVICE AND LURING CUSTOMERS INTO THE EVALUATION PROGRAM PHASE, AND SO DOES NOT FALL INTO THE REGULATED „PREMIUMS“ MEANING GOODS, MONEY OR OTHER ECONOMIC BENEFITS THAT A BUSINESS OPERATOR PROVIDES TO A COUNTERPARTY AND ARE INCIDENTAL TO A TRANSACTION OF GOODS OR SERVICES THAT THE BUSINESS OPERATOR SUPPLIES, REGARDLESS OF THE METHOD USED, AS A MEANS OF INDUCING CUSTOMERS, PURSUANT TO JAPANESE ACT AGAINST UNJUSTIFIABLE PREMIUMS AND MISLEADING REPRESENTATIONS (ACT NO. 134 OF 1962, AS AMENDED) („UPMRA“)

Section 19 – Indemnification

You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 20 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 21 – Termination, Right to withdraw

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this contract for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this contract at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

So we are entitled to proceed the same way should you, your conduct fail to comply with regulatory and/or mandatory conditions especially but not limited AML/CFT irregularities in noticeable/material manner.

The latter termination reasons may result in seizure of your account and its balance for indefinite period of time.

If you are a consumer, you have the right to withdraw from a contract as per section 6, 7A, 7B without reason within 14 days (or within statutory period) from its execution.

The subject of the Service is the delivery of electronic content, where the Customer has no legal right to withdraw from the contract without statutory reason after getting access to the Services if not individually defined otherwise.

PLEASE NOTE:

DUE TO THE ELECTRONIC NATURE OF THE FINTOKEI PRODUCT, ONCE YOU LOG INTO THE CLIENT AREA AND / OR PLACES THE FIRST TRADE, RIGHT TO UNILATERALLY WITHDRAW FROM / RESCIND / TERMINATE THE CONTRACT THEREFORE TO SEEK ANY AND ALL REFUND IS NOT APPLICABLE DESPITE THE CONTRACT BEING CHARACTERISED AS DISTANT AND/OR OFF-PREMISES.

The Customer acknowledges and agree and so is accordingly hereby informed by the Company that Product is delivered and accessible without reasonable delay after the payment is processed (art. VI.) therefore the period for rescind the Contract pursuant to § 1829 of the Civil Code. does not apply in accordance with § 1837 letter a) of the Civil Code.

Your withdrawal from the contract must be sent to our e-mail address support@fintokei.com within the specified time limit. 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.

Section 22 – Entire contract

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire contract and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 23 – Out-Of-Court consumer dispute settlement, Governing Law and Jurisdiction

It is our objective that our Customers are satisfied with the Fintokei services; therefore, if you have any complaints or suggestions, we will be happy to resolve them directly with you and you can contact us at our e-mail address

This section applies only to a consumer who is at the same time an EU resident. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, identification no.: 000 20 869, website: https://www.coi.cz/en/information-about-adr/, is responsible for the out-of-court settlement of consumer disputes. You can also use the platform at the following website to resolve disputes online: https://www.ec.europa.eu/consumers/odr.

Any legal relations established by these Terms, FPP terms and FPS terms or related to them, as well as any related non-contractual legal relations, shall be governed by the laws of the Czech Republic. Any dispute that may arise in connection with these Terms FPP terms and FPS terms will fall within the jurisdiction of the Czech court, Brno Municipal court.

Such provisions do not deprive the consumers of the protection afforded to them by the mandatory laws of the relevant Member State of the European Union or any other jurisdiction however consumer rights protection is applied merely for those specifically stipulated as mandatory.

Non-Czech Republic jurisdiction clause:

Japanese:

If applicable under the Japanese Civil Procedure Act (Act No. 109 of 1996, as amended), a Japanese customer may file a lawsuit related to his/her consumer contract with a Japanese court.

Under the Act on General Rules for Application of Laws (Act No. 78 of 2006, as amended), if a Japanese customer has indicated to a supplier corporation his/her intention to apply the provisions of Japanese laws having mandatory effect with respect to the formation and validity of consumer contracts, such provisions shall apply.

Should certain provision not be governed strictly by Japanese law, Czech Republic law applies.

EU and others:

In the event that the legal provisions of local law or international law are mandatorily applicable in jurisdictions other than the Czech Republic, they shall be applied to the minimum extent as acknowledged by the client. The remaining provisions of the Terms, FPP terms and FPS terms are subject exclusively to the laws of the Czech Republic.

Section 24 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service after giving you one month’s notice or by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting /notifying of any changes to these Terms of Service constitutes acceptance of those changes.

Section 25 – Contact Information

Questions about the Terms of Service should be sent to us at our contact details.

Section 26 – Final Provisions

These Terms constitute the complete terms and conditions agreed between you and the Company and supersede all prior agreements relating to the subject matter of the Terms, whether verbal or written.

Nothing in these Terms is intended to limit any legal claims set out elsewhere in these Terms or arising from the applicable law. If the Company or any third party authorized thereto does not enforce the compliance with these Terms, this can in no way be construed as a waiver of any right or claim.

If Terms used herein as abbreviation they apply even without express stipulation to Fintokei provider program – ProTrader terms and conditions (“FPP”) and Fintokei provider program – SwiftTrader terms and conditions (“FPS”) accordingly.

The Company may assign any claim arising to the Company from these Terms or any agreement to a third party without your consent. You agree that the Company may, as the assignor, transfer its rights and obligations under these Terms or any agreement or parts thereof to a third party. The Customer is not authorized to transfer or assign the Customer’s rights and obligations under these Terms or any agreements or parts thereof, or any receivables arising from them, in whole or in part, to any third party.

Severability: If any provision of the Terms is found to be invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. No past or future practice established between the parties and no custom maintained in general or in the industry relating to the subject-matter of the performance, which is not expressly referred to in the Terms, shall be applied and no rights and obligations shall be derived from them for the parties; in addition, they shall not be taken into account in the interpretation of manifestations of the will of the parties.

The schedules to the Terms form integral parts of the Terms. In the event of a conflict between the wording of the main text of the Terms and any schedule thereof, the main text of the Terms shall prevail.

Prior to the mutual acceptance of these Terms, the parties have carefully assessed the possible risks arising from them and accept those risks.

Section 27 – effective date and version

Version: 5

This revised edition of the Terms as well as FPP / FPS terms becomes applicable immediately to all purchases made subsequent to the publication of these Terms. The effective date for current clients and for any services, including but not limited to the Trading Platform, Client area and Fintokei Demo accounts, is scheduled to commence 30 days after the publication date of the Terms, namely, the 6^th of January 2024 if not specified otherwise.