Terms and Conditions

I. General Terms & Conditions

• I.I. The information contained within this document specifies the relationship between ApoliEX (referred to as ‘the Company’), and individual website users (referred to as ‘the Client’) who have completed the Registration Process on www.apoliex.com (referred to as the ‘Company Website’).
• I.II. The client is required to read all of the information in sections I, II and III of these Terms & Conditions (hereunder referred to as ‘Terms & Conditions) before completing the Registration Process on the Company Website. By opening an account on the Company Website, the Client confirms that they have read and accepted the Terms & Conditions outlined in this document.
• I.III. All transactions that take place on the Company Website will be processed in Bitcoin or through the Third Party Payment Provider within the site.
• I.IV. Information detailed in the Terms & Conditions apply to all Clients excluding residents of Algeria, Cuba, Ecuador, the Islamic Republic of Iran, Iraq, Myanmar, North Korea, residents of countries with jurisdiction necessitating prior registration of issues of securities or information obligations of the issuer such as Japan and Canada, and residents of the United States (defined by ‘Regulation S’, executive action to the ‘US Securities Act of 1933’).
• I.V. All material found on the Company Website is the trademark of the Company and are protected by copyright law. The Client is permitted to browse the Company Website and reproduce materials for non-commercial purposes only, through printing or downloading. No reproduction of any part of the site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or site, whether in hard copy or electronic format, including posting to any other site. No other license or right is granted.
• I.VI. The Company reserves the right to change, add or remove portions of these Terms & Conditions, at any time, in an exercise of its sole discretion. The Client will not be notified of any changes when they occur.
• I.VII. The Client’s continued use of the Company’s services will be subject to their acceptance of the amended Terms & Conditions and any subsequent transactions carried out on the platform will be subject to the updated Terms & Conditions.

II. Terms of Use

• II.I Introduction.
  • II.I.i The Client agrees to accept and adhere to the Terms & Conditions in sections I, II and III of this document when accessing the Company Website, registering an account on ApoliEX, or using services offered by our Third-Party Payment Providers.
  • II.I.ii Functions available on the Company Website will vary according to the Client’s country of residence. The Client is solely responsible for ensuring that their activities undertaken on the Company Website are in line with existing regulation in their country of residence.
  • II.I.iii The Terms of Use described hereunder are governed by and construed under the laws of St. Vincent and the Grenadines. The Client irrevocably:
    • (a) agrees that the courts of St. Vincent and the Grenadines maintain exclusive jurisdiction to determine any proceedings;
    • (b) submits to the jurisdiction of St. Vincent and the Grenadines courts;
    • (c) waives any objection which the Client may have at any time to the bringing of any proceedings in any such court;
    • (d) agrees not to claim that such proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over the Client.
• II.II Trading
  • II.II.i By opening a trading account, the Client accepts the risks involved in trading CFDs, including that:
    • (a) Potential swings in the value of currencies may result in significant loss of value and may render certain positions worthless;
    • (b) Opening trading positions on any market may result in loss of Client funds;
    • (c) Trading Bitcoin involves further risks as outlined in the Risk Disclosure agreement on the Company Website.
  • II.II.ii Services provided by the Company are without warranty and the Client is not guaranteed to have access to the Company’s services 24/7.
  • II.II.iii There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.
• II.III Opening of Accounts
  • II.III.i Upon registering an account on the Company Website, the Client confirms that they are over 18 years of age and are therefore able to accept these Terms & Conditions on their behalf.
  • II.III.ii The Client agrees to provide the Company with their current email address for verification purposes.
  • II.III.iii The Client agrees that all funds obtained from their Bitcoin wallet will be their own and that they will not attempt to access, on behalf of themselves or others, any Bitcoin accounts other than their own.
  • II.III.iv The Client acknowledges that any attempt or assistance to others in creating or using accounts without obtaining the Company’s permission may lead to suspension of the accounts and further action at the Company’s discretion.
  • II.III.v Maintaining account confidentiality is the responsibility of the Client and the Company will not be held responsible for leaked information, passwords, trade information and other information shared on the Client’s profile. The Company may request documents for authentication from the Client in instances of suspicious activity and may freeze or terminate Client accounts should they fail to oblige.
  • II.III.vi The Client is required to notify the Company immediately in case of unauthorised use or access to their account or other breaches of security.
• II.IV Termination of Accounts
  • II.IV.i The Client has the right to close their account and terminate their agreement with the Company at any time.
  • II.IV.ii The Client guarantees that they will not use the platform as a tool for undertaking any activity deemed criminal, including malicious hacking, illegal gambling, financing terrorism and/or other criminal activity, fraud or money laundering operations.
  • II.IV.iii The Client agrees that the Company has the right to limit, suspend or terminate their access to the Company Website with due notice in instances when the Client may be causing legal liabilities, infringing intellectual property rights of the Company or Third Parties, or violating any of the terms outlined in this document. Reasons for suspension or termination include but are not limited to:
    • (a) Unauthorised access of the Company Website or other user accounts, or attempts thereof, as well as assisting others in their efforts to do so, whether successful or not;
    • (b) Intention to bypass the Company’s security features to protect or limit any use of the Company’s property;
    • (c) Use of the Company Website to undertake illicit activities including malicious hacking, illegal gambling, financing terrorism and other criminal activity, fraud, money laundering operations or any other criminal activity;
    • (d) Government Agencies’ or Law Enforcement Bodies’ request;
    • (e) Any unforeseeable operational difficulties.
  • II.IV.vi Apart from having their accounts terminated, the Client may be liable to further action should any of the Terms & Conditions listed within this document be violated.
  • II.IV.v In instances of termination, the Client is required to provide a valid account for the transfer of any funds credited to their ApoliEX account. The Company will inform the Client of their ApoliEX account balance and will, when possible, disclose any charge that will be included in the transfer. The Client acknowledges that certain charges may be included after receiving their ApoliEX account balance.
• II.V Termination of Accounts
  • II.V.i The Company is not responsible for external websites that the Client may access through the Company Website. The Client accepts that the Company is not liable for any damages, losses or errors resulting from content present on external websites, including website content, promotions, opinions, advice, activities, advertisements or other content.
  • II.V.ii Any websites accessed through the Company Website are subject to their Terms & Conditions and it is up to the Client to review them when making use of their services.
  • II.V.iii The Client is responsible for ensuring that their property is protected against viruses, worms, Trojan horses or other destructive items when accessing external websites.
  • II.V.iv The Company will not be responsible for any external websites or any information they contain and none of the websites are verified or endorsed by ApoliEX.
  • II.V.v The Client can return to the Company Website by clicking on the “backwards” arrow, or by keying in the domain address of ApoliEX.
• II.VI Communication and Content
  • II.VI.i The Company is not responsible for unsecured e-mail messages sent over the Internet or any damages incurred as a result of this action.
  • II.VI.ii Any content produced by the Company or referencing the Company is not intended as financial advice in connection to the services offered through the Company Website.
  • II.VI.iii Any trading activity undertaken by the Client based on information provided by the Company will be considered the Client’s sole responsibility and the Company will not be liable for any losses.
  • II.VI.iv The Client’s information will not be shared with Third Parties except when requested by Law Enforcement, Data Protection Authorities, Government Agencies or other official Authorities in the following instances:
    • (a) Legal requirement;
    • (b) Court summons, high court writ, court order, or other legal procedures;
    • (c) Prevention of physical harm or financial loss;
    • (d) On suspicion of illegal activity;
    • (e) On investigation of suspected violation of the Company’s Terms & Conditions or other policies.
  • II.VI.v Neither ApoliEX, any affiliates of theirs or their affiliates’ officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to or use of the Company Website or any site linked to it including, without limitation, any loss of profit, indirect, incidental or consequential loss.
  • II.VI.vi All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to ApoliEX through the Company Website will become and remain the exclusive property of the Company. The Client submits any proprietary rights through such submissions and acknowledges ApoliEX’s unrestricted right to use them in any medium or capacity, without notice or confidentiality.
• II.VII Limitation of Liability
  • II.VII.i Following the law, the Company is not liable for damages, losses, injuries or death encountered by Clients using the platform in cases when those damages or losses did not result from direct negligence, willful deceit or fraud on behalf of the Company.
  • II.VII.ii The information included in this document does not exclude or limit the liability of the Company or the Client for fraud, death or personal injury resulting from negligence, breach of Terms & Conditions or other liability that is not limited or excluded by law.
  • II.VII.iii The Company’s liability in respect to claims based on events arising from or in connection to any Client’s activity on the Company’s website, (in contract, tort, or otherwise) will not exceed the amount held in the Client’s ApoliEX account (less commissions) or 125% of the among of the Transactions that are the subject of the claim (less commissions).
  • II.VII.iv To the full extent permitted by law, the Client agrees to compensate the Company and its partners for any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred if direct or not directly arising from his or her use of the Websites, his or her use of the Service, or from his or her violation of these Terms of Use.
  • II.VII.v Should the Company become unable to carry out the services detailed in these Terms & Conditions due to factors beyond their control, the Company will not be liable to the Client concerning services provided within these Terms of Use and for a time coinciding with the event.

III. Terms of Business

• III.I Introduction
  • III.I.i These Terms of Business govern all actions in respect of the execution of the Customer’s Instructions and Orders.
  • III.I.ii These Terms of Business specify:
    • (a) Placing and executing order;
    • (b) Resolving disputes;
    • (c) Communicating confirmations to the Client;
    • (d) The Company’s actions in instances when the Margin Level of the Client’s account is insufficient concerning the Client’s open positions.
  • III.I.iii All instructions dictated by the Client shall be given via the Client Terminal and the Company may refuse an instruction should the Client’s Free Margin be lower than that necessary to carry out the Client’s instructions.
  • III.I.iv The Terms of Business supersede previous arrangements between the Client and the Company regarding Services provided to the Client relating to Margin Trading via The Trading Terminal or Third-Party applications linked to the server.
  • III.I.v The Client agrees that the Company has the right to conduct currency conversions as deemed necessary or desirable by the Company to fulfil its obligations or rights under the Operative Agreements of all transactions. The rates of conversion will be determined by the Company based on the current rates of freely convertible currencies. All foreign currency exchange risk of Client Transactions or the Company’s rights or obligations under the Operative Agreement will be debited to the Client.
• III.II Trading
• • III.II.i The Company has the right to review and change the leverage on the Client’s trading account without notice as per the Terms & Conditions detailed on this website.
  • III.II.ii Positions that remain open at 00:00 UTC will be rolled over by debiting or crediting the Client’s trading account.
  • III.II.iii Any quotes provided by the Company via the Trading Platform are to be considered as indicative and applicable only to the displayed time. Such quotes are informative and do not equal an offer on behalf of the Company to place an order on any instrument at the given price. These quotes are also subject to volatility and fluctuation.
  • III.II.iv Any transactions conducted at an Error Quote may be made void by the Company. It is the Company’s right to determine the validity of a Quote.
  • III.II.v The Company can choose whether or not to carry out Client instructions outside of standard trading hours.
  • III.II.vi The Company has the right to alter spreads for each instrument without prior notice.
  • III.II.vii The Company is not obliged to ensure that CFD and spread betting quotes displayed on the Company Platform are specifically correlated to the underlying asset price. While the Company does consider the underlying asset price, the ‘Bid’ and ‘Ask’ quotes displayed outside of the underlying market’s operating hours will be determined solely by the Company.
• III.III Types of Orders
• • III.III.i The Client can order the following types of Order Expiries, defined as below:
    • (a) Fill or Kill (FOK): Order is cancelled if it cannot be executed in its entirety at the current Quotes;
    • (b) Good for Seconds (GFS): Order is valid for a determined number of seconds following its receipt by the server. The Order will expire if it is not executed before the specified number of seconds and will become automatically invalid;
    • (c) Good Till Cancel (GTC): Order remains valid until executed to a full or partial extent or until manual cancellation by the Client. Unexecuted Orders expire after 180 days following the placing of the Order;
    • (d) Good Till Date/Time (GTD): Order remains valid until a date or time specified by the Client at the time of placing the Order. Unless cancelled or executed by this date, the Order will become automatically invalid after 180 calendar days;
    • (e) Immediate or Cancel (IOC): Order is executed at current quotes and any remaining unexecuted portions will be cancelled;
• • III.III.ii To place Market Orders, the Client must specify the chosen Instrument, Buy or Sell, Maximum Order Quantity, Minimum Order Quantity and Order Expiry. Once the Server received the Buy Market Order or the Sell Market Order, the Market Order will be partially or fully executed at the current ‘Ask’ or ‘Bid’ Price respectively subject to:
    • (a) The ‘Ask’ or ‘Bid’ minimum transaction size must be lower than the Maximum Order Quantity, otherwise, the Order cannot be partially or fully executed at the ‘Ask’ or ‘Bid’ respectively;
    • (b) The ‘Ask’ or ‘Bid’ maximum transaction size must be higher than the Minimum Order Quantity, otherwise, the Order cannot be partially or fully executed at the ‘Ask’ or ‘Bid’ respectively;
    • (c) The ‘Ask’ or ‘Bid’ maximum transaction cannot be exceeded at the ‘Ask’ or ‘Bid’.
• • III.III.iii When placing Limit Orders, the Client must specify the Instrument, Buy or Sell, Maximum Order Quantity, Minimum Order Quantity, Order Expiry and Order Limit Price. When the Server receives a Buy Limit Order or a Sell Limit Order that is not of the Order Expiry type ‘Fill or Kill’ (III.III.i a), the Market Order will be partially or fully executed at the current ‘Ask’ or ‘Bid’ Price respectively per the following conditions:
    • (a) The ‘Ask’ or ‘Bid’ minimum transaction size must be lower than the Maximum Order Quantity, otherwise, the Order cannot be partially or fully executed at the ‘Ask’ or ‘Bid’ respectively;
    • (b) The ‘Ask’ or ‘Bid’ maximum transaction size must be higher than the Minimum Order Quantity, otherwise, the Order cannot be partially or fully executed at the ‘Ask’ or ‘Bid’ respectively;
    • (c) The ‘Ask’ or ‘Bid’ maximum transaction cannot be exceeded at the ‘Ask’ or ‘Bid’.
• • III.III.iv To place a Stop Loss Order, the Client must specify the chosen Instrument, Maximum Order Quantity, Buy or Sell, Minimum Order Quantity and Order Buy or Sell Side. The types of Stop Loss Order are defined as follows:
    • (a) A buy Stop Loss Order (a “buy” as the Order Side) which Order Stop Side is “Bid” becomes a buy Market Order when the Bid with the highest rate becomes equal to or above the Order Stop Price;
    • (b) A buy Stop Loss Order (a “buy” as the Order Side) which Order Stop Side is “Ask” becomes a buy Market Order when the Ask with the lowest rate becomes equal to or above the Order Stop Price;
    • (c) A sell Stop Loss Order (a “sell” as the Order Side) which Order Stop Side is “Bid” becomes a sell Market Order when the Bid with the highest rate becomes equal to or below the Order Stop Price;
    • (d) A sell Stop Loss Order (a “sell” as the Order Side) which Order Stop Side is “Ask” becomes a sell Market Order when the Ask with the lowest rate becomes equal to or below the Order Stop Price.
• • III.III.v To place a Trailing Stop Order, the Client must specify the chosen Instrument, Maximum Order Quantity, Order Buy Side, Minimum Order Quantity, Order Stop Side and Order Limit Price (optional).
    
    Once the Server receives a buy Trailing Stop (a “buy” as the Order Side), the Server:
    • (a) Places a buy Stop Loss order (if Order Limit Price is not specified) or a Buy Stop Limit Order (if Order Limit Price is specified) with the Order Stop Price at the current Bid with the highest rate plus Trail By Pips (if Order Stop Side is “Bid”) or at the current Ask with the lowest Rate plus Trail By Pips (if Order Stop Side is “Ask”);
    • (b) Constantly changes the Order Stop Price if the difference between the Order Stop Price and the current Bid with the highest rate (if Order Stop Side is “Bid”) or the current Ask with the lowest Rate (if Order Stop Side is “Ask”) exceeds Trail By Pips.
    Once the Server receives a sell Trailing Stop (a “sell” as the Order Side), the Server:
    • (a) Places a sell Stop Loss Order (if Order Limit Price is not specified) or a Sell Stop Limit Order (if Order Limit Price is specified) with the Order Stop Price at the current Bid with the highest Rate minus Trail By Pips (if Order Stop Side is “Bid”) or at the current Ask with the lowest Rate minus Trail By Pips (if Order Stop Side is “Ask”;
    • (b) Constantly changes the Order Stop Price if the difference between the Order Stop Price and the current Bid with the highest Rate (if Order Stop Side is “Bid”) or the current Ask with the lowest Rate (if Order Stop Side is “Ask”) exceeds Trail By Pips.
• • III.III.vi In cases when the Client Trading Account’s Margin Level is insufficient, the Client agrees that:
    • (a) The Server constantly monitors Margin Level and can issue instructions to close any or all Open Client Positions without prior notice and according to the relevant Market Order;
    • (b) The Company has the right to close any of the Client’s Open Positions without prior consent should the Equity amount to less than 30% of the Margin;
    • (c) The Client is liable for any losses incurred if the Client Trading Account equity goes into negative and is required to pay the full amount due with immediate effect.
• III.IV Resolution of Disagreements
• • III.IV.i The Dispute Resolution process can be triggered by both the Company and the Client. This should be done as soon as possible following the occurrence of conflict between both parties. Disagreements will be handled per the Company’s Dispute Resolution procedures and must include:
    • (a) Client name and surname, or company name in case of legal entities;
    • (b) Client MT4 Login;
    • (c) Time and date of conflict in UTC;
    • (d) Order Ticket;
    • (e) A brief explanation of conflict and reference to these Terms of Business as necessary.
  • III.IV.ii The Company has the right to refuse any complaints containing emotional assessment of the conflict, vulgar, obscene or insensitive language.
  • III.IV.iii The Server Log-File is considered primary evidence of conflict situations and is superior to other data such as the Client Terminal Log-File. If the Server Log-File does not contain the data relating to the Client’s complaint, the Company reserves the right to dismiss the complaint.
  • III.IV.iv Complaints will be resolved by crediting or debiting Client Trading Accounts, voiding Transactions or Cancelling orders as the Company deems fit. Procedures belonging to other companies will not be taken into account at any point during the Dispute Resolution Process.
  • III.IV.iv Complaints will be considered within 30 days from when they are received and the Company will attempt to resolve the issue at the earliest convenience.
  • III.IV.v The Company will not be held liable and will not be required to consider complaints if:
    • (a) The Client incurs a loss or receives a lower profit than expected as a result of the Client’s failure to complete an action;
    • (b) The Client experiences any non-financial damage indirectly linked to their activity on the Company Website;
    • (c) The Client attempts to issue an instruction during routine maintenance to the Server that they were notified about previously via any medium. The Client may not file a complaint based on the fact that they did not receive notification of scheduled Server maintenance;
    • (d) The Client uses temporary excess Free Margin on the Client Trading Account resulting from a profitable position opened at an Error Quote or a Quote based on a Manifest Error that is later cancelled by the Company;
    • (e) An order fails to be executed due to an Error Quote or due to insufficient Free Margin necessary to initiate a Transaction. The Order will automatically be cancelled and subsequent complaints will be considered null;
    • (f) The Client is unable to send an instruction due to internet connection, manifest errors or error from the Trading Platform software and hardware of either party;
    • (g) The Server liquidates any or all of the Client’s Open Positions due to an Error Quote, Manifest Error, malfunction or misuse of the Trading Platform;
    • (h) If clause III.III.vi is breached as a result of a Dispute in respect of another Order, Open Position or Transaction, and the Company initiates a Dispute resolution following section III.VI, the Company will pay the Customer the difference between the value of closing the Open Position at the actual close price and the value of closing the Open Position at the Quote - which is not an Error Quote and is registered in the Quotes Flow at the moment the position is closed;
  • III.IV.vi Valid situations for initiating a Dispute Resolution Process include when:
    • (a) An Order is executed by the Company at a price that differs from the price that it should have done (according to Section III.III);
    • (b) The Company initiates a Dispute resolution per section III.VI, the Company debits/credits the Customer’s Trading Account with the difference between the value of executing a Transaction at the actual execution price and the value of executing a Transaction at the price at which the Order should have been executed per section III.III.
• III.V Client Trading Account Information
• • III.V.i The Company will confirm a Transaction following the Client’s execution of the Order and will communicate the confirmation via the Client Terminal. Confirmations are conclusive and binding to the Client. In cases when the Company does not communicate confirmation of the Client’s Order, the validity of the transaction will not be affected.
  • III.V.ii Details of the Client’s Trading Account posted on the Client Terminal will be available for the Client to produce daily and monthly reports on their Trading Account activity and for each Transaction.
  • III.V.iii Trading Account information will be made available within 24 hours following Client activity. The updating of Client Trading Account information is equal to a confirmation.
  • III.V.iv The Company has the right to remove or edit any Trading Account Information when required by the Company. Trading Account information posted on the Client Terminal is considered evidence of Client Transactions unless proven incorrect.
  • III.V.v The Client accepts that the Company is not required to produce any form of transaction Confirmation apart from through the Client Terminal.
• III.VI Prohibited Trading and Arbitrage
• • III.VI.i Due to delayed internet connectivity and errors in price feeds, the prices displayed on the Trading Platform do not always offer accurate representations of current market rates. The concept of arbitrage trading cannot exist in over-the-counter markets, and the Company likewise does not permit this practice through its platform. Any transactions stemming from Arbitrage opportunities will be dismissed.
  • III.VI.ii Accounts that employ Arbitrage strategies will be subject to the Company’s intervention and approval of Orders. In the case of conflict arising from price quotes or execution errors, ApoliEX reserves the sole right to resolve the issue as deemed necessary.
  • III.VI.iii The Company is not obliged to inform the Client in instances outlined above, and may act according to market conditions.
  • III.VI.iv The Client accepts that the Company and anybody associated with it will not be held liable for any losses, damages or expenses that the Client incurs from using the Company’s services, given that such costs do not result from negligence or fraud from ApoliEX.
  • III.VI.v If the Client is found to be using such techniques, ApoliEX has the right to:
    • (a) Close the client’s account;
    • (b) Suspend the Client’s Account
    • (c) Investigate the Client’s Account
    • (d) Charge a Penalty Fee equal to or higher than the value of the Client’s profits resulting from using such techniques.
  • III.VI.vi The Client will not gain access to, attempt to gain access to, reverse engineer or otherwise bypass any security measures existing on the ApoliEX Trading Platform.
  • III.VI.vii The following actions are prohibited:
    • (a) Use of software applying Artificial Intelligence Analysis to the Company’s system and platform
    • (b) Damage, control or alter any communication from the Company that was not intended for the Client
    • (c) Use tools such as spider, worm, trojan horses, time bombs or other codes or instructions intended to damage or alter the Trading Platform or any other system belonging to the Company
    • (d) Send any unauthorised commercial communication that was not requested by the Company.