1. Welcome to Trade Guardian
1.1 Trade Guardian (the "Company") provides you ("you" or the "Trader") with a limited license to use the services (the "Services") offered by the Company subject to the terms and conditions contained herein (the "Agreement").
1.2 This Agreement is a legally binding contract, and you have a duty to read this Agreement before using or accessing the Services offered by the Company. By using the Services, you agree to the terms and conditions contained within this Agreement.
1.3 The Company reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event the Company replaces, modifies, or amends this Agreement, your continued use of the Services after a change in the Effective Date of said changes will constitute your agreement to any replacement, modification, or amendment to this Agreement.
2. Trader Representations
2.1 By using the Services, you represent that you are at least eighteen (18) years old and are of sound mind and that you have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Services on behalf of a business entity or other third party, you represent that you have actual authority to act as an agent of that business entity or third party and that you have the right and ability to agree to and bind that third party or business entity to the terms of this Agreement on its behalf.
2.2 You represent that your use of the Services does not violate any law, regulation, ordinance, statute, or treaty applicable to individuals or business entities located in the jurisdiction in which you live. You further represent that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
3. Limited License
3.1 The Company provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to use the Services for their customary and intended purposes. You are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Services or the Company website, whether in whole or in part, without the prior written consent of the Company.
3.2 You acknowledge and agree that your limited use of the Services does not entitle you to any license or intellectual property rights to any technology, intellectual property, copyrights, trademarks, or trade secrets of the Company or any third-party contractor thereof. You acknowledge and agree that your use of the Services is limited by the terms of this Agreement, and you expressly agree that you will not use the Services in any manner not expressly authorized under this Agreement. The Company reserves all rights not expressly granted through this Agreement.
3.3 This license is revocable at any time, and any rights not expressly granted in this Agreement are reserved for the Company.
4. Prohibited Uses
4.1 You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights.
4.2 Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service (DoS) attacks on, reverse engineering, or circumventing technological protection measures of the Services or the Company website.
4.3 You are also prohibited from using the Services or the Company website to transmit unsolicited commercial emails to third parties or Traders of the Company. While the Company is not responsible for any such content posted by its Traders and does not have the affirmative obligation to monitor such content, it reserves the right to remove it.
4.4 Additionally, the Company reserves the right to disallow or block any Trader from participating in the program for any reason, in the Company’s sole and absolute discretion.
5. Education
5.1 The Company does not provide any trader education. The intent of the Company is to identify individuals with a talent for trading. No live trading is provided by the Company. The Company offers its service exclusively for the use of simulated accounts under the terms of an agreement with TheTradeGuardian.
5.2 Although the Company may provide data, information, and content relating trading, such data, information, and content is provided solely for general informational and educational purposes. The Company does not invite the Trader to take any action based upon any of the information and materials provided by the Company; you should not construe any such data, information, or content as investment, financial, tax, legal, or other advice.
5.3 The Company further does not make any representations that any data, information, and content on the Company website is accurate or complete. You alone will bear the sole responsibility of evaluating the merits and risks associated with using any such data, information, and content. As such, you agree not to hold the Company liable for any possible claims of damages that may arise from any decision you make based upon the use of data, information, or use of the service provided by the Company, or content on the Company website.
5.4 While the Company does not provide you with the opportunity to invest actual currency, the Company wants to ensure you understand the risks involved with traditional investing. You should be aware that the risk of trading and investing is high and substantial. It can work for you as well as against you.
5.5 It may or may not lead to substantial losses. Additionally, past performance is not indicative of future results.
5.6 As such, you should carefully consider whether trading and investing is right for you depending on your investment objectives, level of experience, and risk appetite. If you are unsure, you should consult with a financial advisor and/or tax advisor.
6. Account Creation
6.1 To register for the service provided, you may be asked to provide personal information, including, but not limited to, your name, email address, mailing address, phone number, date of birth, and a username and password for an account unique to you.
6.2 The account will be personal to you, and you cannot share it with anybody else. You also may not purchase an account on behalf of a third party or have an account purchased for you by a third party. You will be responsible for maintaining the confidentiality of your username and password. If you suspect that your account has been breached, you must immediately notify the Company.
7. Purchases and Refunds
7.1 The Company may provide products, services, subscriptions, or access to certain portions of the Company’s website at a monetary cost. Prices and availability are subject to change without notice. The Company may allow for such purchases within its website or via a white-label affiliate. It is your responsibility to thoroughly read and understand any such terms and conditions.
7.2 By making any such purchases, you agree that the Company has no responsibility and acquires no liability for any claim related to your purchases.
7.3 Upon the complete purchase of a product, service, subscription, or access to certain portions of the Company website, the Company will make any said product, service, or access available to you following the approved transaction.
7.4 There are no refunds on any Services purchased from the Company. If you, as a purchaser, are deemed “high risk” by our payment processors, we may require you to provide additional documentation or information to proceed with the challenge. Failure to provide the requested documentation and information within twenty-four (24) hours of said request may result in your use of and access to the Services being revoked. The documentation and information supplied do not guarantee that this status will be revoked and may still be subject to ineligibility.
7.5 Missed Charges & Cancellations
If a payment for a purchased product, service, or subscription is declined, reversed, or otherwise not successfully processed ("missed charge"), the Company reserves the right to immediately suspend or cancel your access to the relevant Services. You will receive a notification regarding the missed charge and will have 48 hours to resolve the issue by providing an alternative payment method. Failure to complete the payment within this period may result in permanent termination of your access to the Services without further notice. Reinstatement of access after cancellation due to missed charges is subject to Company discretion and may require additional fees.
8. Trademarks
8.1 You acknowledge and agree that all trademarks, trade names, design marks, or logos displayed on the Company website are either common law or registered trademarks owned by or licensed to the Company. You are strictly prohibited from using the Company’s trademarks in any way that may cause confusion, mislead consumers, create false impressions, or misrepresent the origin, source, or sponsorship of your goods or services. Additionally, you may not use the Company’s trademarks in domain names, keyword advertisements, trigger keyword advertisements, or meta tags. All other trademarks, trade names, design marks, or logos belong to their respective owners.
8.2 You acknowledge and agree that the Company, along with its suppliers and licensors, retains all intellectual property rights in all text, programs, products, processes, technology, content, and other materials appearing on the Company website. Accessing the website does not grant you any rights or licenses to use the Company’s or any third party’s intellectual property. All rights, including copyright, in this website are owned by or licensed to the Company or third-party suppliers. Any use of this website or its contents beyond personal, non-commercial purposes—including copying or storing any portion of it—is prohibited without prior permission from the Company. You may not modify, distribute, or republish any content from this website for any purpose.
8.3 The Company’s names, logos, and all related products, services, and slogans are trademarks or service marks owned by or licensed to the Company. All other marks belong to their respective owners. No license is granted to use any trademarks or service marks associated with the Company’s materials. Access to the Company website does not authorize the use of any names, logos, or marks in any manner.
8.4 All materials on this website—including images, text, illustrations, designs, icons, photographs, programs, audio clips, video clips, downloads, and written content (collectively, the “Contents”)—are intended solely for personal, non-commercial use. Downloading or copying any materials does not transfer ownership, rights, or interests to you. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit any part of the contents, the Company website, or any related software in any way. Any unauthorized use of the website's contents, including reproduction, modification, distribution, transmission, or republication, is strictly prohibited. Unless otherwise stated, all contents are copyrighted, trademarked, or otherwise protected intellectual property owned, controlled, or licensed by the Company, its affiliates, or third parties that have granted licenses to the Company. The collection, arrangement, and compilation of all contents on the Company website are the exclusive property of the Company.
9. Disclosure Statement
9.1 Before deciding to participate in financial markets, you should carefully consider your investment objectives, level of experience, and risk appetite. Most importantly, do not invest money you cannot afford to lose.
9.2 There is considerable exposure to risk in any over-the-counter transaction, including, but not limited to, leverage, creditworthiness, limited regulatory protection, and market volatility that may substantially affect the price of the products you are trading.
9.3 Moreover, the leveraged nature of over-the-counter trading means that any market movement will have an equally proportional effect on your funds. This may work against you as well as for you.
9.4 There are risks associated with utilizing an Internet-based trading system, including, but not limited to, the failure of hardware, software, and Internet connection. The Company is not responsible for communication failures or delays when trading via the Internet. The Company employs backup systems and contingency plans to minimize the possibility of system failure.
10. Term and Termination
10.1 The term of this Agreement will begin when you purchase a Service offered via the Company and will continue until either the Company terminates your access to the Services or you stop using the Services.
10.2 The Company reserves the right to terminate the Services or your access to the Company website in its sole and absolute discretion and without prior notice.
11. Scope of Software Service
11.1 The provided software functions solely as a technical tool that operates exclusively based on user-defined restrictions and entirely at their own discretion within a demo and virtual environment. The provided service is for general informational and educational purposes only and does not constitute financial advice, investment services, or trade execution within a real money or regulated enviornment. Traders explicitly grant permission for the installation and execution of the software on their virtual trading accounts. By granting this permission, the trader authorizes the software to apply the predefined restrictions they have set at their own discretion, without making independent trading decisions or influencing market outcomes.
11.2 The software applied to the demo account is designed to monitor and assist in adhering to the following limits, based on the parameters set by the trader, within the demo environment:
Maximum Drawdown (Max DD): If the trader's specified drawdown limit is reached, the software will stop further trading to help prevent additional losses. It will close all currently open positions, as well as any newly opened positions exceeding the trader-defined limits, until the end of the trading day (0 server time), as configured by the trader.
Maximum Profit (Max Profit): Upon reaching the trader’s specified profit target, the software will prevent further trading to help secure the achieved gains. It will close all currently open positions, as well as any newly opened positions exceeding the trader-defined limits, until the end of the trading day (0 server time), as configured by the trader.
Maximum Number of Trades (Max Trades): Once the trader’s specified maximum number of trades is reached, the software will stop the opening of any new positions. It will close all currently open positions, as well as any newly opened positions exceeding the trader-defined limits, until the end of the trading day (0 server time), as configured by the trader.
These functionalities are strictly limited to the demo environment and operate solely within the parameters set by the trader, without making independent decisions or altering market conditions. The software service is provided solely for general informational and educational purposes and does not constitute financial advice, investment services, or trade execution in a real-money or regulated environment.
11.3 It is important to note that all actions taken by the software—such as closing positions or preventing further trading—are based entirely on the trader's specific risk settings, which are configured at their discretion. These actions are taken solely within the virtual demo environment and only for general information, testing and educational purposes.
11.4 It is important to note that while the software functions according to the trader's explicit instructions, TradeGuardian assumes no responsibility or liability for any trades executed, including but not limited to potential financial losses, missed trading opportunities, or technical issues. The software operates solely on the basis of the trader’s pre-configured settings within the demo environment, and any resulting outcomes are the sole responsibility of the trader.
11.5 Account information is stored only for the duration of the trader’s active use of the service. Once the trader no longer actively uses the service, all account-related information will be deleted from our system.
11.6 Traders have the option to "lock" their risk settings for a period of 30 days within the virtual environment. This lock is applied at the trader's sole discretion and personal wish, it is intended to prevent emotional decision-making and strategy-hopping, which are common in trading. However, should the trader wish to deactivate the virtual account or modify the risk settings before the 30-day lock expires, they may do so by contacting TradeGuardian via the official email address at support@thetradeguardian.com. By explicitly requesting the deactivation of their risk settings or account as mentioned within the terms and conditions under 11.6, the trader acknowledges and accepts the consequences of overriding the lock, including potential impacts on their risk management strategy and trading outcomes. Upon such request, the software will be terminated for the requested accounts.
11.7 For General Informational Purposes Only and as a Tool to Support Technical Risk Handling
11.7.1 General Information and Demo Environment:
The use of the service and software platform is strictly limited to a virtual demo/test environment with no real funds and capital. No investment advice, asset management, regulated trading activities, or professional financial services are offered. The software is intended and offered solely for general information, educational purposes and to assist with risk handling within an unregulated virtual environment.
11.7.2 Technical Risk Handling at the Trader's Own Discretion and Responsibility:
The service and software serve exclusively as a technical tool to assist with risk handling within a demo environment. The trader/customer configures the settings entirely independently and at their own discretion within their user portal. Once the settings are configured by the trader, the software is adjusted accordingly to reflect the trader's personal preferences. It is explicitly stated that the software does not make any automated trading decisions at its own discretion within the demo environment nor does it provide investment advice.
11.7.3 No Asset Management and No Regulation:
There is no asset management, regulated trading, or professional financial services provided. The software merely provides a technical aid within a none regulated demo and virtual testing enviroment and does not influence the trader’s decisions. The trader/customer remains fully responsible for all trading decisions and settings provided for the software.
11.7.4 Deactivation and Adjustment of the Service:
The service, which solely functions as a technical tool to assist with risk handling within a demo environment, may be deactivated at any time by the trader/customer, as outlined in section 11.6 and 11.7.4 of the terms and conditions. To deactivate the service, the trader/customer must contact support@thetradeguardian.com and explicitly request the deactivation, stating clearly, 'As outlined in section 11.6 and 11.7.4 of the terms and conditions, I wish to deactivate my 30-day lock or completely terminate the software and service.' By doing so, the trader may override their '30-day lock' and fully terminate the service. All settings and configurations are handled within the demo environment and can be adjusted at the trader's discretion. However, it is important to note that adjustments to settings may require some time to be implemented. The trader/customer provides explicit permission for the system to adjust their virtual account details accordingly. The trader/customer acknowledges and agrees that they are fully responsible for their decisions, and no liability will be accepted for any missed trades, delays, or other outcomes resulting from these adjustments.
11.7.5 Acknowledgement of Software Ownership and Usage:
The trader/customer acknowledges and agrees that the software is proprietary to the company and that they will not be granted access to the software, source code or any underlying components of the software. The trader/customer is only granted a limited, non-exclusive license to use the service provided.
The trader/customer understands that they are not authorized to modify, reverse-engineer, or otherwise alter or hack the software. However, the trader/customer provides explicit permission for the company to apply the software to their demo account in a virtual environment, in accordance with the trader's settings and preferences, entirely at their own discretion. The use of the software is limited to the demo environment, and the trader/customer agrees to adhere to the terms and conditions governing its application.
11.7.6 Acknowledgement and Agreement:
By using the service, the trader/customer explicitly acknowledges that they have read and understood the terms and conditions. They confirm that they understand that no investment or trading services, asset management, or regulated trading activities are being offered. The use is solely for general informational and educational purposes only within a demo virtual environment with no real and only simulated capital. The trader/customer assumes full responsibility for the trading decisions they make and agrees to the terms outlined above.
11.9 VPS-Specific Conditions
11.9.1 Service Description
The VPS provided by TheTradeGuardian is strictly for the use of MetaTrader 5 (MT5) only. Users are not permitted to use the VPS for any other software, services, or general-purpose computing. Each VPS is configured with a single MT5 terminal and a static IP address. It is not a full-fledged VPS for general use.
11.9.2 Network & IP Usage
Each VPS is assigned a static IP address. These IPs are allocated from a pool provided by our cloud provider and may have been previously assigned to others. TheTradeGuardian does not guarantee that assigned IPs are completely fresh or unused, however it is generally unlikely that the specific IP assigned to a customer has been previously used within the trading industry niche. Users acknowledge that TheTradeGuardian has no control over the history or prior usage of these IPs. TheTradeGuardian reserves the right to modify or revoke assigned IPs at any time if necessary. Any security violations or attempts to interfere with network stability will result in immediate service suspension.
11.9.3 Data Integrity
Users are responsible for maintaining their own backups. TheTradeGuardian does not provide data backups or recovery services. The VPS service is strictly a virtual trading desktop, and no other data storage, software, or files will be permitted. TheTradeGuardian is not responsible for any files, software, or other data lost by the customer.
11.9.4 Use of VPS for Demo Accounts Only:
Users acknowledge and agree that the VPS service provided by TheTradeGuardian is strictly limited to the use of demo virtual trading accounts. The use of the provided trading desktop / VPS for live trading accounts or for any real-money transactions is strictly prohibited. TheTradeGuardian assumes no liability for any losses incurred on this VPS, and all risks associated with trading are the sole responsibility of the user. Logging into live accounts with real money through the trading desktop / VPS is strictly forbidden. If a violation of this restriction is detected it will result in immediate termination of the contract, and TheTradeGuardian reserves the right to permanently ban the user from accessing the service.
11.9.5 Risk Disclosure
Users acknowledge that VPS services may experience interruptions beyond TheTradeGuardian’s control, and TheTradeGuardian is not liable for any resulting damages coming from that. Users acknowledge that trading financial instruments carries significant risk, and using a VPS does not reduce this risk. TheTradeGuardian is not responsible for any trading-related losses incurred while using the VPS or due to the unavailability of the VPS.
11.9.6 Suspension of Service
TheTradeGuardian reserves the right to suspend access to any user involved in activities that threaten network stability or violate these terms. Accounts found engaging in illegal or inappropriate activities may be suspended or permanently terminated without prior notice.
11.9.7 VPS-Specific Prohibitions
The use of the VPS for illegal activities, including but not limited to hacking, botnets, malware distribution, and any other malicious activities, is strictly prohibited. Users are not allowed to install any additional software or make modifications to the VPS configuration. The VPS is provided solely for trading purposes via MT5. High-frequency trading, DDoS attacks, and other abusive usage of the service are strictly forbidden. Hosting or distributing illegally obtained or cracked software, "warez," "nulled scripts," or any unauthorized software is prohibited. Any attempt to compromise network security, including unauthorized access, scanning, or testing the vulnerability of systems, is strictly forbidden.
11.9.8 Liability and Risks
Service Interruptions & Liability
The subscriber acknowledges that VPS services may experience interruptions beyond the provider’s control. The provider is not liable for any damages due to such interruptions. Maximum liability is limited to the fees paid for the affected period. No responsibility is assumed for special, consequential, or trading-related losses.
Trading Risks & Responsibility
The subscriber confirms having sufficient training for trading. Forex and financial trading remain high-risk activities, unaffected by VPS usage. The provider ensures technical maintenance but is not liable for trading losses resulting from system execution.
Suspension and Liability for Illegal Activities
TradeGuardian reserves the right to suspend or terminate VPS services at any time, especially if a subscriber engages in activities that violate these Terms of Service (ToS) or pose a risk to network stability. If illegal, fraudulent, or unauthorized activity is detected, the affected account(s) may be deactivated immediately pending investigation. Subscribers are solely responsible for any content, transactions, or activities conducted via their VPS. TradeGuardian assumes no liability for damages resulting from misuse, including legal consequences. If a subscriber engages in illegal activities on the server, they assume full legal and financial responsibility, including any fines, legal fees, and claims from third parties. TradeGuardian may provide relevant information to authorities if required by law. Violations will result in permanent termination without refund. In cases of severe violations, authorities may be contacted.
12. Terms of Use, Risk Disclaimer & Limitation of Liability
12.1 No Guarantee or Warranty:
Trade Guardian provides its service "as is" and "as available," without any warranties or guarantees regarding uninterrupted availability, error-free functionality, or the accuracy of its risk settings within the demo enviornment. The user acknowledges that technical errors, server failures, scheduled or unscheduled maintenance, and software bugs may affect the service. Extreme market conditions, such as high volatility, price gaps, liquidity shortages, or execution delays, may cause risk settings to malfunction or fail entirely. No system, including Trade Guardian, can guarantee absolute protection from trading losses.
12.2 No Liability for Financial Losses Under Any Circumstances:
Under no circumstances will Trade Guardian, its operators, employees, subsidiaries, or partners be liable for financial losses, including, but not limited to:
- Loss of capital, unrealized or realized profits, or missed trading opportunities.
- Account liquidations, margin calls, or forced stop-outs due to extreme market movements.
- Risk settings failing or executing with delays due to rapid price changes, liquidity issues, broker-side restrictions, or platform failures.
- Errors or mis-executions caused by latency, slippage, extended spreads, or market disruptions.
- Broker-related issues such as execution delays, connection interruptions, or forced position closures.
- Incorrect settings made by the user that lead to unwanted trading behavior.
12.3 No Fiduciary Responsibility or Financial Advice:
Trade Guardian is neither a financial advisor, broker, nor fiduciary. The service functions purely as a tool to help with risk handling as configured by the user and:
- Does not make investment decisions.
- Does not execute trades in a real market environment or intervene in trading activities with real money.
- Does not offer financial, investment, or legal advice.
The service is intended solely for virtual accounts. The system can only operate within virtual demo accounts based on the settings defined by the user, closing positions to avoid emotional errors and minimize risk. There is no intervention in real markets or trading with real capital. The user remains fully responsible for all trading decisions, broker selection, and risk settings.
12.4 Market Conditions & System Limitations:
The user explicitly acknowledges that:
- High market volatility, price spikes, news events, or unexpected market gaps may cause the risk hadnling settings to not function as expected.
- Slippage, execution delays, and liquidity shortages may prevent the system from executing risk handling actions immediately.
- Risk settings may not function during extreme market events, broker-specific execution limitations, or technical errors outside Trade Guardian's control.
The user should not rely solely on Trade Guardian as a guaranteed mechanism for avoiding losses and should always apply additional strategies to lower risk. The user explicitly grants Trade Guardian permission to configure the software within the demo account based on the provided configurations, including closing or locking positions according to those settings. Trade Guardian cannot prevent the execution of positions; it can only close them immediately after they are opened.
12.4.1 Deactivation and Adjustment of the Service:
The service, and the underlying software can be deactivated at any time by the trader/customer. All settings and configurations are handled within the demo environment and can be adjusted at the trader’s discretion. However, adjustments to settings may require some time to be implemented. The trader/customer explicitly grants permission for the system to modify their virtual account details accordingly.
By granting permission, the trader/customer understands that changes may not be immediate and that certain delays might occur. The trader/customer acknowledges and agrees that they are fully responsible for their decisions and any outcomes resulting from these adjustments. Under no circumstances will Trade Guardian be held liable for any missed trades, delays, or any other consequences arising from these changes to settings or the time required for the adjustments to take effect.
12.4.2 No Liability
The trader/customer agrees and acknowledges that Trade Guardian assumes no liability for financial losses or damages, including but not limited to:
-Missed trading opportunities due to delays in the adjustment of settings.
-Any other trading outcomes affected by these adjustments. The user explicitly waives any right to seek compensation, refunds, or legal claims against Trade Guardian for such consequences, including, but not limited to, loss of capital or any missed trading events resulting from the software’s adjustments within the demo environment.
12.5 Service Availability & Changes:
Trade Guardian reserves the right to modify, suspend, or discontinue parts of the service at any time, with or without notice. The user agrees that:
- Temporary or permanent service outages may occur due to maintenance, cyberattacks, force majeure, or unforeseen technical problems.
- No refunds, compensation, or reimbursement will be provided for losses due to service outages, functional issues, or performance degradation.
- All purchases are final and non-refundable. By signing up, the user explicitly agrees that no refunds will be granted under any circumstances.
12.6 Indemnity & Liability Waiver:
12.6.1 The subscriber agrees to fully indemnify, defend, and hold harmless TradeGuardian, its affiliates, officers, employees, partners, subsidiaries, service providers, shareholders, directors, white-label users, and representatives from any claims, liabilities, damages, losses, costs, or expenses (including but not limited to legal fees and regulatory fines) arising from:
- Any violation of these Terms and Conditions by the subscriber.
- Any illegal, fraudulent, or unauthorized activity conducted using any TradeGuardian services.
- Any claims from third parties resulting from the subscriber’s use of TradeGuardian services, including but not limited to intellectual property violations, fraud, unauthorized access, or misuse of network resources.
- The use or inability to use the service.
- Trading losses, failed risk settings, unintended account actions, or incorrect executions.
- Errors, omissions, or technical faults in the software-system, including but not limited to latency, slippage, execution failures, or platform-related disruptions.
- The violation of any term or condition of this Agreement.
- The violation of the rights of third parties, including but not limited to intellectual property rights or other personal or proprietary rights.
- The violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international.
- Any actions or omissions related to the sharing of demo account credentials or the unauthorized use of sensitive data.
12.6.2 Limitation of Liability & Exclusion of Consequential Damages:
Under no circumstances will the company be liable for claims, damages, judgments, fees, or costs arising from information on the website or the use of the service or company website. This includes, but is not limited to, compensatory damages, consequential damages, special damages, incidental damages, punitive damages, exemplary damages, costs, and attorneys’ fees, damages due to errors or omissions, and damages due to the unavailability of the website or downtime. The user acknowledges that they bear the risk for using the services/or website and that the company's liability is limited to the amount the user paid for using the services.
12.6.3 If TradeGuardian incurs any expenses, legal disputes, or penalties due to the subscriber’s actions and violation of the terms and conditions, the subscriber assumes full financial responsibility and agrees to reimburse all associated costs, including legal fees, settlements, and damages.
12.6.4 The subscriber explicitly waives any right to seek compensation, refunds, or legal claims against TradeGuardian for financial, technical, or trading-related damages arising from the above circumstances, including but not limited to loss of capital, missed trading opportunities, or unintended consequences from using the service.
12.6.5 TradeGuardian assumes no liability for any losses, disruptions, or legal consequences resulting from the subscriber’s actions. TradeGuardian also reserves the right to take legal action against any subscriber whose conduct results in financial or reputational damage to the company.
12.7 Control of Defense:
Your obligation to defend Trade Guardian will not provide you with the ability to control its defense. Trade Guardian reserves the right to control its defense, including choosing its counsel and deciding whether to litigate or settle a claim subject to indemnification. The user agrees to cooperate with Trade Guardian in its defense and to provide necessary support in handling any claims related to the service.
12.8 Final Legal Notice:
The user acknowledges and accepts that:
- Trading in financial markets carries inherent risks and can lead to significant losses.
- Market conditions, server failures, and execution delays may occur at any time, making it impossible to guarantee that the service and risk settings will function as intended in every situation.
- Trade Guardian is not responsible for financial outcomes, including missed trades, blocked trades, incorrect executions, or unexpected losses.
12.8.1 Important Note:
The service provided by Trade Guardian is intended exclusively for use with virtual demo accounts.No real money is involved. The service is not intended for use in a real market environment with real money and will never be offered or used for such purposes. All activities are conducted exclusively in a virtual demo environment, based on the user-defined risk parameters and settings. There is no influence on real trading accounts or markets. By using this service, the user confirms that they have granted the necessary permissions for the use of the demo account, as well as the necessary permission to share their demo login credentials, and that Trade Guardian is authorized to act within the framework of these demo accounts and granted permissions.
12.8.2 Permission to Share Demo Account Data:
The user explicitly agrees to provide the login details for their virtual demo account and grants full permissions for the software to operate within the demo account. The user agrees to obtain all necessary rights and permissions to share this sensitive data and enable the software to perform the required actions within the demo account. The user confirms they have obtained the necessary approvals for sharing this access information and consent to its use within the demo account framework.
12.8.3 Important Liability Notice:
By using this service, you acknowledge that Trade Guardian assumes no liability for financial losses or damages arising from the use of the service. If the user tries to share real account data or tries to use the service in a real trading environment with real money, the contract will be immediately terminated, and Trade Guardian will not be liable for any damages or losses. If such data is shared without the immediate detection of Trade Guardian, the liability waiver still applies, and no claims will be accepted.
13. Force Majeure
13.1 The Company shall not be liable to Trader for any claims, losses, damages, costs, or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions, or omissions, including, without limitation, claims, losses, damages, costs, or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure, or malfunction of any transmission or communication system or computer facility, whether belonging to the Company, Trader, or third-party service Provider.
14. Survivability
14.1 The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Services, including, but not limited to your duty to indemnify and defend the Company. In the event that any term or condition of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, such term or condition shall be modified to the extent necessary to make it enforceable, while maintaining the original intent of the provision. The remaining terms and conditions of this Agreement shall remain in full force and effect.
15. Applicable Law & Jurisdiction
This Terms shall be governed by and interpreted in accordance with the laws of the country in which TradeGuardian is legally registered at the time of a dispute. Any legal proceedings arising from this Terms and Conditions shall be conducted in the courts of the company's registered location at that time.
16. Interpretation
16.1 This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
17. Assignment
17.1 You are expressly prohibited from assigning your rights and duties under this Agreement. The Company reserves the right to assign its rights and duties under this Agreement, including in a sale of the Company or its Services.
18. Waiver
18.1 No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to, unless said waiver is in writing and signed by the party to be charged.
19. Entire Agreement
19.1 This Agreement contains the entire agreement between the Company and the Trader regarding the use of the Services and supersedes all prior understandings, agreements, or representations between the Company and Trader, whether written or oral.