Terms and Conditions

GENERAL TERMS AND CONDITIONS OF Pinex Capital
These General Terms and Conditions of Pinex Capital govern rights and obligations in connection with the use of the services provided by Pinex Capital, in particular those offered via the websites www.pinexcapital.com (“Sites”). Please read the document carefully. If you do not agree with its wording or do not understand individual parts, do not use the services.
1.
TERMS AND CONDITIONS 1.1 These Pinex Capital Terms and Conditions (“Terms”) govern your (“you”, “your” or “Client”) rights and obligations in connection with the use of the services provided by Pinex Capital (“we”, “our” or “Service Provider”) (“Services”). 1.2 At the moment of registration on the Sites or, if no registration is required, at the latest upon the first use of the Services, you enter into a contract with the Service Provider for the provision of the Services you have selected. The Terms are an integral part of such a contract, and by entering into a contract with the Service Provider you agree to them. 1.3 The Services are intended only for persons over the age of 18 who are resident in the country for which the Services are available. By registering on the Sites, you confirm that you are over 18 years of age. If you are under the age of 18, you will not be able to use the Services. You agree to access the Services only from one of the countries for which the Services are available. You acknowledge that access to and use of the Services may be restricted or prohibited by law in some countries and you agree to access and use the Services only in accordance with applicable law. 1.4 The Services consist of the provision of tools for simulated trading in foreign currencies on the FOREX market or other instruments on other financial markets, analytical tools, education and educational materials and other accompanying services, in particular through the Client Area or by accessing applications provided by the Service Provider or third parties. When simulating trading, information from the financial markets will be used, but you acknowledge that all trading you will perform through the Services is fictitious. You also acknowledge that the funds provided to you for fictitious trading are fictitious and you have no right to dispose of them beyond the scope of their use in the Services, in particular they may not be used for actual transactions and you are not entitled to their withdrawal. Unless expressly provided otherwise, you will not be paid any compensation or profits, nor will you be obliged to pay any losses, based on the results of your fictitious trading. 1.5 NONE OF THE SERVICES PROVIDED TO YOU BY THE SERVICE PROVIDER CAN BE REGARDED AS AN INVESTMENT SERVICE WITHIN THE MEANING OF APPLICABLE LAW. THE SERVICE PROVIDER DOES NOT GIVE OR PROVIDE YOU WITH ANY INSTRUCTIONS, DIRECTIONS OR INFORMATION AS TO HOW OR IN WHAT MANNER YOU SHOULD CARRY OUT TRANSACTIONS USING THE SERVICES OR OTHERWISE, OR ANY SIMILAR INFORMATION ABOUT THE INVESTMENT INSTRUMENTS TRADED, NOR DOES IT ACCEPT ANY SUCH INSTRUCTIONS, DIRECTIONS OR INFORMATION FROM YOU. NONE OF THE SERVICES CONSTITUTES INVESTMENT ADVICE OR RECOMMENDATION. NO EMPLOYEE OR OTHER EMPLOYEE OR REPRESENTATIVE OF THE SERVICE PROVIDER IS AUTHORISED TO GIVE INVESTMENT ADVICE OR RECOMMENDATIONS. IN THE EVENT THAT ANY INFORMATION OR OPINION OF ANY EMPLOYEE OR OTHER EMPLOYEE OR REPRESENTATIVE OF THE SERVICE PROVIDER SHOULD BE CONSTRUED AS INVESTMENT ADVICE OR RECOMMENDATION, THE SERVICE PROVIDER SHALL HAVE NO RESPONSIBILITY THEREFOR; the Service Provider’s liability under Article 9.2 of these Terms remains unaffected. 1.6 We process your personal data in accordance with the Pinex Capital Personal Data Processing Rules. 1.7 The meaning of the definitions, terms and abbreviations used in these Terms can be found in Article 18.
2.
SERVICES AND YOUR ORDER 2.1 You can order services via the Sites by completing the relevant order form. Once you have registered, we will send you the login details for the customer area and/or trading platform by e-mail and give you access to them. 2.2 As part of the services, the Pinex Capital Challenge product is offered, among others, whereby these products may differ in the extent of the services provided (e.g. analytical tools available to the client). 2.3 All information you provide to us via the registration or order form, the client area or otherwise must be complete, accurate and up to date. You must notify us immediately of any changes to your details or update the details in your customer area. The customer is responsible for the accuracy and currency of all information provided and the service provider is not obliged to check it. 2.4 You acknowledge that if you provide a company identification number, a business tax identification number or equivalent information in the registration or order form or in the Customer Area, or declare that you are a legal entity, you are to be regarded as an entrepreneur for the purposes of these Terms and the use of the Services and the provisions of these Terms or any applicable legislation recognising consumer rights shall not apply to you.
2.5 The fee for the
Pinex Capital Challenge varies according to the chosen variant and depends on the amount of the initial capital, the degree of risk permitted, the parameters to be met to fulfil the challenge conditions and, if applicable, other configurations. More detailed information on the individual variants and their fees can be found here on our website. The final fee will be determined based on the chosen variant when you fill in the Pinex Capital Challenge order form. The Service Provider reserves the right to provide services under individually agreed conditions. All individually agreed conditions are determined by the Service Provider at its own discretion. Individual discounts and other benefits may not be combined unless the Service Provider expressly determines otherwise. 2.6 The fee is paid solely for making the Pinex Capital Challenge or the services provided as part of the Pinex Capital Challenge available. The Customer is not entitled to a refund of the fee, for example, if he/she deletes his/her customer area or requests this by e-mail, terminates the use of the services or the contract prematurely (e.g. does not complete the Pinex Capital Challenge), does not fulfil the conditions of the Pinex Capital Challenge or Verification or if he/she violates these conditions. 2.7 If the Client makes an unjustified complaint or dispute (e.g. via the chargeback, dispute or other similar service) to its banking or payment service provider regarding a fee paid, as a result of which the cancellation, suspension or refund of the fee or its part has been requested, the Service Provider is entitled, at its sole discretion, to terminate the provision of any existing services to the Client and to refuse to provide them in the future. 2.8 You will start any other linked products with the same parameters and currency as the Pinex Capital Challenge variant you selected. Once a choice has been made, it cannot be changed. If you order a new Pinex Capital Challenge, the restrictions set out in this Article 2.8 shall not apply. 2.9 The Service Provider reserves the right to unilaterally change the fees and service parameters at any time, including the parameters for their successful fulfilment. The change does not affect the services that you purchase prior to the notification of the change. 2.10 The data entered in the order form can be checked, corrected and changed until the binding order of services is placed. You place an order for the services you have selected by sending the order form. The service provider will immediately confirm receipt of the order to your e-mail address. In the case of the Pinex Capital Challenge, the order is completed upon payment of the fee for the selected variant (more on this in Article 3.4), which results in the conclusion of a contract between you and the Service Provider, the subject of which is the provision of the Pinex Capital Challenge. The contract is concluded in English or German. We archive the contract in electronic form and do not provide access to it. 2.11 You acknowledge that in order to use our services, you must ensure that you have the appropriate technical equipment and software, including third-party software (e.g. software for using the trading platform), at your own responsibility and expense. The pages can be accessed from the majority of commonly used web browsers. You are responsible for setting up Internet access, purchasing the equipment and the web browser and updating it at your own expense. The service provider does not guarantee the compatibility of the services with a specific system or programme. The Service Provider does not charge any additional fees for the Internet connection. 2.12 You acknowledge that the operators of the trading platforms are persons other than the Service Provider and that when using their services and products, their own terms and conditions and personal data processing principles apply. Before sending the order form, you are obliged to familiarise yourself with these terms and conditions and personal data processing principles. 2.13 If the Customer places an unusually large number of orders for the Services within an unusually short period of time, the Service Provider may notify the Customer via the Customer Area as a precautionary measure to prevent potentially harmful or gambling-like behaviour by the Customer. Should such inappropriate behaviour persist after such notification, we reserve the right to suspend further orders of the Services by the Customer. If we determine that the unusual behaviour within the meaning of this paragraph is related to the Customer’s involvement in prohibited trade practices, we may take appropriate action as described in Section 5 of these GTC. The Service Provider reserves the right to determine, in its sole discretion, the nature of the behaviour described above and the appropriate limits for such a determination.
3.
TERMS OF PAYMENT 3.1 The fee amounts for the Pinex Capital Challenge variants are set in EUR.
3.2 The fees for the Services are quoted inclusive of all taxes. If the Client is an entrepreneur, it is obliged to fulfil all its tax obligations in connection with the use of our services in accordance with the applicable legislation, and in the event that an obligation arises, it is obliged to duly pay the tax or other fees. 3.3 You may pay the fee for the selected Pinex Capital Challenge variant by payment card or other means of payment currently offered by the Service Provider on the Sites. 3.4 In the case of payment by payment-card or other express payment, payment will be made immediately. The Customer shall bear all fees charged by the selected payment service provider (according to the applicable price list of the payment service provider) in connection with the transaction, and the Customer shall ensure that the fee for the selected Pinex Capital Challenge variant is paid to the Service Provider in full.
4.
CUSTOMER AREA 4.1 Only one Customer Area per Customer is permitted on the Sites and all Services used by the Customer will be managed in that Customer Area. 4.2 The total number of Pinex Capital Challenges and Verifications for a Customer Area may be limited depending on the total amount of initial capital of the Customer’s ordered products or other parameters. Unless the service provider grants the customer an exception, the initial capital cannot be moved or combined between the individual products. Nor can your services, service parameters, data or any other information be moved or combined between the products. 4.3 Access to the client area and the trading platform is protected by login data, which the client may not disclose to any third party. The Client is responsible for all activities carried out via the Client Area or the Trading Platform. The Service Provider shall not be responsible and the Client shall not be liable for any misuse of the Client Area, the Trading Platform or any part of the Services or for any negative consequences for the Client if such misuse occurs for reasons attributable to the Client. 4.4 The Client acknowledges that the Services may not be available without interruption, in particular due to maintenance, improvements or other reasons. In particular, the Service Provider shall not be responsible and the Customer shall not be liable for the inaccessibility of the Customer Area or the Trading Platform or for the corruption or loss of any data or other content that you upload, transmit or store via the Customer Area or the Trading Platform. 4.5 The customer can request the deletion of the customer area at any time by sending an e-mail to support@pinexcapital.com. The sending of the request for deletion of the Customer Area shall be deemed to be a cancellation of the contract by the Customer and the Customer shall no longer be entitled to use the Services, including the Customer Area and the Trading Platform. The service provider shall immediately confirm receipt of the request to the customer by e-mail, which shall result in the termination of the contractual relationship between the customer and the service provider. In such a case, the customer shall have no claim to reimbursement of fees already paid or other costs incurred.
5. FICTITIOUS TRADING RULES 5.1 During fictitious trading on the Trading Platform, you may carry out any transactions, provided that they do not involve prohibited trading strategies or practices within the meaning of Article 5.4. and 5.11. You also undertake to comply with standard market rules and practices for trading on the financial markets (e.g. risk management rules). Restrictions may also be imposed by the terms and conditions of the trading platform you have chosen to trade on. 5.2 You acknowledge that the Service Provider has access to the information about the notional trades you execute on the Trading Platform. You authorise the Service Provider to share this information with persons who are in a group of companies with the Service Provider or are otherwise associated with the Service Provider and authorise the Service Provider and these persons to have full access to this information. You agree that these activities may be carried out automatically without the need for any further consent, consultation or authorisation from you and without entitlement to any remuneration or return in connection with the use of the data by the Service Provider or persons in a group of companies or otherwise associated with the Service Provider. We are aware that you are not providing us with any investment advice or recommendation through notional trading. You acknowledge that you may interrupt notional trading on the trading platform at any time. 5.3 The Service Provider shall not be responsible for the information displayed on the Trading Platform or for any interruption, delay or inaccuracy in the market or statistical information displayed via the Trading Platform or the instruments accessible from the Client Area, without prejudice to the Service Provider’s liability under Article 9.2 of these Terms. 5.4. PROHIBITED TRADING PRACTICES
There are no restrictions or rules regarding trading strategies in the Pinex Capital Challenge. However, upon successful completion of the Challenge and the transition to the Funded Phase, all the rules below apply.
5.4.1. DURING TRADING IN THE FUNDED PHASE IT IS PROHIBITED:
(a) Knowingly or unknowingly using trading strategies that exploit errors in the Services, such as errors in the display of price data or delays in updating price data.
(b) execute transactions using an external or slowed-down data feed.
(c) To enter into transactions or combinations of transactions individually or jointly with other persons, including between different accounts or accounts held with different companies of the Pinex Capital Group, which are intended to manipulate trading, e.g. by entering into opposing positions at the same time.
(d) execute transactions contrary to the terms and conditions of the service provider and the terms and conditions of the trading platform.
(e) The use of software, artificial intelligence, high speed or bulk data inputs that could manipulate, abuse or give you an unfair advantage when using our systems or services.
(f) to engage in gap trading by opening trades:
(i) when major global news, macroeconomic events or corporate reports or results of operations (“Events”) that could impact the relevant financial market are scheduled; and
(ii) 2 hours or less before a relevant financial market is closed for 2 hours or more.
(g) Otherwise conduct business contrary to how it is actually traded in the Forex market or any other financial market, as the case may be, or in a manner that gives rise to reasonable apprehension that as a result of the Client’s activity the Service Provider may suffer financial or any other loss (e.g. overleveraging, overcharging, one-sided betting, account rolling).
5.4.3 As our client, you should note and agree that all our services are for the personal use of the client only, with the consequence that only you personally may access your Pinex Capital Funded accounts and transact. For this reason, you should not, and you agree that you shall not:
(a) Allow a third party to access and trade in your Pinex Capital Funded Accounts or authorise or co-operate with a third party to act on your behalf, whether that third party is an individual or a professional.
(b) Access the Pinex Capital Funded Accounts of any third party, act on behalf of a third party or perform account management or similar services where you agree to trade, operate or manage the Pinex Capital Funded Accounts on behalf of another user, whether you do so commercially or otherwise.
5.4.3 In addition, the client may not take advantage of the services by executing transactions without applying the standard risk management rules for trading on the financial markets. This includes, but is not limited to, the following practices: (i) opening significantly larger position sizes compared to the client’s other transactions, whether on this or another client account; or (ii) Opening a significantly smaller or larger number of positions compared to the client’s other transactions, whether on this or another client account. The Service Provider reserves the right to determine, in its sole discretion, whether any particular transaction, practice, policy or situation constitutes a Prohibited Trade Practice.
5.5 Should the Client commit any of the Prohibited Trade Practices described in Article 5.4,5.6,5.7,5.8,5.9,5.10 and 5.11. (i) the Service Provider may treat this as a failure to comply with the terms of the given Pinex Capital Funded Account, (ii) the Service Provider may remove the prohibited fictitious trades from the Client’s trading history and/or not include their results in the profits and/or losses generated by the fictitious trading, or (iii) immediately cancel all services provided to the Client and subsequently terminate this Agreement, or (iv) reduce the leverage offered for Products to 1:5 for any or all of the Client’s accounts.
5.6 If any or all of the Prohibited Trading Practices are carried out on one or more Pinex Capital Funded Accounts of a Client or Accounts of different Clients or through the combination of trades through Pinex Capital Funded, the Provider shall be entitled to cancel all Services and terminate all relevant Contracts in respect of all Pinex Capital Challenge and Verification Accounts of the Client. The Provider may exercise any of the actions referred to in Sections 5.5 and 5.6 at its sole discretion.
5.7 Should Pinex Capital Funded Accounts be used for or be involved in the Prohibited Trading Practices, this may and will constitute a breach of the respective Terms and Conditions for Pinex Capital Funded Accounts with Third Party Providers and may result in the cancellation of all such User Accounts and the termination of the respective agreements by the Third Party Provider. 5.8 If the Client engages in any of the practices described in Article 5., the Service Provider may terminate the Client’s access to all or some of the Services, including access to the Client Area and the Trading Platform, without compensation. In this case, the Client shall not be entitled to a refund of any fees paid. 5.9 The Service Provider shall not be responsible for trading or other investment activities carried out by the Client outside the relationship with the Service Provider, for example by using data or other information from the Client Area, the Trading Platform or otherwise in connection with the Services in real trading on financial markets, even if the Client uses the same trading platform for such trading as he uses for fictitious trading. 5.10. DEVELOPMENTS ON THE FINANCIAL MARKETS ARE SUBJECT TO FREQUENT AND STRONG FLUCTUATIONS. TRADING ON THE FINANCIAL MARKETS MAY NOT BE PROFITABLE AND MAY LEAD TO SIGNIFICANT FINANCIAL LOSSES. PREVIOUS PERFORMANCE AND NOTIONAL PROFITS OF THE CLIENT ARE NOT A GUARANTEE OR AN INDICATION OF FURTHER PERFORMANCE.
5.11.1 If the Client holds trades over the weekend while operating a Pinex Capital Funded Account, this will be considered a breach of the Terms and Conditions, as weekend trading is strictly prohibited for funded accounts. Any such activity may result in the termination of the Client’s funded account. However, weekend trading is permitted solely during the Challenge phase of the Client’s engagement with Pinex Capital
5.11.2 The Client may engage in news trading on a Pinex Capital Funded Account; however, any profits generated within two minutes before or after a high-impact news event will be removed from the account. While the Client is permitted to hold open trades during these news events, they may not open or close trades within this restricted time frame. Repeated violations of this restriction may result in an account breach and potential termination of the Client’s funded account. This restriction applies solely to funded accounts; the Client is allowed unrestricted news trading during the Challenge phase.
5.11.3 The Client is required to adhere to Profit Consistency rules when requesting payouts on a Pinex Capital Funded Account. Specifically, no single day’s profit may exceed 30% of the total accumulated profit at the time
of payout. For example, if the total profit over a trading period is $10,000, no single day’s profit may surpass $3,000 (30% of $10,000). Should any trades violate this rule during payout processing, this will be considered a soft breach, and the invalid trades will be removed. The Client will retain access to the account, and the remaining eligible profit will proceed to payout. Furthermore, no individual trade may contribute more than 30% of the total profit requested. For example, if the total profit is $10,000, no single trade can exceed $3,000 in profit.
5.11.4 The Client must comply with Lot Size Consistency requirements as part of risk management and to ensure trading consistency. The average lot size over a period will be calculated, and during the funded phase, individual trades must not exceed 200% of this average or fall below 75% of it. For instance, if the Client’s average lot size is calculated at 3 lots, individual trades should fall within a range of 0.75 lots to 6 lots. Trades exceeding these limits will be considered non-compliant, resulting in their removal from the profit calculation. Trades placed within a 60-second window are aggregated into a single position for both profit and volume consistency checks.
5.11.5 Pinex Capital has implemented these consistency rules to promote responsible trading practices and support the long-term viability of the prop firm. Should the Client’s trades fall outside these specified consistency ranges, the account will remain active, but only the compliant trades will contribute toward the total profit calculation for payouts. 5.11.6 In the event that the Client violates specific rules resulting in an account suspension, eligibility to restart may be assessed on a case-by-case basis. If deemed eligible, the Client will be offered a member discount for future Challenges. Breaches of consistency rules will not result in the loss of the Funded Account; instead, only the non-compliant trades will be removed from the profit calculation, or the account may be reset to allow the Client to resume trading within compliance guidelines.
5.11.7 While Pinex Capital allows flexibility in trading styles during the Challenge phase, the following trading strategies and approaches are strictly prohibited during the funded stage and are subject to review:
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Grid Trading or the use of Grid Trading Software
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Martingale Trading or utilization of Martingale Tools
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Latency Arbitrage strategies
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Hedging Orders Across Multiple Accounts
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Exploiting News Volatility by Placing Guaranteed Limit Order Fills
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Using Delayed Data Feeds to achieve risk-free profits
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Copy Trading among multiple users on the Pinex Capital platform
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Account Management by any Third Party
These strategies are restricted as they are either unsuitable for live market conditions, are optimized solely for demo environments, or are intended to exploit system vulnerabilities. Engaging in these prohibited trading practices during the funded stage may result in account review, trade invalidation, or other actions as outlined in these Terms and Conditions.
5.11.8 The use of duplicated IP addresses across different users on funded accounts is strictly prohibited. If multiple funded accounts are found to be accessing the platform from the same IP address, this will be considered a breach of the Terms and Conditions, potentially leading to account review, restriction, or termination as deemed appropriate by Pinex Capital.
5.11.9 The Client is required to notify Pinex Capital in advance of any changes to their IP address, along with the reason for the change, to verify that no unauthorized account management is occurring. Failure to provide prior notice of an IP change may result in the account being placed on hold, subject to review, and potentially flagged for unauthorized account management, which may impact account status and access.
5.11.10 Copy trading or the use of trade copier software is permitted solely between the Client’s own personal accounts. Copy trading or trading activity originating from any third-party IP addresses or accounts managed by external parties is strictly prohibited on funded accounts. Breach of this rule may result in account suspension, review, or termination in accordance with Pinex Capital’s Terms and Conditions.
5.11.11 Pinex Capital has implemented a payout limit policy for the first two withdrawal requests on funded accounts. For each of the first two payout requests, the Client may withdraw up to 7.5% of the account’s starting balance. This limit is in place to allow Pinex Capital sufficient time to assess the Client’s trading performance, risk management practices, and overall strategy. Any profits exceeding this 7.5% limit at the time of the first two payout requests will be deducted from the account balance and will not be available for future withdrawals.
This limitation applies only to the first two payouts. For all subsequent payout requests, the Client may withdraw any amount from the account without restriction.
5.11.12 The Client must refrain from using certain trading strategies and automated tools during the funded trader stage on Pinex Capital. It is the Client’s responsibility to verify that any trading bot or automated tool does not fall within the prohibited categories outlined below. Before using such tools, it is advisable for the Client to consult with the developer of the tool to ensure compliance with these guidelines. By initiating an evaluation with Pinex Capital, the Client agrees not to employ any of the following prohibited strategies:
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Grid Trading or Grid Trading Tools: Grid trading involves placing multiple orders above and below a set price, creating a “grid” of orders that adjust incrementally with price movements. Specifically, grid trading occurs when three or more positions are opened as the original trade moves into drawdown, distinguishing it from simply holding two open trades. Common characteristics of grid trading include establishing a starting price, setting intervals (e.g., 10, 50, or 100 pips), and defining the grid’s trend direction.
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Martingale: This strategy aims to recover from losses by continuously increasing the lot size of trades following a loss. This approach typically involves doubling lot sizes after a loss or reducing lot sizes after a win. Trading bots that open incrementally larger trades as the price moves against the initial trade position are also classified as Martingale.
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Guaranteed Limit Orders: This approach involves placing high-lot limit orders with stop-loss and take-profit points around significant news events or high-volume periods. Due to the volatility around such events, order fills in a live market may vary significantly due to slippage, making this approach inconsistent with standard market conditions. For instance, placing both a buy stop above and a sell stop below the price level ahead of an impactful news event, like FOMC, is an example of this strategy.
5.11.13 Pinex Capital strictly prohibits the use of third-party account management, including the installation, connection, or oversight of any third-party trading tools or bots. While Clients may use their own trading bots, they must manage these bots solely from their personal devices. Any violation of this policy may result in account review, restriction, or termination as per the Terms and Conditions.
6.
Pinex Capital CHALLENGE 6.1 After payment of the fee for the selected variant of the Pinex Capital Challenge, the client will receive the corresponding login details for the trading platform to his e-mail address or in the client area. The client activates the Pinex Capital Challenge by receiving the login information for the trading platform by e-mail. YOU ACKNOWLEDGE THAT BY RECEIVING THE REGISTRATION INFORMATION VIA THE EMAIL ADDRESS YOU HAVE PROVIDED, YOU ARE EXPRESSLY REQUESTING US TO PROVIDE THE FULL SERVICES. IF YOU ARE A CONSUMER, THIS MEANS THE PROVISION OF SERVICES BEFORE THE EXPIRY OF THE DEADLINE FOR CANCELLATION OF THE CONTRACT, WHICH AFFECTS YOUR RIGHT TO CANCEL THE CONTRACT AS FURTHER SET OUT IN ARTICLE 12. In order for the Client to fulfil the conditions of the Pinex Capital Challenge, the Client must meet all of the following parameters at any point during the Pinex Capital Challenge: 6.1.1. the Client has not, during the course of the Pinex Capital Challenge, shown a loss on any Notional Trades opened and closed on that day that would exceed the percentage of the Initial Capital for the relevant Option as described below: Pinex Capital Challenge: 5% 6.1.3. at no time during the Pinex Capital Challenge has the Client recognised a loss on notional trades opened and closed that would, in the aggregate, exceed the percentage of the Initial Capital for the relevant option as described below: Pinex Capital Challenge:10% 6.1.4. the client has recognised an aggregate profit on all notional trades concluded at least equal to the percentage of the initial capital for the relevant option, as described below: Pinex Capital Challenge: 10% The above parameters are explained in more detail on the pages here. 6.2 If the Client fulfils the conditions of the Pinex Capital Challenge specified in Article 6.1 and at the same time has not violated these conditions, the Service Provider shall consider the Pinex Capital Challenge successful and make the Pinex Capital Funded Account available to the Client free of charge by sending the login details to the email address or in the Client Area. 6.3 If during the Pinex Capital Challenge the Client fails to fulfil any of the conditions set out in Article 6.1, the Pinex Capital Challenge will be deemed unsuccessful and the Client will not be granted access to the linked Pinex Capital Funded Account. In such cases, the Client’s account and services will be cancelled without refund of any fees already paid.
7.
USE OF THE SITES, SERVICES AND OTHER CONTENT 7.1 The Sites and all Services, including the Customer Area, their design and all applications, data, information, multimedia elements such as text, drawings, graphics, design, icons, images, audio and video
clips, and other content constituting them (collectively, “Content”) are protected by copyright and other laws
and are the property of the Service Provider or the licensors in favour of the Service Provider. The Service Provider grants you a limited, non-exclusive, non-transferable, non-assignable, non-transferable and revocable licence to use the Content for the purpose of using the Services for your personal use and in accordance with the purpose for which the Services are provided. The Content will not be sold or otherwise transferred to you and will remain the property of the Service Provider or the licensors in favour of the Service Provider. 7.2 All trademarks, logos, trade names and other designations are the property of the Service Provider or the licensors in favour of the Service Provider and the Service Provider does not grant you any right to use them. 7.3 The Customer and the Service Provider undertake that they will act in accordance with the principles of fair business in the performance of the Contract and in joint negotiations, and in particular that they will not harm the good name and legitimate interests of the other party. Any disagreements or disputes between them shall be resolved in accordance with these Terms and Conditions and applicable law. 7.4 Except for the rights expressly provided for in these Terms, the Service Provider does not grant you any other rights in relation to the Services and the Other Content. You may use the Services and Other Content only as set forth in these Terms. 7.5 When accessing the Services and Other Content, you may not: 8.5.1. use any means that may negatively interfere with the operation of the Sites and Services or that are intended to exploit errors, bugs or other deficiencies in the Sites and Services; 7.5.2. circumvent geographic accessibility restrictions or any other technical restrictions; 7.5.3. make copies or backup copies of the Sites and other content; 7.5.4. reverse engineer, decompile, disassemble or otherwise manipulate the Sites and other content; 7.5.5. sell, rent, lend, licence, distribute, reproduce, disseminate, stream, broadcast or exploit the Services or the Other Content in any manner other than as permitted; 7.5.6. use any automated means to view, display or compile the information accessible through the Sites or the Services; and 7.5.7. use any other tools or means, the use of which could cause any harm to the Service Provider. 7.6 The provisions of Article 8 are not intended to deprive the Customer of its consumer rights, which cannot be excluded by law.
8.
INDEMNITY 8.1. YOU ACKNOWLEDGE THAT THE SERVICES AND OTHER CONTENT ARE PROVIDED “AS IS” WITH ALL FAULTS, DEFECTS AND DEFICIENCIES AND THAT YOUR USE OF THEM IS AT YOUR OWN RISK AND RESPONSIBILITY. THE SERVICE PROVIDER DOES NOT GRANT YOU ANY WARRANTIES (INCLUDING WARRANTIES OF QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). 8.2 Claims of the customer for damages are excluded. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence. The aforementioned limitations of liability shall also apply in favour of the Service Provider’s legal representatives and vicarious agents if claims are asserted directly against them. 8.3 The Service Provider reserves the right to modify, change, replace, supplement or delete without replacement any elements and functions of the Services at any time. 8.4 The Service Provider shall not be liable for the non-provision of purchased services if this non-provision is due to serious technical or operational reasons beyond the control of the Service Provider, in crisis or imminent crisis situations, natural events, wars, riots, pandemics, the endangerment of a larger group of people or other force majeure interventions, and/or if it is made impossible for the Service Provider to provide the services as a result of obligations imposed by law or government decisions. 9.5 The provisions of Article 9 are not intended to deprive the Customer of its consumer or other rights that may not be excluded by law.
9.
BREACH OF THE TERMS AND CONDITIONS 9.1. IF THE CLIENT BREACHES ANY PROVISION OF THESE TERMS AND CONDITIONS IN A MANNER THAT IS LIKELY TO CAUSE DAMAGE TO THE SERVICE PROVIDER, IN PARTICULAR IF THE CLIENT MAKES THE SERVICES AVAILABLE TO ITSELF IN CONTRAVENTION OF ARTICLE 1.3, IF IT PROVIDES INCOMPLETE OR UNTRUE INFORMATION IN CONTRAVENTION OF ARTICLE 2.3, IF THE CLIENT ACTS IN A MANNER THAT MAY DAMAGE THE GOOD NAME OF THE SERVICE PROVIDER, IF THE CLIENT BREACHES THE RULES OF DEEMED TRADING UNDER ARTICLE 5. THE CLIENT ACTS CONTRARY TO ARTICLE 8.3 AND/OR THE CLIENT COMMITS ANY OF THE ACTIVITIES LISTED IN ARTICLE 8.5, THE SERVICE PROVIDER MAY PREVENT THE CLIENT FROM ORDERING FURTHER SERVICES AND CANCEL ALL OR PART OF THE CLIENT’S ACCESS TO ALL OR SOME OF THE SERVICES, INCLUDING ACCESS TO THE CLIENT AREA AND THE TRADING PLATFORM, WITHOUT PRIOR NOTICE AND WITHOUT ANY COMPENSATION. 9.2 A breach of the provisions expressly referred to in Article 10.1. of these Terms and Conditions shall be considered a material breach of contract on the part of the Client. In this case, the Service Provider is authorised to withdraw from the contract immediately and without prior notice. In the event of any other breach
of these Terms and Conditions, the Service Provider shall be entitled to withdraw from the Contract after prior
notice and after the expiry of a reasonable period of time from such notice, which shall not be less than 6 hours.
10.
COMMUNICATION 10.1 You acknowledge that all communication by the Service Provider or its partners in connection with the provision of the Services will take place via the Customer Area or your e-mail address that you register with us. Written electronic communication by e-mail or via the Customer Area shall also be deemed to be written communication. 10.2 Our contact e-mail address is support@pinexcapital.com
11.
CONTRACT CANCELLATION
11.1
WE EXPRESSLY DRAW YOUR ATTENTION TO THE FACT THAT YOU WILL LOSE YOUR RIGHT OF CANCELLATION AS SOON AS YOU HAVE RECEIVED THE ACCESS DATA FOR THE PINEX CAPITAL CHALLENGE AT THE E-MAIL ADDRESS YOU HAVE PROVIDED, BECAUSE AT THIS POINT IN TIME WE HAVE CREATED A FICTITIOUS ACCOUNT FOR YOU AND YOU HAVE STARTED TO USE OUR SERVICE, as from this point in time the execution of a fictitious transaction begins (see also Article 6.1. sentence 1 to 3).
12.
DEFECTIVE PERFORMANCE 12.1 If the services do not correspond to what was agreed or have not been provided to you, you may assert your rights arising from defective performance. The Service Provider does not guarantee the quality of the Services. You must report a defect to us immediately at our e-mail address or our address specified in Article 11.2. When exercising your rights arising from defective performance, you may demand that we remedy the defect or grant you an appropriate reduction. If the defect cannot be remedied, you may withdraw from the contract or demand an appropriate reduction. 12.2 We will endeavour to settle any complaint you may have as quickly as possible, at the latest within 30 calendar days. We will confirm receipt and settlement of your complaint in writing. If we do not deal with the complaint within the deadline, you may withdraw from the contract. Complaints can be made by e-mail to our e-mail address support@pinexcapital.com.
13.
AMENDMENT OF TERMS AND CONDITIONS 13.1 The Service Provider reserves the right to amend these Terms and Conditions from time to time with effect for the Contract previously concluded by the Customer.
14.
OUTSTANDING COMPLAINTS FROM CONSUMERS 14.1 Our aim is your satisfaction. Therefore, if you have any complaints or suggestions, we will be happy to resolve them with you directly, and you can contact us at our e-mail address listed in Article 11.2 or at our address.
15.
TERM AND TERMINATION OF THE CONTRACT 15.1 The Contract is concluded for a specified period until the Pinex Capital Challenge has been passed or failed in accordance with Section 6.2 or 6.5. 15.2 The Contract may be terminated prematurely by either party in accordance with these GTC. The Agreement shall terminate automatically and with immediate effect if the Client fails to open at least one Demo Trade within a period of 30 consecutive days during the Pinex Capital Challenge. 15.3 Notwithstanding clause 17.2, the Service Provider may terminate this Agreement with immediate effect for cause if the provision of the contracted services would impair the Service Provider’s ability to comply with its legal obligations or the orders or decisions of governmental or other regulatory authorities. 15.4 Either Party may terminate this Agreement without cause by giving at least 7 days’ written notice to the other Party in accordance with Clause 11.
16.
Final Provisions 16.2 These Terms constitute the entire terms and conditions agreed between you and the Service Provider and supersede any prior oral or written agreements relating to the subject matter of the Terms. 16.3 Nothing in these Terms is intended to limit any legal rights you may have elsewhere in these Terms or under applicable law. If the Service Provider or a third party authorised to do so fails to enforce compliance with these Terms and Conditions, this shall in no way be construed as a waiver of rights or claims. 16.4 The Service Provider may transfer its rights and obligations under these Terms and the underlying contract to a third party without your consent. The Service Provider shall notify you of such a transfer. You may then terminate the contract by giving notice of cancellation to the service provider within a period of one month after notification of the transfer. The cancellation must be in text form, does not have to be justified and can be sent to us by email to support@pinexcapital.com. The Customer is not authorised to transfer or assign rights and obligations under these Terms and Conditions or any contract or part thereof or claims arising from them in whole or in part to a third party without the prior consent of the Service Provider. 16.5 If any provision of the Terms and Conditions is found to be invalid or ineffective, it shall be replaced by a provision whose meaning comes closest to the invalid provision. The invalidity or ineffectiveness of a provision shall not affect the validity of the other provisions. No past or future practice established between the Parties or general practices or customs used in the subject matter of performance in the relevant area, which are not
expressly referred to in the Terms and Conditions, shall apply and shall not give rise to any rights or
obligations for the Parties and shall not be taken into account in the interpretation of the expressions of intent of the Parties. 16.6 The annexes to the Terms form an integral part thereof. In the event of any inconsistency between the wording of the main text of the Terms and Conditions and their Annexes, the main text of the Terms and Conditions shall prevail. 16.7 Before jointly accepting these Terms and Conditions, the Parties have carefully considered the potential risks arising from them and accept these risks.
17.
DEFINITIONS, TERMS AND ABBREVIATIONS USED 17.1 For the purposes of the Terms, the following definitions shall have the following meanings: 17.1.1. “Client Area” means the user interface located on the Sites; 17.1.2. “Service Provider” means the provider of individual services (as referred to in Article 1.1); 17.1.3. “Content” means the Sites and all Services, including the Client Area, their design and all applications, data, information, multimedia elements, such as texts, drawings, graphics, designs, icons, images, audio and video clips and other content forming them (as referred to in Article 8.1); 17.1.4. “Terms” means these General Terms and Conditions of Pinex Capital (as referred to in Article 1.1); 17.1.5. “Annexes” means Annex 1 and any other annexes forming part of these General Terms and Conditions; 17.1.6. “Trading Platform” means the electronic interface provided by a third party on which the Client executes the Notional Trade; 17.1.7. “Services” means the services of the Service Provider as set out in Articles 1.1 and 1.5; 17.1.8. “Sites” means the websites www.pinexcapital.com (as set out in Article 1.2); 17.1.9. “Client” means the user of the Services (as referred to in Article 1.1); 17.1.10. “Pinex Capital Challenge” means trading account related to trading education courses provided as part of the Services by the Provider; 17.1.12. “Prohibited Trading Practices” means trading practices that are strictly prohibited when using our Services and are further explained in Section 5. of these GTC; 17.2 For the purposes of the Terms and your Attachments, the following terms and abbreviations shall have the following meanings: 17.2.1 “Calendar Day” means the period from midnight to midnight of the currently valid time in the Czech Republic (Central European (Summer) Time, ME(S)Z); 17.2.2. “Initial Capital” means a notional sum in the amount chosen by the Client when selecting the Pinex Capital Challenge variant and with which the Client will execute the notional trade; 17.2.3. “CZK” means the Czech koruna; 17.2.4. “EUR” means the euro; 17.2.5. “USD” means the U.S. dollar ; 19 .2 .6 .American dollar; 17.2.6. “GBP” means the British pound; 17.2.7. “CAD” means the Canadian dollar; 17.2.8. “AUD” means the Australian dollar; 17.2.9. “NZD” means the New Zealand dollar; and 17.2.10. “CHF” means the Swiss franc.
18.
Governing Law and Jurisdiction
18.1 The legal relationships established by or in connection with these Terms, as well as all related non-contractual legal relationships, shall be governed by the laws of Switzerland. Any dispute arising in connection with these Terms and/or related agreements shall fall under the jurisdiction of the competent Swiss court at the location of the Service Provider’s registered office.
APPLICANT CONFIRMATION & ACKNOWLEDGEMENT:
I/we, being the above-named applicant, have read and understood the Terms and Conditions accompanying this Account Application Form, and authorise Pinex Capital to establish an Account on my/our behalf. I/we acknowledge and agree that I/we have voluntarily and fully consented to paying the Access Fee corresponding to the Assessment Path I/we have selected above to the Company. Pinex Capital may present this Confirmation and Acknowledgement as evidence to refute any chargeback in connection with an Access Fee paid by me/us and may recover from me/us any costs (including administrative and legal costs on a full indemnity basis) it incurs to refute a chargeback or recover an Access Fee associated with an unsubstantiated chargeback.
These conditions will become valid and effective from 15 October 2024.