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Terms of Service

Last updated: January 30, 2025

Welcome to FXUP. These Terms of Service ("Terms") govern your use of the FXUP website and services. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using FXUP services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

2. Description of Services

FXUP provides trading infrastructure services, including but not limited to:

  • WebSocket-based real-time data streaming
  • Trading API integration with MetaTrader platforms
  • Web, mobile, and desktop trading applications
  • Historical market data and charting services
  • Account management and reporting tools

3. Account Registration

To use certain features of our services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information as needed
  • Keep your account credentials confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

4. Acceptable Use

You agree not to:

  • Use our services for any illegal purpose
  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Transmit harmful code, viruses, or malware
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our services
  • Reverse engineer or decompile our software
  • Use automated systems to access our services without permission
  • Resell or redistribute our services without authorization

5. Trading Risks

Important: Trading in financial instruments involves significant risk and may not be suitable for all investors. You should carefully consider your investment objectives, level of experience, and risk appetite before using our services.

  • Past performance is not indicative of future results
  • You may lose some or all of your invested capital
  • Leveraged products can amplify both gains and losses
  • Market conditions can change rapidly and unexpectedly

FXUP provides infrastructure services only and does not provide investment advice. You are solely responsible for your trading decisions.

6. Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, are the exclusive property of FXUP or its licensors and are protected by copyright, trademark, and other intellectual property laws.

7. License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our services for your internal business purposes. This license does not include:

  • The right to sublicense, sell, or transfer access
  • The right to modify or create derivative works
  • The right to use our services for competing products

8. Service Availability

We strive to maintain high availability of our services, but we do not guarantee uninterrupted access. We may:

  • Perform scheduled maintenance with advance notice
  • Make emergency changes to address security issues
  • Modify or discontinue features at our discretion

9. Fees and Payment

Certain services may require payment of fees. You agree to:

  • Pay all applicable fees as described in your service agreement
  • Provide accurate billing information
  • Authorize us to charge your payment method

All fees are non-refundable unless otherwise specified in writing.

10. Limitation of Liability

To the maximum extent permitted by law:

  • FXUP shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim
  • We are not responsible for any trading losses or missed opportunities

11. Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

  • Merchantability or fitness for a particular purpose
  • Non-infringement
  • Accuracy or completeness of data
  • Uninterrupted or error-free operation

12. Indemnification

You agree to indemnify, defend, and hold harmless FXUP and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services or violation of these Terms.

13. Termination

We may suspend or terminate your access to our services at any time for any reason, including violation of these Terms. Upon termination:

  • Your license to use our services will immediately cease
  • You must stop all use of our services
  • Provisions that should survive termination will remain in effect

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

15. Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

  1. Good faith negotiation between the parties
  2. Mediation if negotiation fails
  3. Binding arbitration or litigation in the courts of England

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18. Contact Information

If you have any questions about these Terms, please contact us:

Email: legal@fxup.net

Address: FXUP Ltd, London, United Kingdom

© 2025 FXUP. All rights reserved.