User agreement

User agreement
Terms and definitions
Company
XPBee Trading LLC, registration number 3145 LLC 2023, registered at: Suite 305, Griffith Corporate Centre, P.O. Box 1510, Beachmont, Kingstown.

Client
Any individual or legal entity (excluding stateless persons; persons under 18 years old) who completes the client registration form and passes identification.

Client Registration Form
A form available on the Company’s website that the Client must complete to create a personal account.

Client Identification
A set of measures carried out by the Company to establish information about clients, their representatives, beneficiaries, and to confirm the accuracy of this data.

Website
https://xpbee.pro/

Personal Account
The Client's official personal space on the Company’s website, ensuring access to all services offered by the Company, including, but not limited to, trading and/or non-trading activities.

Trading Account
A unique personalized system for recording all completed transactions, open positions, orders, and operations for depositing/withdrawing funds on the Trading Platform.

Trading Platform
All programs and technical tools that provide real-time quotes and allow transactions to be conducted, orders to be placed/modified/removed/executed, and mutual obligations between the Client and the Company to be calculated. The Trading Platform consists of a Server and Client Terminal, including, but not limited to, the cTrader terminal.

Server
The cTrader terminal program used for executing orders or requests from the Client, providing real-time trading information (content is determined by the Company) while considering the mutual obligations between the Client and the Company.

Client Terminal
The cTrader terminal program used by the Client to obtain real-time information about financial markets (content determined by the Company), conduct technical market analysis, execute transactions, place/modify/remove orders, and receive notifications from the Company. The program can be downloaded for free from the Website.

Transaction
Any agreement concluded or executed by the Client or on behalf of the Client, arising in accordance with this Agreement.

Order
An instruction from the Client to the Company to open or close a position when the price reaches the specified Order Level.

Commission
A fee for services provided by the Company to its Clients.

Instrument
Any currency pair, spot metal, contract for difference, or other financial instrument offered by the Company.

Balance
The total financial result of all completed transactions and operations for depositing/withdrawing funds on the Trading Account.
General provisions
This User Agreement (hereinafter referred to as the Agreement) is concluded between the Company and the Client, hereinafter jointly referred to as the "Parties."

The subject of this Agreement is the mutual rights and obligations of the Parties arising from trading operations (hereinafter referred to as transactions) with financial instruments conducted by the Parties.

The Client must carefully review this Agreement. The Company assumes that the Client has read, understood, and accepted the terms of this Agreement.

The Company carries out the Identification and verification of the Client after receiving all the requested documentation and information from the Client.

The Client guarantees that at the time of entering into this Agreement:
- If the Client is an individual, they possess full legal capacity, understand the consequences and risks of the transactions conducted between the Parties.
- If the Client is a legal entity, they are duly registered in accordance with the jurisdiction of their country of registration.
- The execution of this Agreement does not violate the rights and interests of third parties.
- The information provided by the Client is current and accurate.
- The funds used by the Client to fulfill their obligations under this Agreement are of legal origin.

The Company reserves the right to accept or reject the Client's application based on the results of the internal review.
Services
Provided that the Client fulfills their obligations under this Agreement and complies with the Company's anti-money laundering (AML) and Know Your Customer (KYC) policies, the Company undertakes to provide the Client with the following services:
- Trading accounts;
- Trading platform;
- Personal account.

To create a personal account and open an account, the Client must complete the registration form on the Company’s website. To start using their Trading Account, the Client must deposit the minimum required amount.

Provided that the Client fulfills their obligations under this Agreement and complies with the Company’s Policies, the Company may enter into transactions with the Client for the Instruments listed on the Website.

The Company is not obligated to monitor or advise the Client on the status of any Transaction; to make margin calls; or to close any of the Client’s Open Positions. The Company adheres to a "pure execution" principle. The Company does not provide recommendations regarding specific Transactions or trades.
Settlement procedure. Commissions and other expenses
The physical delivery of foreign currency in trading operations is not carried out. Profits or losses from transactions are credited/debited from the Client's trading account balance immediately after the position is closed. Client funds are held in the Company's accounts, including accounts opened by the Company to hold Client funds separately from the Company's own funds.

The Client agrees that their deposit will be used as collateral for fulfilling the Client's obligations under this Agreement. The Company has the right to use the Client’s deposited funds to fulfill its obligations under this Agreement.

If the Client receives income from completed transactions, the deposit and the Client's income will be paid out.

If the Client incurs losses from completed transactions, the portion of the deposit subject to payout will be reduced by the amount of the loss and any actual expenses.

If the amount of funds payable by one Party exceeds the amount payable by the other Party, the Party with the larger debt is required to pay the other Party the difference remaining after settlement. The Parties' mutual financial obligations are terminated after the full settlement between the Parties.

The Client acknowledges and agrees that the Company will not pay interest on the funds held in the Client's accounts.

The Client is solely responsible for all documents, tax declarations, and reports related to any Transactions that must be submitted to any government or other authority, as well as for the payment of all taxes that arise as a result of conducting any Transaction.

The Client is obligated to pay the Company commissions, fees, and other expenses listed on the Website. The current commissions, fees, and other expenses are displayed on the Website. The Company periodically reviews the amount of commissions, fees, and other expenses without prior written notice to the Client. All changes are displayed on the Website, and the posting of such information on the Website is considered proper notification of the Client.
Account top-up
The Client may deposit funds into their trading account at any time. The Client is entitled to conduct trading operations only with the funds available in their trading account.

By making a payment through the Client’s Personal Account to the XPBEE electronic wallet, the Client tops up the balance of their trading account. The available methods for topping up the balance are listed in the Client’s Personal Account.

The payment is credited to the Client’s trading account after the Company receives confirmation of the transfer from the payment system, no later than 24 hours after the funds have been credited to the Company's account. The Company is not responsible for the Client’s financial losses if they were caused by a delay in the transfer due to a failure in the payment system. Third-party deposits into the Client’s trading account are not allowed. The Client is informed that if there is a discrepancy between the Client's data and the payer’s data, the Company has the right to refuse to credit the funds to the Client's trading account. Any expenses related to the return of funds to the sender are borne by the Client.

The Client bears the expenses associated with topping up the balance of their trading account. All currency risks arising from any Transaction or in connection with the Company fulfilling its obligations or exercising its rights under this Agreement are borne by the Client.

If the Client has an obligation to pay the Company an amount exceeding the balance in their trading account, the Client must pay the difference between the trading account balance and the amount owed within 2 (two) business days from the date the obligation arises.

The Client has the right to request a refund of the funds deposited into the trading account as a balance top-up if the Company fails to provide the services stipulated by this Agreement. To request a refund, the Client may contact the Company’s technical support.
Rights and obligations of the parties
The Company has the right to:
  • Send the Client requests for any information and documentation in order to implement this Agreement, as well as the Company's policies on anti-money laundering and combating the legalization of criminally obtained funds and client verification. If the Client refuses to comply with such a request, the Company reserves the right to terminate cooperation and unilaterally terminate this Agreement.
  • Block the Client's operations in the Personal Account and declare any Client operation invalid, closing one or more positions at the current price, if the Client no longer meets the requirements of section 1.6 of this Agreement, or if the Company has substantial grounds to believe that the Client's operations exhibit signs of money laundering or if law enforcement agencies are conducting an investigation into any of the Client's operations.
  • Disclose the Client’s personal data to law enforcement agencies upon receiving an official request.
  • Declare the Client’s transactions invalid and cancel all of their results if the Client has used software vulnerabilities of the Company to gain profit.
  • Unilaterally terminate this Agreement without explanation. Proper notification of the Client is considered to have occurred once the notification is posted in the Client’s Personal Account. The obligations of the Parties that arose before notifying the Client of the termination of this Agreement remain valid until the Parties fully fulfill their obligations.
  • Make changes to this Agreement by informing the Client about the changes and the effective date through a notification posted on the Website.
  • Adjust commissions, fees, and other charges without prior written notice to the Client. Posting such information on the Website is considered proper notification of the Client.
The Client has the right to:
  • Accept the terms of this Agreement, comply with the requirements, provide instructions, and fulfill the corresponding obligations.
  • Store, display, analyze, and modify information provided through the Trading Platform.
The Client is obliged to:
  • Ensure the security of their trading account and monitor its status.
  • Provide information and documentation in accordance with the Company's request.
  • Be responsible for the publication, reproduction, or transmission of information received through the Trading Platform, in whole or in part, to any third party without the Company’s consent.
The Company is not responsible for:
  • Informing the Client about the status of their trading operations, closing the Client's open positions, or requesting the replenishment of the trading account.
  • Failure to fulfill its obligations due to communication or Internet network failures.
  • Any actions or inactions of the Client.
  • The use of the Client's registration data by third parties. The Client is solely responsible for ensuring the security of passwords to the Trading Platform and Personal Account. All operations performed under the Client's registration data are considered to be executed on behalf of the Client.
Withdrawal of funds
The Client can track the balance of their trading account at any time through the Personal Account.

The Client can withdraw any amount at any time, provided it does not exceed the available funds in the Client's trading account.

Only the payment systems available in the Client’s Personal Account can be used to withdraw funds from the trading account. The Client’s personal data listed in the Personal Account must match the recipient's payment details.

The Company may reject the Client's withdrawal request if the Client has not completed the identification procedure and/or has not provided additional information or documents in accordance with the Company's anti-money laundering (AML) policy and the policy for combating the legalization of criminally obtained funds.
The Company may also reject the Client's withdrawal request if the recipient's payment details differ from the Client's personal data.

The processing time for a withdrawal request is no more than 2 (two) business days from the time the Client's request is confirmed in the Personal Account.

Funds are debited from the trading account in the account’s currency. If the currency of the transfer differs from the currency of the account, the amount to be withdrawn will be converted into the transfer currency at the Company’s internal rate at the time of withdrawal.

All expenses related to withdrawing funds from the trading account are borne by the Client. The Company is not responsible for the Client's financial losses if an error in the recipient's details is made when submitting the withdrawal request. The Company’s obligations regarding the withdrawal of funds are considered fulfilled once the payment is sent to the details specified by the Client in the withdrawal request.

The Company is not responsible for the Client’s financial losses if they were caused by a delay in the transfer due to a malfunction of the payment system.
Force majeure
The Parties are released from liability for failure to fulfill their obligations under this Agreement if such failure is due to force majeure (unforeseeable circumstances beyond control).

Force majeure circumstances include, but are not limited to, the following:
  • Events or phenomena, including, but not limited to, strikes, mass unrest or civil disturbances, terrorist acts, wars, natural disasters, accidents, fires, floods, storms, power outages, failures in communication, software or electronic equipment, civil unrest, which, in the Company’s reasonable judgment, lead to the destabilization of the market or markets of one or more financial instruments.
  • Suspension, liquidation, or closure of a market, the absence of an event upon which the Company bases its quotations, the imposition of restrictions, special or non-standard trading conditions on any market.
  • Enactment of regulatory acts by national authorities, organizations, or institutions of a restrictive or prohibitive nature, as well as acts of supranational international bodies that in any way may hinder the proper fulfillment of obligations under this Agreement.
If any circumstances arise that the Company considers to be force majeure under this Agreement, the Company reserves the right, without prior notice to the Client, to take any of the following actions:
  • Increase margin requirements for financial instruments.
  • Close any or all of the Client’s open positions at a price the Company deems fair.
  • Suspend, freeze, or modify the application of any or all provisions of this Agreement until the force majeure circumstances make their execution possible.
  • Take or refrain from taking any action the Company deems appropriate in the given circumstances.
Dispute resolution
All disputes and disagreements arising from the execution of this Agreement shall be resolved by the Parties through negotiations.

If it is not possible to settle the disagreements through negotiations, the Client may submit a justified claim to the Company. The claim can be submitted by sending an email to: support@xpbee.pro. The claim review period is 15 business days from the date the claim is received.
Risks and security
By accepting the terms of this Agreement, the Client confirms that they understand the principles of working with financial instruments and acknowledge and accept the risk of partial or total loss of funds when performing financial operations. Furthermore, the Client is aware of the risk of losses due to technical failures in information, communication, and other systems.

The Client confirms and assumes the risk of partial or total loss of funds resulting from unauthorized access or use of the Trading Platform by third parties. The Client acknowledges and understands that the Company reserves the right to suspend or limit their access to the Trading Platform at its discretion if it suspects third-party usage of the Trading Platform. The Client agrees not to disclose their registration details and Personal Account login information to third parties. If such information becomes known to third parties, the Client must immediately notify the Company.

The Client assumes the risk of losses arising from orders given using their access credentials and under their direction.

If the Company suspects fraud, manipulation, or other forms of deceptive or fraudulent activities in the Client’s trading accounts, the Company reserves the right, at its discretion, to apply penalties against the Client, including: deciding to close all open positions in the Client’s trading account, imposing a penalty on all current and/or previously executed transactions (equivalent to the amount of the swap and/or any profits), canceling profits obtained from transactions, and terminating this Agreement with the Client.
Final provisions
In the event of a situation not covered by this Agreement, the Company will resolve the issue based on established market practices, acting in good faith and fairness.

The Company may transfer its rights and obligations under this Agreement to third parties. The Company undertakes to notify the Client of such a transfer of rights and obligations at least 5 (five) days in advance. The corresponding notification will be posted on the Website or in the Client’s Personal Account.

All copyrights, trademarks, and other intellectual property rights and ownership rights to the Website and its contents are the exclusive property of the Company. The Client does not have any intellectual property rights to the Company, except for the right to access and use it in accordance with this Agreement.

In the event of changes to the Company’s bank details, the Client is fully responsible for all payments made to outdated bank details from the moment new details are published in the Personal Account.
This Agreement may be drafted and translated into multiple languages.