ProBotX | Terms and Conditions

Terms and Condition

1. Introduction

This Agreement (the ‘Agreement’), including the schedules (if any) as amended from time to time, is the document that governs the relationship between you (referred to as ‘client’, ‘customer’, ‘you’, 'your', and ‘yourself’ as appropriate) and Probotx (also referred to as ‘probot’, ‘firm’, ‘company’, ‘we’, ‘us’, ‘our’, and ‘ourselves’ as appropriate) concerning the services provided by us to you and your activity with us.

2. Term

This agreement will take effect on the date that you (the “client”) receive and agree separately to its terms or, if earlier, once your account with us has been activated.

3. Communication Methods

We may communicate with you by telephone, letter, email, text message, or in-person meetings. We will use the contact details you gave us when you opened your account or any such details that you notified us of later on.

4. Scope of Service

After we have accepted your application form, we will open your account. We may open different accounts for you. Depending on your knowledge, experience, and types of trades, certain account types and features may or may not be available to you. When we open an account for you, we will inform you of the type of account opened. We reserve the right to refuse to open an account for any reason. Furthermore, we may change the features and criteria of our accounts at any time by notifying you of the change, whether on our website, trading platform, via email, or otherwise in person.
In this clause 4, we describe the services we may agree to carry out for you were you have elected to receive such a service in the client application form and/or such other services as may be specifically agreed in writing between us. The available services are: •

a. Reception and transmission of orders.
b. Execution of orders on your behalf; and
c. Dealing on your account through the bots offered by our platforms.

“Bots” are here defined as “an automated trading bot that executes trades across multiple markets, including Forex, Indices, and Commodities. Using advanced algorithms, it scans market data, identifies trading opportunities, and executes trades based on your predefined settings and risk preferences.”

We will only accept instructions transmitted via the means approved by us, including, but not limited to, the email address you used to activate your account (i.e., your registered email address), and under certain circumstances, as determined within reason by us, accept instructions via telephone, provided that we are satisfied of your identity and of the clarity of the instructions. You may transmit orders by contacting the Dealing Department of Probot by telephone, in which case we need to be satisfied with your identity. Orders via telephone will be accepted only in our official language. It should be noted that Probot reserves the right to reject such verbal orders when the operator of the dealing department is not satisfied with the client’s identity or clarity of the orders. The client accepts that at times of excessive transaction flow there might be a delay in connecting over the telephone with an operator of the dealing department, especially when there are important market announcements. We do accept the orders placed by you through verbal communication, which takes place in person in a meeting with our representatives.
We bear no responsibility for any loss that arises as a result of delayed or unread communication sent by us to you.
That you will be able to submit your investment in our platform through multiple means, including but not limited to online banking transactions, crypto transactions, including Mcoin, cash transactions, or through any other channel that is approved by us.
You understand that time is important when trading on leveraged products; therefore, you are responsible for ensuring that any communication in relation to your dealings with us is sent to us on time.
You understand and accept that all your orders are executed by the bots available on our platform upon the instructions and specifications given by you. This means that the bot uses advanced strategies to scan the Forex market and execute trades and the order placed by you. By accepting the agreement and placing any order with us, you expressly provide your prior express consent before proceeding to execute your orders outside through using this bot technology introduced by our platform.
We, along with our bots, are authorised by you to take any action we consider reasonably necessary or appropriate either to provide the services (including but not limited to acting as your agent and delegating our authority as your agent to another) or to comply with any applicable laws or regulations as may reasonably be appropriate. You agree to ratify and confirm everything lawfully done in the exercise of such discretion.
There are multiple service charges and costs incurred by our platform in order to fulfil the transaction or order placed by you. By placing any order, you further confirm that our team leader has conveyed to you all the details of such costs, taxes, and charges, and you are fully aware of all such taxes, charges, and costs that we will bear, and you further agree that we have all rights to deduct all such taxes, amounts, and costs incurred by us in reference to the services provided to you by us under this Agreement before the completion of the transaction.
We reserve the right to reverse any transactions that we deem to be contrary to your interest or ours, for any reason.
We further reserve all the right to withhold any of your transaction or amount invested with us at any time due to suspicion of, including but not limited to, money laundering, terror financing, illegal source of money, etc. This shall further lead to due diligence and enhanced due diligence of the account and the transactions, after which the risk assessment department shall take the final decision regarding the disputed amount or the account.

6. Risks associated with the service

We provide services for trading derivative financial contracts. Our contracts are traded on a margin or leverage basis, a type of trading that carries a high degree of risk to your capital. The price of the contract you make with us may change quickly, and your profits and losses may be more than the amount of your investment or funds. If you do not hold sufficient funds to meet your margin requirements, then we may close your open positions immediately and without notice. Please read the Risk Warning Notice carefully to understand the risks of trading on a margin or leverage basis. You should not deal in our contracts unless you understand and accept the risks of margin trading. Trading in these products may not be suitable for everyone.

All investment is subject to risk, and the degree of risk is a matter of judgement and cannot be accurately predetermined.
We give no warranty, representation, or promise as to the performance or profitability of your account with us or your investments or any part thereof.
The value of investments and the income derived from them can fall as well as rise and is not guaranteed.
Risk of Loss and Margin Calls Trading can result in the loss of some or all of your funds deposited. Unless you are a retail client, it is possible that you may lose more than your original amount invested (such excess loss, the “shortfall"), and you will be required to repay the shortfall immediately to us. The shortfall could be a substantial amount relative to the size of your amounts.
In order to execute transactions on your behalf, we transact with third parties, including but not limited to banking institutions, when we have a requirement to hold client money, and we may also deposit client margin with our liquidity counterparties, which may also be a regulated banking institution or other financial institutions. The insolvency of any of these third-party entities may cause the insolvency of us and may delay the return of client money to you. Note, however, that we attach the greatest importance to client money protection and have taken steps to protect client funds. We are also required to hold a statutory amount of regulatory capital as a financial buffer to mitigate the adverse financial effects of its insolvency and/or winding up on its own.
If, despite provisions put in place for such instances, our own technology or that of our liquidity counterparty or bots that execute transactions or any third-party on which our operations depend, including, without limitation, our data centre servers or commercial broadband as well as backup providers or systems for essential infrastructure, suffer a fault for any reason or an attack, you may suffer loss as a result. The firm will in each circumstance assess the reason for the losses incurred, and if the circumstance could reasonably have been expected to be avoided, then where possible and at its sole discretion, it will compensate the affected.

5. Advice

As a retail client, you must advise us of your investment objectives and any relevant restrictions you want to impose when placing the order. Any such restrictions shall not be treated as breached solely as a result of subsequent variations in the value of any investment or asset credited to the account.
We do not provide any advisory service, and any investment decision taken is exclusively by you alone, and should you require any advisory services, you must rely upon your own financial advisor. Therefore, any explanation we may provide as to the terms of a transaction or its performance characteristics will not amount to advice.

7. Representation and warranties

You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each date on which a transaction is entered into under this Agreement) that:

You have full power and authority to execute and deliver this Agreement, each authorisation to bot, transaction, and any other documentation relating thereto, and to perform your obligations under this Agreement and each transaction, and you have taken all necessary action to authorise such execution, delivery, and performance.
Any such execution, delivery, and performance will not violate or conflict with any law applicable to you, any provision of any constitutional documents, any charge, trust deed, contract, or other instrument, or any contractual restrictions applicable to, binding on or affecting you or any of your assets, or oblige you to create any lien, security interest, or encumbrance.
All governmental, regulatory, and other consents that are required to have been obtained by you in relation to this Agreement have been so obtained and are in full force and effect, and all conditions of any such consents have been complied with.
Your obligations under this Agreement constitute your legal, valid, and binding obligations, enforceable in accordance with their respective terms.
You will comply with all laws, rules, regulations, and disclosure requirements of any relevant jurisdiction, exchange, market, or regulatory authority that apply in respect of us, you, or your investments from time to time.
You will promptly give (or procure to be given) to us such information and assistance as we may reasonably require, enabling us to assist or achieve compliance.
Where we provide you with an execution-only service, you have the capacity to evaluate and understand the terms, conditions, and risks of each transaction (whether or not recommended by us) entered into hereunder, and you are willing and able to accept those terms and conditions and to assume (financially and otherwise) those risks.
You are acting as principal in entering into this agreement and each transaction hereunder.
Where an event of default occurs, you will give us notice as soon as you become aware of such an occurrence.
You will not pay to or provide us with any assets that are subject to any security or lien other than the security and liens created in our favour or otherwise contemplated, and you will not charge, assign, or otherwise dispose of or create any interest in any of your rights or interests in any transaction or in any sum or other payment or assets held by us on your behalf.
The funds are not the direct or indirect proceeds of any illegal act or omission, nor are they the product of any criminal activity that constitutes a predicate offence under any Anti-Money Laundering and Countering the Financing of Terrorism legislation.
You warrant that any documents sent to us during your account opening process, as well as throughout the duration of the agreement, are valid and authentic. In the event that we believe, in our sole discretion, that any document is incorrect or invalid, we will request alternative documentation. Failure from you to provide such documentation may lead us to take any necessary action, such as rejecting or terminating your account.
Where you are an individual (i.e., a natural person), you warrant that you are over 18 years of age at the moment of entering into the agreement.
You represent and warrant that you have been provided with a warning that trading leveraged products through bots involves a significant risk of loss and that, due to the speculative nature of trading, you should not invest more than you can afford to lose.
You will not enter into any transaction that contravenes the governing legislation or any other law against insider dealing or market manipulation, either on an individual account or multiple accounts or multiple profiles and/or between one or more clients.
You will not use the trading platforms offered by Probotx in any abusive way, including but not limited to latency arbitrage, swap arbitrage, and/or contrary to good faith, either on an individual account or multiple accounts or multiple profiles and/or between one or more clients.
In the event that you entered into a transaction in breach of the representations and warranties given in the above clause or we have reasonable grounds for suspecting that you have done so, we reserve the right to cancel or consider void part or all your abusive transactions, close all or any of your account(s), recover any losses incurred from such practices, and terminate the agreement.

8. Delegation and use of agents

Without prejudice to the powers of executing transactions and delegation of authority to the bot offered by our platform, we may delegate any of our functions in respect of the services to an associate of ours and provide information about you and the services to any such associate on such terms as we may determine without your further consent, but our liability to you for all matters so delegated shall not be affected thereby. We will act in good faith and with due diligence in our choice and use of such agents.

9. Complaints and disputes

If you wish to raise any complaint or dispute, you should contact us as soon as practicable. If we identify a dispute, we will notify you as soon as possible.
We operate a complaints handling procedure to enable us to deal promptly and fairly with complaints. Details of this procedure are available on request from Client Management.
Please keep your own record of dates or times of trades and other issues, as that will help us to investigate any complaints or disputes. It may be difficult or not reasonably possible for us to locate records/tapes in relation to trades and other issues in the absence of information about the dates and times of any trades or other issues in dispute.
If either you or we notify the other party of a dispute, you and we will consult in good faith in an attempt to resolve the dispute in a timely manner, including, without limitation, by exchanging any relevant information and by identifying and using any agreed process that can be applied to the subject of the dispute, or, where no such agreed process exists or you and we agree that such agreed process would be unsuitable, by determining and applying a resolution method for the dispute.

10. General provisions

You shall not, under any circumstance, assign or transfer any of your rights and/or obligations under the Agreement to another person. We may, however, assign or transfer any of our rights and/or obligations under the Agreement to another person, provided that such person agrees to abide by the Agreement.
The Agreement constitutes the entire agreement between you and us and supersedes all and any previous agreements, promises, assurances, warranties, representations, and understandings between you and us, whether written or oral. You agree that you shall have no remedy in respect of any statement, representation, assurance, or warranty that is not set out in the Agreement.
No failure or delay by us to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that right, or any other right or remedy, nor shall it prevent or restrict the further exercise of that right, or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that right or any other right or remedy.
If, for any reason, part of the Agreement and/or any part of a specific clause is deemed to be unenforceable by a court of competent jurisdiction, then such part shall be severed from the rest of the Agreement or the term, and the remainder of the Agreement shall remain unaffected and enforceable.
Clauses from the sections and sub-sections ‘Understandings of Both Parties’, ‘Confidentiality and Data Protection’, ‘Representations and Warranties’, ‘Exclusion of Liability’, ‘Indemnity’, ‘Termination’, ‘Governing Law and Jurisdiction’, ‘General Provisions’ or any other clause that may be required to give effect to the meaning of the Agreement shall survive termination of the Agreement.

11. Indemnity

11.1 You shall indemnify us on demand against all liabilities, costs, expenses, damages (including reputational) and losses (including, but not limited to, any direct, indirect, or consequential losses), and all interest, penalties, and professional costs and expenses (calculated on a full indemnity basis) incurred by us as a result of:

your breach of the Agreement;
the provision by you of any false or misleading information to us; and/or
the enforcement of the Agreement.

11.2 In general, indemnity means a sum of money paid as compensation for losses suffered.

12. Amendments and Termination

Any amendment to this Agreement shall be posted to the website and shall take effect immediately unless a future date has been specified. Any amendment proposed by you shall take effect when accepted in writing by us.
You may terminate the agreement at any time and for whatever reason by providing us with a 60-day notice via email using your registered email address, provided that there are no open positions on your account, nor are there any outstanding obligations to us.
We may terminate the agreement at any time and for whatever reason by providing you with a minimum of 7 days’ notice. Where we decide to terminate the agreement, we will specify the termination date, and we will proceed with closing any open positions on your account as we see fit.
We shall terminate the agreement with immediate effect in the event of:
1. a breach of any part of the Agreement by you;
2. where we have reasonable grounds to believe that you have not acted in good faith, including, but not limited to, where we determine that you have, willingly or not, abused our policies. This includes, but is not limited to, you hedging your exposure using multiple trading accounts, whether under your same profile or in connection with another client.
3. an issuance of an application, order, resolution, or other announcement in relation to bankruptcy or winding-up procedures involving you;
4. your death or incapacity (please note that in the event of death, any funds available in your account(s) shall form part of your estate);
5. a breach of any applicable law by you, including but not limited to Anti-Money Laundering and Countering the Financing of Terrorism legislation;
6. You have acted contrary to all our available policies or procedures.
7. all accounts being inactive for a period of 12 months.
Termination of the agreement shall not imply that any of your responsibilities cease to exist. You will still be liable to pay us, and/or we will have the right to immediately deduct from your account.
1. any amount due to us;
2. any expenses incurred by us as a result of the termination of the Agreement;
3. any damage arisen after an arrangement or settlement.
Upon termination of the agreement, we will transfer any amount available in your accounts to you, net of any outstanding amount that is due to us, except where we are prohibited to do so by law.

13. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with United Arab Emirates law, and the parties irrevocably submit to the jurisdiction of the United Arab Emirates courts.

14. Miscellaneous

Our appointment under this Agreement is given by you on behalf of your successors in title as well as yourself. Accordingly, if you are an individual and should die and are not one of a number of joint holders as contemplated in the previous clause, this agreement will continue in effect until terminated by us or your personal representatives in accordance with previous sections of this agreement. We may (but prior to any grant of representation are not bound to) act on the instructions of your personal representatives.
This Agreement supersedes any previous agreement between the parties relating to the subject matter of this Agreement.
Each of the parties shall execute all deeds or documents (including any power of attorney) and do all such other things that may be required from time to time for the purpose of giving effect to this Agreement and the transactions contemplated hereby.
Each of the parties acknowledges and agrees that in entering into this Agreement and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement.
Nothing in this Agreement (or any of the arrangements contemplated hereby) shall be deemed to create a partnership between the parties.
Each of the parties shall pay the costs and expenses incurred by it in connection with negotiating and entering into this Agreement.
No failure to exercise or delay in exercising any right or remedy under this Agreement shall constitute a waiver thereof, and no single or partial exercise of any right or remedy under this Agreement shall preclude or restrict any further exercise of such right or remedy. The rights and remedies contained in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.
You agree to pay any amount payable in respect of any transaction executed with or through us on the due date regardless of any right of equity, set-off, or counterclaim which you may have or allege against any of us or any bots or associates of ours or other person connected with us.
If any term or provision in this Agreement shall, in whole or in part, be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term, provision, or part shall, to that extent, be deemed not to form part of this Agreement, and the enforceability of the remainder of this Agreement shall not be affected thereby.
By becoming a client, you do not obtain any rights in any intellectual property belonging to us. The Probotx Website, the Software, any data, information, documentation, and/or creation shall be protected in accordance with the applicable laws, and you shall have no right, neither at the time of entering into the Agreement nor at any point in the future. All rights, whether expressed or implied, and whether existing now or in the future, are reserved.
All communications and any agreement between you and us under this Agreement, information, notices, requests, and documents published on our website will be in the English language.
By providing us with your email address, you consent and agree to all information, notices, and requests we are required to provide you will be provided to you electronically by email.

Please make sure that you have visited our platform/website and read all of the published and available documents along with supporting material. If you have any queries feel free to contact our support team.