AQUAFUTURES TERMS OF USE

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These Terms of Use govern access to and the use of the Site or Services of Aqua Funds Consulting FZCO, a United Arab Emirates Free Zone Company, and its affiliated entities (collectively, “AquaFutures”, “we”, “our”, or “us”), by our account holders, users, and visitors (“you”, “your”, or “User”), however such Sites or Services are accessed, including any content, functionality, products and services, information about our products and services, your accounts, and other tools offered. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Privacy Policy which is incorporated herein by reference.

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The AquaFutures Site and Services are offered to you subject to your affirmative and unequivocal acceptance, without modification, of all the Terms in their entirety. When accepted by you, these Terms form a legally binding contract between you and AquaFutures. If you are entering into these Terms on behalf of an entity, you represent that you have the legal authority to bind that entity. PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, CREATING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT, OR OTHERWISE USING THE AF FUTURES SITE OR SERVICES OR ENTERING INTO ANY OTHER AGREEMENT WITH US, YOU ACKNOWLEDGE (ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT) THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BYTHESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE AF FUTURES PRODUCTS AND CONTENT. ADDITIONALLY, BY REGISTERING FOR, ACCESSING, BROWSING, CREATING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT, OR OTHERWISE USING THE AF FUTURES SITES OR SERVICES OR ENTERING INTO ANYOTHER AGREEMENT WITH US, YOU ACKNOWLEDGE AND AGREE TO GIVE UP, AND YOU HEREBY WAIVE, ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES.

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Once accepted, these Terms remain effective until terminated as provided for herein. Please check back periodically to review the Terms of Use and Privacy Policy as we reserve the right to modify or change these Terms after providing notice to you. The form of such notice is at our discretion and may include, without limitation, clear and conspicuous messaging or posting on the Site or Services indicating the Terms of Use have been changed. Any modification or change shall be effective upon such notice. For more information, please see Section 26 below. We may, in our sole discretion, elect to suspend or terminate access to, or use of, the AquaFutures Site, Services, and Content by anyone who violates these Terms. You may not interfere with the security of, or otherwise abuse the AquaFutures, Site, Services, and Content, or any system resources, services, or networks connected to or accessible through the AquaFutures Site, Services, and Content. You may only use the AquaFutures Site, Services, and Content for lawful purposes and are prohibited from using the AquaFutures Site, Services, and Content in a manner contrary to or in violation of these Terms of Use. The official language used by AquaFutures is English and translations are made for convenience and reference only; in the event of a conflict between the English language version of this document and any version translated into any other language, the English language version shall prevail. You acknowledge and agree that we are not a broker-dealer, as suchterm is used in United States financial services regulations, and that we do not trade securities on our or another party’s behalf as part of the Sites or Services, nor do we directly offer any financial advice of our own as part of the Sites or Services. You acknowledge and agree that we are not liable for any losses or gains that may arise from your reliance upon information provided through the Sites or Services or your interaction with other Users.

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1. DEFINITIONS

“Account” means an account of a User that is registered with AquaFutures that has access to specified Services or functionality of Site of AquaFutures.“Content” means all information and other materials present on the Sites, including, without limitation, the Services, AquaFutures, Site, Services, Content, text, images, photos, trading ideas, publications, opinions, rumors, advice, charts, financial information, ratings, and reviews. “Credit or Debit Card Information” means certain credit card or debit information, as the case may be, including your card number, CVV number, expiration date, phone number, name, billing address, and email address. “Data” means information generated by you and other Users (whether aggregated or otherwise), including any and all information related to trading activity. “Designated Agent” means the AquaFutures representative designated to receive notification of claimed infringement under the Digital Millennium Copyright Act. “Fee” means regular payment for using the activated Account. “Feedback” means your comments, feedback, information, or other materials regarding the Sites and Services. “Force Majeure Event” means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs, or other industrial action by third parties, civil commotion, pandemic, riot, government orders, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.“Hard Breach” occurs where the daily loss limit objective for your Account is breached or exceeded. A Hard Breach is considered a rule violation and places a temporary suspension from trading for the remainder of the then-current trading session, which may become permanent at the sole discretion of AquaFutures.

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“Intellectual Property” means AquaFutures Site and Services, their contents, or any copyright, trademark, trade name, service mark or any other proprietary information of AquaFutures.“Linked Website” means any website owned by a third party to which or from which AquaFutures Site is linked. “Marks” means, collectively, the trademarks, service marks, slogans, logos, trade dress, and other identifiers displayed on AquaFutures Site and Services, or otherwise used by AquaFutures.“Orders” means requests for subscriptions or other services which are placed through the Sites orServices or through a third-party. “Personal Data” means any information relating to an identified or identifiable natural person or any information that is used for the behavior profiling of a particular natural person, if that person is identified. “Services” means, as applicable, the services as listed on the AquaFutures Site or offered by an applicable affiliate of AquaFutures.“Simulated Account” means an account using real-time simulated Data and any accounts relating to tracking education courses provided by AquaFutures including those described in Section 7. Trades in a simulated account are not made in live markets and do not incur actual profits or losses. “Sites” means AquaFutures Websites, software, applications, online services, and products. “System” means the integrated cloud computing solution for providing the AquaFutures Services, including applications, software, hardware, databases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith. “Terms” means the terms and conditions contained in these Terms of Use and all other operating rules, policies (including, without limitation, our Privacy Policy at www.aquafutures.io and any future modifications thereof, and procedures that may be published from time to time on the Sites or Services or made available to you on or through the AquaFutures Services.“Third Party Services” means products or services that are not under the control of or maintained by AquaFutures or that are not otherwise provided by AquaFutures.“AquaFutures” means Aqua Funds Consulting FZCO, a United Arab Emirates Freezone company.“AquaFutures Trading means a Simulated Account used for experiential learning where a User is provided tools to develop trading skills, with such User’s performance being evaluated for the opportunity to get funded with the trading capital of AquaFutures or advance to another product or service offered by AquaFutures.“AquaFutures Parties” means AquaFutures, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each.“AquaFutures Products and Content” means the Website, Services, System, Content, and all other content, services and/or products available on or through the Sites.

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“User Content” means blogs, comments, or other content submitted or posted by a User that is intended for public display on any of AquaFutures Sites or Services.“User Credentials” means the unique email/username and password combination.“User Section” means the user interface located on the Website.“Website” means the compilation of all web documents (including images, php and html files) made available via the domains www.aquafutures.io or sub domains or domains with identical names under other domains and owned by AquaFutures.

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2. CONTACT INFORMATION/DESIGNATED AGENT

If you have any questions or comments or seek any additional information on AquaFutures, please contact our support team. You may also call us at ____________ or write to us at: Aqua Funds Consulting FZCO, __________________________. Inquiries or other correspondence for the Designated Agent should be sent to the above mailing or electronic address. You acknowledge that all communication from AquaFutures or its affiliates in connection with the provision of Services will take place through your e-mail address, which you register with us. Written electronic communication by e-mail or through the User Section is also considered to be written communication.

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3. SERVICES

The AquaFutures Trading is a Simulated Account where your performance is evaluated for the opportunity to get funded with the trading capital of AquaFutures or advance to another product or service offered by AquaFutures, either of which shall be governed pursuant to separate or supplemental written agreement. Please click go to our website further information regarding the Services as they relate to the AquaFutures Trading.

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 User Section and your Account and allow you to access the applicable Sites and Services.

The Services include products that may differ in scope based upon your Account (e.g., by analytical tools available to you). All Data that you provide to us through registration, your Account, 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 Account. You are responsible for all the provided Data being accurate and up-to-date; AquaFutures 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 Account details, or if you state that you are a legal entity, the provisions of the Terms or the applicable law that grant rights to consumers will not apply to you.

The fee for the AquaFutures Trading varies according to the option selected and depends on buying powers and parameters that must be fulfilled so that the conditions and objectives of the AquaFutures Trading are met. The final fee will be determined based on the option you select when completing the form for ordering the AquaFutures Trading. The fee is paid for allowing you to access AquaFutures Trading and any Services or educational resources provided in connection therewith. You are not entitled to a refund of the fee, for example, if you cancel your Account or request the cancellation by e-mail, if you terminate the use of the Services prematurely (for example, fails to complete the AquaFutures Trading), you fail to meet the conditions of AquaFutures Trading or if you violate the Terms in any manner. If you lodge an unjustifiable complaint regarding the paid fee or disputes the paid fee with your bank or payment service AquaFutures (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, AquaFutures is entitled, at its own discretion, to stop providing to you any Services and refuse any future provision of any Services. Any Data entered in your registration 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 registration. AquaFutures will confirm the receipt of your order to your e-mail address. In the case of the AquaFutures Trading, the order is completed upon the payment of the fee forthe selected option, whereby the contract between you and AquaFutures is executed, the subject of which is the provision of the AquaFutures Trading.You acknowledge that in order to use our Services, you must obtain the appropriate technical equipment and software, including third-party softwareat 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. AquaFutures does not warrant or guarantee that the Services will be compatible with any specific equipment or software.You acknowledge that the operators of trading platforms are persons or entities different from AquaFutures and that their own terms and conditions and privacy policies will apply when you use their services and products. Before engaging in any of the Services, you are obligated to read those terms and conditions and privacy policies as well as any other requirements they have.

In order that AquaFutures is able to deter and stop gambling type behavior, if you place an unusually large number of orders for the Services within an unreasonably short period of time (e.g., in excess of 3 resets in a given 24-hour period or having multiple AquaFutures Trading), we reserve the right to suspend any further orders of the Services by you. If we identify that the unusual behavior relates to the User’s involvement in Prohibited Conduct (see Section 27), we reserve the right to determine, at our own discretion, the nature of the behavior described and reasonable consequences, including, without limitation the immediate termination of your access to the Sites and Services. A core tenant of AquaFutures mission is to educate Users and hone their skills to develop healthy trading habits. AquaFutures aims to provide a safe environment for Users to engage in Simulated Trading and reserves the right to take any action it deems prudent to deter any Use for engaging in gambling type behavior or other actions which AquaFutures, in its sole discretion, deems in conflict with its mission and values.

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4. ELIGIBILITY; COMMODITY FUTURES TRADING COMMISSION DISCLAIMER

CFTC RULE 4.41 – ALL HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE THE RESULTS SHOWN IN 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 OR HYPOTHETICAL 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 PROFITS OR LOSSES SIMILAR TO THOSE BEING SHOWN. The Sites and Services include access to tools for simulated exchange trading or trading with other instruments on other financial markets, the provision of analytical tools, training and educational materials, and other ancillary services. 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 Simulated Trading are fictitious and that you have no right to possess those fictitious funds beyond the scope of their use within the Sites and 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 fictitious trading, nor will you be required to pay any losses.

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, irrespective of whether your parent or guardian consents to your use of the Site or Services, you may not utilize the Sites or Services.

You represent and warrant that you have not been convicted of a felony, disciplined by the National Futures Association, or disciplined by the U.S. Commodity Futures Trading Commission. You represent and warrant that you do not have an outstanding balance with a trading firm. If you are a convicted felon, have been disciplined by the National Futures Association, have been disciplined by the U.S. Commodity Futures Trading Commission, or have an outstanding balance with a trading firm, you are not eligible to use the Sites or Services. 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.

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms of Use, you may not enter into this agreement or use the AquaFutures Products and Content. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services (such as the Sites and Services) offered by the AquaFutures Products and Content, you may not enter into this agreement oruse the AquaFutures Products and Content.  By using the AquaFutures Products and Content, you are explicitly stating that you have verified in your own jurisdiction if your use of the AquaFutures Products and Content is allowed. We make no—and you acknowledge that we make no—representation that materials on the AquaFutures Products and Content are appropriate or available for use in all locations.  Those who choose to access the AquaFutures Products and Content do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the AquaFutures Products and Content, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other item provided. You may not, without our prior written consent, access AquaFutures Products and Content (a) for production purposes, (b) if you are a competitor of AquaFutures, (c) to monitor the availability, performance or functionality of the AquaFutures Sites or Services, or (d) for other benchmarking or competitive purposes.

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5. NOT A BROKER-DEALER

You acknowledge and agree that we are not a broker-dealer, as such term is used in United Statesfinancial services regulations, and that we do not trade securities on our or another party’s behalfas part of the Sites or Services, nor do we directly offer any financial advice of our own as part of the Sites or Services. You acknowledge and agree that we are not liable for any losses or gainsthat may arise from your reliance upon information provided through the Sites or Services or your interaction with other Users.

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6. RELIANCE ON INFORMATION SHOWN ON OUR SITES OR SERVICES (CONTENT PROVIDED BY AF FUTURES)

The information presented on or through the Sites or Services includes financial and market information. Such information is made available solely for entertainment and general information purposes. We do not warrant the accuracy, completeness, timeliness or usefulness of such information and such information has not been verified. Any reliance you place on such information is strictly at your own risk. We do not invite that any action be taken upon the information we provide. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Sites or Services, or by anyone who may be informed of any of its contents.

The information presented has been prepared without regard to individual investment objectives, financial situations or means. Such information is not intended to constitute investment advice and is not designed to meet your personal financial situation. Many of the investments described on or through our Sites or Services involve significant risks, and any discussion of risks contained on the Sites or Services should not be considered a complete discussion of risks involved. We recommend that you consult with your financial advisers about investment options and whether any investment may be appropriate for your specific needs prior to making any investments. You acknowledge and agree that you have sole responsibility for your investment decisions and that you should not rely solely on any information provided through the Sites or Services with regard to any investment decisions you make.

The information and material provided on the Sites or Services is not to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product, or instrument, or to participate in any particular trading strategy.We use reasonable efforts to maintain the Sites or Services, but we are not responsible for any defects or failures associated with the Sites or Services, any content posted on the Sites or Services, any widgets or similar applications use, or any damages (including lost profits or other consequential damages, even if we have been informed of the same) that may result from any such defects or failures. The Sites or Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which we may undertake from time to time, or (c) causes beyond the control of AquaFutures or which are not foreseeable by AquaFutures.

Our Sites or Services include content provided by third parties, including materials provided by other users, company owners, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in any such materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Any such materials do not necessarily reflect our opinion and have not been verified by us. The information in such publications may become outdated, and we have no obligation to update it. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties whether shown on the Sites or Services or otherwise. If any of our Sites or Services contain links to other sites and resources provided by third parties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Websites linked to our Sites or Services, you do so entirely at your own risk and subject to the terms of use for such Websites. We encourage you to read the privacy policy for each website, application, and service you visit, use, or interact with.

AquaFutures does not promote any financial instruments on the Sites or Services. AquaFutures does not receive any compensation from companies whose financial instruments appear on the Sites or Services. We take no responsibility and assume no liability for any User Content. We have no obligation to pre-screen or monitor User Content. We reserve the right, upon notification or flagging from a third party, to delete or edit User Content, in whole or in part, in our sole discretion at any time and without notice.

THE SITES AND SERVICES ARE NOT, AND MAY NOT BE CONSIDERED, INVESTMENT SERVICES. AF FUTURES 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 SITES, SERVICES OR OTHERWISE, OR ANY OTHER SIMILAR INFORMATION ABOUT THE INVESTMENT TOOLS TRADED, NOR DOES AF FUTURES ACCEPT ANY SUCH GUIDANCE, INSTRUCTIONS, OR INFORMATION FROM YOU. NONE OF THE SITES OR SERVICES CONSTITUTE INVESTMENT ADVICE OR RECOMMENDATIONS. NO EMPLOYEES, STAFF, OR REPRESENTATIVES OF AF FUTURES ARE AUTHORIZED TOPROVIDE INVESTMENT ADVICE OR RECOMMENDATIONS. SHOULD ANY INFORMATION OR STATEMENT OF ANY EMPLOYEE, STAFF, OR REPRESENTATIVES OF AF FUTURES BE INTERPRETED AS INVESTMENT ADVICE OR RECOMMENDATIONS, AF FUTURES EXPLICITLY DISCLAIMS THAT THE SAME IS INVESTMENT ADVICE OR RECOMMENDATIONS AND SHALL NOT BE
RESPONSIBLE FOR THEM ALL CONTENT PRESENT ON THE SITES AND SERVICES IS PROVIDED “AS IS,” WITHOUT ANY WARRANTIES CONCERNING THE CONTENT’S NATURE OR ACCURACY, EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, AND ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.

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7. COMMODITY FUTURES TRADING COMMISSION DISCLAIMERCFTC RULE

4.41 – ALL HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE THE RESULTS SHOWN IN 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 OR HYPOTHETICAL 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 PROFITS OR LOSSES SIMILAR TO THOSE BEING SHOWN. The Sites and Services include access to tools for simulated exchange trading or trading with other instruments on other financial markets, the provision of analytical tools, training and educational materials, and other ancillary services. 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 Simulated Trading are fictitious and that you have no right to possess those fictitious funds beyond the scope of their use within the Sites and 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 fictitious trading, nor will you be required to pay any losses

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8. USER SECTION

Except as expressly contemplated in advancing past the AquaFutures Trading, you may not transfer or combine your Account’s performance, service parameters, Data, or any other information between products or with any other User.

Access to your Account and the Services is protected by login Data, which you are prohibited from making available to, or sharing with, any third party. If you are registered as a legal entity, the Sites and Services may be used by the User’s employees and representatives. The User is responsible for all activities that are performed through the User’s Account. AquaFutures bears no responsibility, and the User is not entitled to any compensation, for any misuse of any part of the Sites and Services, nor is AquaFutures responsible for any negative consequences thereof.

The User acknowledges that the availability of the Sites and Services is not guaranteed and is subject to unavailability due to maintenance, upgrades, or any other reasons. In particular, AquaFutures bears no responsibility, and the User is not entitled to any compensation, for the unavailability of its Account and for damage or loss of any Data or other content that is uploaded, transferred, or saved on the Sites and Services.

You may terminate your Account at any time by contacting our support team. AquaFutures will confirm the receipt of the request to the User by e-mail, and the contractual relationship between the User and AquaFutures will be terminated as of the date of the confirmation email. The User is not entitled to any refund of any fees or costs, and all fees are final, non-cancelable, and non-refundable.

Users may perform any simulated trading in the AquaFutures Trading, other than any such transaction which constitutes Prohibited Conduct (as such term is defined below). 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 that you have selected for trading.

You acknowledge that AquaFutures has access to information about the trades that you perform on the Sites. You grant AquaFutures the right to share this information with its affiliates and use any such Data relating to your activity in the Site and Services for its legitimate business purposes. You agree that these activities may be performed automatically without any further consent, consultation, or approval on your part, and that you are not entitled to any remuneration or revenue associated with the use of the Data by AquaFutures.

AquaFutures bears no responsibility for the information displayed on the Sites or Services, nor for any interruption of, or delay or inaccuracy in the market information displayed through your Account. You agree to apply market standard risk management rules for trading on financial markets at all times while using the Sites and Services. You acknowledge that these standards are not met where you open substantially (i) larger position sizes compared to your other trades, or (ii) smaller or larger number of positions compared to your other trades.

AquaFutures reserves the right to determine, at its own discretion, whether certain trades, practices, strategies, or situations are Prohibited Conduct. If you engage in any of Prohibited Conduct, AquaFutures may:

• (a) Consider it as a failure to meet the conditions of the particular AquaFutures Trading.
• (b) Remove the transactions that violate the prohibition from your trading history and/or not count their results in the profits and/or losses achieved by such Simulated Trading.
• (c) Immediately cancel all Services provided to you and subsequently terminate this Agreement and your Account.

If the User engages in any Prohibited Conduct, AquaFutures may prevent the User from accessing any or all Sites and Services, including the Account and the Sites, without any compensation or refunds. AquaFutures is not responsible for trading or other investment activities performed by you or otherwise related to the Services in real trading on financial markets, except as expressly agreed upon pursuant to any supplemental or separate written agreement.

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 USER’S SIMULATED TRADING ARE NOT A GUARANTEE OR INDICATION OF ANY FURTHER PERFORMANCE.

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9. AF FUTURES TRADING

After paying the fee for the selected option of the AquaFutures Trading, the User will receive the relevant login Data at the e-mail address provided by the User. If you do not activate the AquaFutures Trading 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 User Section or by contacting our support team 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.

In order to graduate from the AquaFutures Trading, a User has to meet all profit targets, following applicable Trading Rules (defined in Section 26) and account parameters applicable to User’s Account for the applicable AquaFutures Trading, which remain subject to adjustment and change from time to time, without notice. A current schedule of Trading Rules and account parameters is detailed on our website.

If during the AquaFutures Trading the User does not comply with some of the conditions specified in the paragraph above, the AquaFutures Trading will be evaluated as unsuccessful without refund. If the User wishes to continue Simulated Trading, they will be required to reset for a new Simulated Account at then-current rates.

If you are successful in graduating from the AquaFutures Trading, you will be offered the opportunity to get funded with the trading capital of AquaFutures or advance to another product or service offered by AquaFutures (pursuant to AquaFutures’ sole discretion), either of which shall be governed pursuant to a separate or supplemental written agreement.

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10. THIRD-PARTY SERVICES

Our Sites or Services may refer to Third Party Services. These Terms do not apply to such Third Party Services, and we encourage you to read the terms and conditions for each website, application, and service you visit, use, or interact with (including, without limitation, Third Party Services). You are responsible for performing your own due diligence and evaluating whether any Third Party Services are appropriate for you.

You agree that AquaFutures is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing or using such Third Party Services. If you access, visit, or use any Third Party Services referred to on our Sites or Services, you do so at your own risk.

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11. DISCLAIMER OF WARRANTIES

AF FUTURES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE AF FUTURES PRODUCTS AND CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AF FUTURES DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATIONS OF AF FUTURES SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT AF FUTURES SITES OR SERVICES, ITS SERVERS, OR ANY E-MAIL SENT FROM AF FUTURES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

AF FUTURES DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITES OR SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, AF FUTURES SPECIFICALLY DISCLAIMS SUCH WARRANTIES. BY USING THE SITES OR SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES OR SERVICES.

You acknowledge that the Sites and Services, and other content are provided “as is” with all their errors, defects, and shortcomings, and that their use is at your sole responsibility and risk.

Without limiting the above, to the maximum extent permitted by law, AF FUTURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY WITH REGARD TO ANY LINKED WEBSITE. AF FUTURES DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE.

The information, products, software, or service descriptions published on our Sites, Services, or on a Linked Website may include inaccuracies or typographical errors. AF FUTURES DISCLAIMS LIABILITY for such errors and does not warrant or represent that the content on our Sites, Services, or a Linked Website is updated or complete. AF FUTURES has no obligation to update any content on our Sites or Services and may change or improve our Sites or Services at any time without notice.

We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made through our Sites or Services by any party other than us.

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12. LIMITATION OF LIABILITIES

IN NO EVENT WILL AF FUTURES, ITS PARENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES, OR THE RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS OF EACH BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST OR CORRUPTED DATA OR LOST OPPORTUNITY, NOR MONETARY HARM OR PROPERTY DAMAGE EVEN IF YOU OR ANY OTHER PERSON HAS NOTIFIED US ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE, OR CONTENT OF OUR SITES OR SERVICES OR A LINKED WEBSITE OR IN RELIANCE ON ANY TOOL, FUNCTIONALITY, INFORMATION, OR OTHER CONTENT AVAILABLE IN CONNECTION WITH THE SITES OR SERVICES, WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law. If you are dissatisfied with any portion of the Sites or Services, or with any of the Terms, your sole and exclusive remedy is to discontinue using the Sites and/or Services.

AquaFutures reserves the right to modify, change, replace, add, or remove any elements and functions of the Sites and/or Services at any time without any compensation. AquaFutures is not responsible for its failure to provide the Sites and/or Services if that failure occurs due to technical or operational reasons beyond AquaFutures’ control, including, without limitation, if due to Force Majeure Events or if AquaFutures is prevented from providing the Sites and/or Services as a result of any obligations imposed by law or a decision of a public authority.

AF FUTURES IS NOT RESPONSIBLE FOR ANY PRODUCTS, SERVICES, APPLICATIONS, OR OTHER THIRD-PARTY CONTENT THAT YOU USE IN CONNECTION WITH THE SITES OR SERVICES.

IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THESE TERMS OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR SERVICE OR THE USE OR PERFORMANCE THEREOF, EXCEED THE GREATER OF:

• (a) The amount paid by you to AF FUTURES in the immediately preceding month for AF FUTURES products or services, or
• (b) $100.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

This limitation on liability includes transmission of viruses that infect your equipment, mechanical or electronic equipment failure, failure of communication lines, telephone, or other interconnects, unauthorized access, theft, operational errors, or any Force Majeure.

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13. PURCHASES; CREDIT CARD AND OTHER FINANCIAL INFORMATION

Certain Sites of AquaFutures allow Users to place Orders. Upon placing an Order, you shall pay AquaFutures the purchase price as set forth in the “Order Summary” page or similar ordering mechanism. AquaFutures, its third-party affiliates, and/or service providers may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order.

Upon the purchase of an Order or other service rendered by AquaFutures through the Sites or Services, you acknowledge that AquaFutures will provide availability and access to the service requested. Your participation in, or failure to use, such purchased service does not entitle you to a refund.

Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and AquaFutures reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an Order has been submitted and whether or not the Order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, AquaFutures will issue you the appropriate credit within a reasonable time after your Order has been revoked.

Service charges are inclusive of all taxes. Users are responsible for tax obligations, if any, in connection with the use of our Services in accordance with applicable law.

AquaFutures accepts payments via credit and debit card through our Sites or Services and utilizes the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. For more information, please see our privacy policy on our website. Certain Credit Card and Debit Card Information will be encrypted and received via a secure page.

You represent and warrant that you are an authorized signatory of the credit or debit card or other method of payment that you provide to AquaFutures or its third-party payment processor to pay any fees or taxes related to your purchases of products or services through our Sites or Services.

If you are directed to a third-party website to make purchases, your purchase will be governed by the terms of such third-party website. If you desire to supply Credit or Debit Card Information, Personal Data, or financial information to any third-party service provider or to any Linked Website, you do so at your own risk and discretion. We strongly recommend you review the terms and conditions and privacy policy of any third party before providing such information. AquaFutures is not responsible should you provide such information to any third party and is not responsible for the use of such information by any third party.

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14. PROMO CODE USAGE

From time to time, and at AquaFutures’ sole discretion, AquaFutures may provide you with the ability to access, use, or receive promo codes. Promo codes provided by AquaFutures can only be used by the user to whom the promo code was provided or shared with, and the promo code (including, without limitation, any applicable discount associated with such promo code) can only be used or leveraged a single time (unless otherwise stated by AquaFutures). Each promo code is a single-use offer.

Any use of a promo code (including, without limitation, any applicable discount) other than as originally intended and permitted under the terms applicable to that promo code, or otherwise in violation of these Terms of Use, is strictly prohibited. Promo codes (including, without limitation, any applicable discount associated with such promo code) provided, shared, or otherwise granted to you by AquaFutures can only be used for your personal use.

Abuse of promo codes will not be permitted. Promo codes have no monetary value and cannot be redeemed for cash or transferred for monetary value.

To receive a promo code, you may be required to provide AquaFutures with certain information, as further described in our privacy policy. Additionally, certain promo codes may only be available to specific users, such as those with an AquaFutures profile or account. Promo codes may be subject to additional terms and conditions.

You are prohibited, and are prohibited from having any third party:

• Use any promo code in an unauthorized or unethical manner.
• Use any promo code or applicable discount more than a single time, for multiple purposes, or to obtain free services.
• Use any promo code other than under your personal account.
• Share any promo code with a third party, including, but not limited to, other users or to the public via social media or public channels.
• Sell promo codes or attempt to commercially exploit the promo codes on behalf of yourself or a third party.
• Purchase promo codes from third parties.
• Trade promo codes.
• Exploit any loopholes in the promo code system.
• Copy promo codes for multiple purposes or multiple accounts.

Our Privacy Policy applies to any provision of promo codes by AquaFutures. Additional restrictions may apply. Please read the details of each promo code offer, as the restrictions and terms may vary. We reserve the right to modify, suspend, impose conditions on, or cancel offers for promo codes at any time without notice. If the rules and restrictions specific to a promo code conflict with these Terms of Use, the promo code rules and restrictions shall apply.

Promo codes will be delivered to you or otherwise made available to you (if applicable) through means made available by AquaFutures, including, for example, through email, live chat, or AquaFutures platform.

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15. LINKING TO OUR SITES

You may link to our Sites or Services, provided that:
(a) You do so in a way that is fair, in compliance with all applicable laws, rules, and regulations, and does not damage our reputation; and
(b) You shall not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

We reserve the right to revoke your permission to link to our Sites or Services at any time and for any reason.

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16. RESTRICTED SITES AND PASSWORDS/USER REGISTRATION

Certain functionality of the Sites or Services is limited to Users who have registered an Account for the applicable services. Such Users will have unique User Credentials issued for their Account.

• Accuracy of Information: You represent and warrant that all Account information is truthful and accurate, and you will update such information to ensure its accuracy. You represent and warrant that you have provided a valid email address at the time of registration.
• Personal Information: You agree that all information you provide to register with our Sites or Services, or otherwise, is governed by our privacy policy, and you consent to all actions we take with respect to your information consistent with our privacy policy. You may update your personal information through our Sites or Services or by contacting us via the contact information provided in the Terms.

Users are responsible for the confidentiality of their User Credentials and shall be responsible and liable for access to or use of the Sites or Services by such User or any other person using such User Credentials (whether or not such access has been authorized).

• Account Security: You agree to immediately notify AquaFutures if you learn of, or have reason to suspect, any unauthorized use of your account or any other breach of security.
• Account Ownership: Your Account is personal to you, and you are only permitted to have one Account. Your Account cannot be sold, transferred, assigned to, or shared with any other party outside of yourself in your personal and individual capacity. If AquaFutures determines that you have opened multiple Accounts, we reserve the right to suspend or terminate your Account and any subsequently created Accounts.

AquaFutures reserves the right to refuse to grant User Credentials to any individual for any reason, including if such User impersonates someone else, is protected by trademark or other proprietary rights law, or is vulgar or offensive.

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17. SUBMITTING CONTENT OR COMMENTS ON OUR SITES (CONTENT PROVIDED BY YOU)

If you submit User Content, you agree to abide by these Terms.

You shall not submit User Content on our Sites or Services that is:

• Illegal or Profane: Indecent, profane (either directly or indirectly through partially obscured words, letters, or phrases), threatening, defamatory, derogatory, or injurious to AquaFutures or any third parties.
• Commercial: Constitutes commercial solicitation or advertising (except where pre-approved in writing by AquaFutures), or consists primarily of unsolicited electronic mass mailing.
• Harassing or Abusive: Abusive or harassing to any person, or contains Personal Data about others (such as full name, postal address, email address, etc.).
• Obscene or Offensive: Contains obscene, objectionable, offensive, tortious, deceptive, fraudulent content, or invasive of another’s privacy or publicity rights.
• Virus/Destructive: Contains viruses, worms, spyware, Trojan horses, or other computer code designed to interrupt, impair, or destroy the functionality of any computer software or hardware or telecommunications equipment.
• Intellectual Property Violation: Infringes on any intellectual property rights, such as copyrights or trademarks.
• Impersonation: You are prohibited from impersonating any other individual or entity or misleading any person or entity about the origin of your content.

You agree to disclose any conflict of interest or financial relationship with any company or financial instruments mentioned in the User Content. You shall not submit content with the intent to manipulate the price of a financial instrument or trade based on such manipulation.

You shall not submit content that violates any applicable law, including U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission regulations.

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18. CONTENT LICENSE

By submitting User Content, you grant AquaFutures an unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up, and royalty-free right and license (the “License”) in any form or format, in whole or in part, to host, store, maintain, use, reproduce, distribute, display, publish, modify, prepare derivative works of, and otherwise exploit all or any portion of such User Content on the Sites or Services and on any other websites, channels, or distribution platforms, for any purpose whatsoever, without accounting, notification, credit, or other obligation to you. This includes the right to license, sublicense, and authorize others to exercise any of the rights granted hereunder, in AquaFutures’ sole discretion. All rights, licenses, and privileges granted hereunder are immediate upon submission of User Content and shall continue perpetually and indefinitely. Any information you wish to remain private should not be submitted as User Content.

Furthermore, your submission of User Content signifies your representation and warranty of the following:

• You have the right to submit the User Content and grant the License as described.
• No further licenses, royalties, or permissions will be needed from a third party to use your User Content as described herein.
• User Content does not infringe on any third party’s rights, including intellectual property and privacy rights.
• User Content complies with these Terms and all applicable laws.

19. INTELLECTUAL PROPERTY, TRADEMARKS, AND COPYRIGHTS

The AquaFutures Sites or Services, and their entire contents, features, and functionality (including all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by AquaFutures, its licensors, or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties. You shall not challenge the ownership or rights in AquaFutures Sites or Services or any component thereof.

You are granted a personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, limited, and revocable right to access, use, display, and navigate our Sites and Services solely for your personal, non-commercial, and non-public use. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our material, except for personal, non-commercial, and non-public use. You shall not use any part of our Sites or Services for commercial purposes.

If you print, copy, modify, download, or otherwise use or provide any other person access to any part of our Sites or Services in breach of these Terms, your right to use AquaFutures Sites and Services will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Sites or Services or any content on our Sites or Services is transferred to you, and all rights not expressly granted herein are reserved by AquaFutures. ALL RIGHTS RESERVED.

Any use of our Sites or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, trade secret, and other laws.

The Marks displayed on our Sites and Services are the property of AquaFutures unless otherwise disclosed, and any rights not expressly granted herein are reserved. ALL RIGHTS RESERVED. You are prohibited from using, removing, or altering any Marks for any purpose, including use on other materials, in presentations, as domain names, or as meta-tags, without our written permission.

Except as expressly provided above, no intellectual property displayed on AquaFutures Sites or Services or on any of the Content may be reproduced, altered, removed, transmitted, published, or distributed, whether electronically, mechanically, by photocopy, recording, or otherwise, without prior written permission from AquaFutures. Use of any AquaFutures trademarks as meta-tags on any third-party site is strictly prohibited. You may not co-brand our Sites or display our Sites in frames (or any of the Content via in-line links) without prior written permission from AquaFutures. You agree to cooperate with AquaFutures to stop any unauthorized co-branding, framing, or linking immediately. You may not remove, modify, or alter any copyright, trademark, or patent notice from any product delivered by us. You agree not to undertake any action that will interfere with or diminish AquaFutures’ right, title, or interest in its Intellectual Property.

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20. DIGITAL MILLENNIUM COPYRIGHT ACT

The following policy has been adopted pursuant to the Digital Millennium Copyright Act (found at http://lcweb.loc.gov/copyright/legislation/dmca.pdf).

The address of the Designated Agent can be found above in Section 2. If you believe that content or material provided through the Sites or Services infringes a copyright, please send a notice containing the following information to the Designated Agent:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the material claimed to have been infringed or, if multiple works, a representative list of such works.
• Identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of copyright infringement claims may be reached via the contact information set forth in Section 2 of these Terms of Use.

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21. TERMINATION

Users may terminate receipt of any free service publications at any time by sending AquaFutures a request for removal from the relevant distribution list. All free service publication emails will include a link allowing a User to unsubscribe. If you wish to terminate receipt of such publications, please use the link on the attached email or see the contact information provided in Section 2.

AquaFutures reserves the right to refuse to permit or to terminate your access to any of the AquaFutures Sites or Services at any time at its sole discretion. Such termination may result from a violation of the Terms or other referenced agreements, unauthorized use or reproduction of any publication or information, or any or no reason, all determined in AquaFutures’ sole discretion. If such access is refused or terminated, you agree you will not attempt to establish a new Account under any name, real or assumed. All provisions of these Terms shall survive termination, including ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

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22. JURISDICTION AND ENFORCEABILITY

PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES MANDATORY ALTERNATIVE DISPUTE RESOLUTION PROCESSES INSTEAD OF LITIGATION AND AFFECTS LEGAL RIGHTS YOU MAY OTHERWISE HAVE.

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Disputes & Arbitration

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PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. You may choose to be represented by a lawyer in arbitration or proceed without one. This arbitration provision shall survive termination of this agreement. If, however, either the class action waiver or coordinated claims provision below are found invalid, then the specific invalid provision will be unenforceable and will be severed, and the remainder of the arbitration provisions will remain in full force.

In the event the parties are not able to resolve any dispute, claim, or controversy, including those known or unknown that may be later discovered, between them arising out of or concerning these Terms or any provisions hereof, or other agreements on the Site, other agreements between us, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, whether in contract, tort, or otherwise, at law or in equity for damages or any other relief, legal or equitable, then such dispute shall be resolved only by final and binding arbitration pursuant to the International Centre for Dispute Resolution in accordance with its International Arbitration Rules (“ICDR”), conducted by a single neutral arbitrator and administered by the ICDR as those Rules exist on the effective date of this Agreement. If the arbitrator finds this location of arbitration unreasonably burdensome to you, a new location may be selected in a location mutually agreed upon by the parties, or the arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. The following conditions for arbitration will apply:

1. There will be a panel of one (1) arbitrator.
2. The place of arbitration shall be Dubai, United Arab Emirates.
3. The arbitration shall be held, and the award rendered, in English.
4. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
5. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.

If you elect to seek arbitration, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to:

Aqua Funds Consulting FZCO
Address: Dubai Silicon Oasis, DDP, Building A2, Dubai, United Arab Emirates
Email Address: [email protected]

If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your account or to an address we have on file. A Notice, whether sent by you or by us, must:
(a) Describe the nature and basis of the claim or dispute; and
(b) Set forth the specific relief sought (“Demand”).

If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. Arbitration forms can be downloaded from http://www.icdr.org.

Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING BUT NOT LIMITED TO A PRIVATE ATTORNEY GENERAL ACTION. CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, unless both you and AquaFutures agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

If this specific provision is found to be unenforceable, then the entirety of this Class Action Waiver and the Disputes & Arbitration provisions shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

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23. Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by a Force Majeure Event. Our obligations under these Terms will be suspended, and the time for performance of our obligations will be extended for the duration of a Force Majeure Event.

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24. Violation of These Terms

IF THE USER OR VISITOR VIOLATES ANY PROVISION OF THESE TERMS, INCLUDING BY ACCESSING THE SERVICES IN CONFLICT WITH THIS AGREEMENT, PROVIDING INCOMPLETE, UNTRUE, OR NON-UPDATED INFORMATION, OR ACTING IN A MANNER THAT (A) MAY CAUSE AquaFutures RISK OF OR ACTUAL REPUTATIONAL DAMAGE, OR (B) VIOLATES THE TRADING RULES, AquaFutures MAY PREVENT COMPLETELY OR PARTIALLY RESTRICT YOUR ACCESS TO ANY OR ALL OF THE SITES AND/OR SERVICES, WITHOUT ANY PRIOR NOTICE AND WITHOUT ANY COMPENSATION OR REFUNDS.

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25. Waiver of Class Action Rights

PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES A WAIVER TO YOUR ABILITY TO PARTICIPATE (AND THE RIGHTS YOU MAY HAVE IN) A CLASS ACTION AND JURY TRIAL.

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT:
(A) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND
(B) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

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26. Indemnification

‍You agree to indemnify, defend, and hold harmless the AquaFutures Parties, for all costs, liabilities, and legal fees, from any claim or demand made by any third party arising out of or relating to:
(a) Your access to or use of our Sites or Services,
(b) Your violation of the Terms or applicable law,
(c) The infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity,
(d) Any funding of your account from any source and any payment methods used.

AquaFutures reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of AquaFutures. AquaFutures will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

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27. PROHIBITED CONDUCT

Activity in the AquaFutures Trading is subject to the functioning of a real market. Taking advantage of the simulated environment to gain an edge in AquaFutures Trading is not permitted. By way of example, slippage, preferential order in the queue, market gaps, and high volume of trades within short periods of time are areas you are not permitted to take advantage of in AquaFutures Trading.

Trading activity in AquaFutures Trading that knowingly or unknowingly circumvents targets and rules or generates profits that could not otherwise be achieved in live market trading is a violation of the Terms. In the event of such actions, AquaFutures retains the right to:

• Reject any claims of passing or advancing in AquaFutures Trading
• Render your account ineligible
• Prohibit you from further use of any of AquaFutures’ site or services

If you are found to have profited from taking advantage of the simulated environment to gain an edge in your AquaFutures Trading at any time you have graduated past AquaFutures Trading, or otherwise deemed to have engaged in other Prohibited Conduct (defined below), you will not be entitled to receive any withdrawals from any other account maintained with AquaFutures. All such accounts will be forfeited and closed immediately.

Prohibited Conduct

In connection with the use of the Site or Services, the user is prohibited from the following activities (collectively, “Prohibited Conduct”):

• Using any trading strategy intended to exploit or create errors in the Services, such as errors in the display of prices or delay in their updates.
• Using any trading strategy that includes disruptive practices (as determined in AquaFutures’ sole discretion), including but not limited to spoofing strategies.
• Trading an excessive or unrealistic number of contracts within a single day.
• Performing trades at any time outside the best bid or offer.
• Performing trades using an external or slow data feed.
• Performing, alone or in concert with others, including between connected accounts or accounts held with different AquaFutures parties, trades or combinations of trades, the purpose of which is to manipulate, abuse, or give the user an unfair advantage while using the Site or Services. For example, this includes engaging in short-term or high-frequency trades or simultaneously entering into opposite positions.
• Performing trades in conflict with the terms and conditions of AquaFutures of the User Section and the terms and conditions of AquaFutures Trading.
• Using any software, artificial intelligence, ultra-high-speed, or mass data entry techniques that might manipulate, abuse, or give the user an unfair advantage while using the Site or Services.
• Otherwise performing trades in contradiction with how trading is actually performed in the applicable futures markets, or in a way that establishes justified concerns that AquaFutures might suffer financial or other harm as a result of the user’s activities.
• In concert with others, including between unconnected accounts and third parties, performing the same trading strategy (i.e., performing the same trades in the same time increments), the opposite strategy, or other activity meant to pool or hedge the risk of the aggregate, unconnected accounts.
• Using any instruments that may adversely affect the operation of the Site and Services or that would be intended to misuse any errors, bugs, or other deficiencies of the Site and Services.
• Circumventing geographical restrictions of availability or any other technical restrictions.
• Holding a position within 2% of a product’s lock limit.
• Trading on behalf of others, including but not limited to sharing any incentives as part of any business arrangement.
• Engaging in other conduct which, in the sole discretion of AquaFutures, represents uncommercial activity, is intended to game the market, or otherwise is not a viable trading strategy.

Trading Rules & Obligations

All use of the Site and Services, including trading in AquaFutures Trading, is subject to trading rules established by AquaFutures (collectively, “Trading Rules”), which are subject to change by AquaFutures in its sole and absolute discretion from time to time. The current Trading Rules are set forth on the Site. The user acknowledges and agrees that the user is solely responsible for staying current on the Trading Rules, which remain subject to change at any time and from time to time, with or without notice.

• Trading hours: Products may be traded during normal electronic trading hours unless otherwise indicated. The Daily Loss Limit is an objective for your account, and if broken, counts as a rule violation. If the Net P&L should hit or exceed the Daily Loss Limit during the trading day (5:00 PM CST to 3:10 PM CST), the account will hit a Hard Breach and will be auto-liquidated for the remainder of the then-current trading session. This means any open trading positions will be flattened, any pending orders will be canceled, and your account will be prevented from placing any new trades until the start of the next trading day (5:00 PM CST).
• Market close: Trading can only occur during normal electronic trading hours unless otherwise indicated by AquaFutures. Abbreviated holiday hours can be found on the AquaFutures website. All positions MUST be closed prior to 3:10 PM CST or prior to the market close, whichever is sooner. Traders are only permitted to trade permitted products by AquaFutures. For more information, please visit our help center.
• Excessive trades: Excessive or unrealistic single-day trades or single trade profits will be subject to review by AquaFutures for any possible violations of these Terms or Trading Rules or engaging in any Prohibited Conduct or Prohibited Uses.