1. Applicability of terms
These Terms and Conditions (the “T&C’s” or the “Agreement”) govern rights and obligations in connection with the use of services provided by OTS Technologies CY Ltd (the “Services”) trading as Optimal Traders (the “Company), offered through the www.optimal-traders.com website and its subdomains (altogether, the “Website”). These Terms are effective immediately on successful registration of your Account and continue until terminated or you stop using the Services. By registering your Account and using the Services, you expressly acknowledge and agree that you have read, understood, and agree to be bound by these Terms. Please read these T&C’s carefully. You are under no obligation to use the Services if you do not agree or understand any portion of these Terms, nor should you use the Services unless you understand and agree to these Terms
2. What you are signing up for
2.1 Assessment of Trading Skills
2.1.1 By creating an Account and paying the applicable Access Fee, you agree to undergo an evaluation of your trading abilities within a proprietary demonstration environment provided by the Company. This evaluation will be based on the specific Assessment Criteria linked to the Assessment Program you select.
2.1.2 You will receive access to the Trading Platform, which you will utilise to execute Trades. These Trades will be assessed by the Company in accordance with the Assessment Criteria relevant to your chosen program.
2.2 Optimal Trader
2.2.1 If your trading performance meets the required standards and satisfies the Assessment Criteria, the Company may extend an offer to you to become an Optimal Trader. Acceptance of this role is at your discretion, and there is no assurance that such an offer will be made, even if you meet the necessary criteria.
2.2.2 As an Optimal Trader, you will be allocated a virtual trading balance (Bankroll) by the Company, corresponding to the Assessment Program you completed. You will use this Bankroll to conduct Trades with the goal of generating a Notional Net Profit for each Trading Period.
2.2.3 If you meet the Optimal Trader Criteria during a Trading Period, you will be eligible to receive a Trader Payment for that period.
2.2.4 If you do not satisfy the Optimal Trader Criteria for a given Trading Period, you will not receive a Trader Payment for that period.
2.2.5 As an Optimal Trader, you are not required to contribute any funds to your allocated Bankroll or to cover any negative balances resulting from your Trades. Both the Bankroll and the positions taken within it are purely representative and do not involve real financial amounts or positions.
2.3 Representative Nature of Trades All Trades conducted on the Trading Platform are performed in a demonstration environment, not a live trading environment. Although the platform may incorporate real market data, your Trades will remain in this simulated environment and will not be executed in live markets. This applies to Trades made during the Assessment Program as well as those conducted as an Optimal Trader.
3. Introductory Provisions
3.1 These T&C’s govern your (“you”, “your”, or the “Customer”) rights and obligations in connection with the use of the Services provided by OTS Technologies CY Ltd, with its registered office at Leontiou A, 159 Maryvonne building, Office 104, 3022 Limassol, Cyprus, identification no: 646651 (“we”, “our”, or the “Provider”).
3.2 This Agreement is a legally binding contract, and you have a duty to read this Agreement before accessing the Services offered by the Company. By using the Services, you are agreeing to the terms and conditions contained within this Agreement.
3.3 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.
3.4 The Services are only intended for persons over the age of 18 residing in the country for which the Services are available. By registering on the Website, you confirm that you are over 18 years of age. If you are under 18 years of age, you may not use the Services. You undertake to access the Services solely from one of the countries for which the Services are available. You acknowledge that your access to and use of the Services may be restricted or prohibited by law in some countries, and you undertake to only access and use the Services in accordance with applicable laws.
3.5 The Company shall not provide Services to Customer that: (i) is of nationality or is residing in Restricted Jurisdictions; (ii) is established or incorporated, or has a registered office in Restricted Jurisdictions; (iii) is subject to the relevant international sanctions; or (iv) has a criminal record related to financial crime or terrorism. Restricted Jurisdictions means countries determined as such by the Company and published here on the Website. The Provider reserves the right to refuse, restrict or terminate the provision of any Services to Customer as per this Clause 3.5. and such Customer is prohibited to use the Services, which also includes the use of the Client Section and/or Trading Platform.
3.6 You represent that your use of the Services does not violate any law, regulation, ordinance, statute, or treaty that is 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 pre existing agreement.
3.7 THE SERVICES PROVIDED BY THE PROVIDER DO NOT QUALIFY AS INVESTMENT SERVICES UNDER APPLICABLE LAWS. THE PROVIDER DOES NOT OFFER ANY GUIDANCE, INSTRUCTIONS, OR ADVICE ON HOW TO EXECUTE TRANSACTIONS WHILE USING THE SERVICES OR OTHERWISE, NOR DOES IT PROVIDE INFORMATION ON THE INVESTMENT TOOLS BEING TRADED. ADDITIONALLY, THE PROVIDER DOES NOT ACCEPT SUCH GUIDANCE, INSTRUCTIONS, OR INFORMATION FROM USERS. NONE OF THE SERVICES OFFERED CONSTITUTE INVESTMENT ADVICE OR RECOMMENDATIONS. FURTHERMORE, EMPLOYEES, STAFF, AND REPRESENTATIVES OF THE PROVIDER ARE NOT AUTHORISED TO OFFER INVESTMENT ADVICE OR MAKE RECOMMENDATIONS. SHOULD ANY STATEMENTS OR INFORMATION FROM THE PROVIDER’S EMPLOYEES, STAFF, OR REPRESENTATIVES BE INTERPRETED AS INVESTMENT ADVICE OR RECOMMENDATIONS, THE PROVIDER EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH INTERPRETATIONS AND AFFIRMS THAT THEY DO NOT REPRESENT INVESTMENT ADVICE OR RECOMMENDATIONS.
3.8 Your personal data is processed in accordance with the Privacy Policy
4. Residency Acknowledgement & Disclaimer
4.1 You acknowledge, warrant, and agree that you are not, and will not at any time during your use of the Services be, a citizen or resident (permanent or otherwise) of a Restricted Jurisdiction, as defined in the Schedule of Assessment Programs & Fees. It is your sole responsibility to ensure that your use of the Services complies with all applicable laws and regulations in your jurisdiction, including your country of citizenship or residency.
4.2 You agree to fully indemnify the Company and its personnel against any loss, damage, or liability that may arise as a result of your use of the Services being unlawful or not permitted in any jurisdiction. For the purpose of these Terms, a Restricted Territory includes countries expressly listed as such in the Schedule of Assessment Programs & Fees or as designated by governments and regulatory bodies.
4.3 By using the Services and establishing an Account, you confirm that all information you provide is true and accurate. If there is any change in your residency status or the accuracy of your representations, you must notify us immediately.
4.4 The Company reserves the right to suspend or terminate your access to the Services without notice if it believes such action is necessary to comply with applicable sanctions laws. Please note that any fees or payments made are non-refundable in the event of a breach of this clause.
5. Definitions, expressions and abbreviations used
Unless expressly indicated otherwise or required by context, the following definitions apply
Access Fee: The upfront payment required to gain access to the Services, applicable to the chosen Assessment Program as detailed in the Schedule of Assessment Programs & Fees;
Account: The account created by you or on your behalf to access the Services offered by Optimal Traders; C Account Application Form: The relevant form, either physical or online, that must be completed to establish an Account;
Assessment Criteria: The specific benchmarks associated with each Assessment Program, as outlined in the Schedule of Assessment Programs & Fees, which determine whether Optimal Traders deems an individual proficient in trading;
Assessment Program: The trading evaluation program selected by you as detailed in the Schedule of Assessment Programs & Fees;
Bankroll: The hypothetical capital allocated to you upon selection as an Optimal Trader, used for placing trades within the program;
Confidential Information: Any information of a confidential or commercially sensitive nature, including proprietary data, methods, processes, trade secrets, and other valuable business information;
Optimal Trader: An individual who accepts the offer from Optimal Traders to participate as an independent contractor, placing trades using representative real-time data on the provided Trading Platform;
Optimal Trader Criteria: The benchmarks that must be met by an Optimal Trader to receive payments, as detailed in the Schedule of Assessment Programs & Fees;
Independent Contractor Agreement: The agreement entered into between you and Optimal Traders if selected to become an Optimal Trader;
Intellectual Property Rights: All rights pertaining to confidential information, industrial property, and intellectual property, including patents, trademarks, copyrights, and other similar rights;
Notional Net Profit: The hypothetical profit calculated based on the net positions of your trades during each trading period;
Permitted Use: The allowed activities on the Trading Platform, including placing trades as part of the Assessment Program or as an Optimal Trader;
Restricted Territory: The regions specified in clause 4, where services are restricted or not available;
Restrictions: The limitations and prohibitions on the use of Services as outlined in clause 12.2;
Schedule of Assessment Programs & Fees: The detailed schedule listing the available Assessment Programs, associated fees, criteria, and potential payments;
Services: The provision of trading technology, including the Trading Platform, and assessment services provided by Optimal Traders as part of the selected Assessment Program;
Terms: These Terms and Conditions, including all documents incorporated by reference, such as the Schedule of Assessment Programs & Fees;
Trades: The theoretical or representative trades executed on the Trading Platform, either during the Assessment Program or as an Optimal Trader;
Trader Payments: The payments received if you become an Optimal Trader and meet the specified criteria, as outlined in the Schedule of Assessment Programs & Fees;
Trading Platform: The technology platform provided by Optimal Traders for executing trades.
Website: The official website of Optimal Traders, as specified in the Schedule of Assessment Programs & Fees, or any other website maintained by the company
Interpretation of these Terms When interpreting these Terms
Words in the singular include the plural and vice versa;
"Party" refers to any entity or individual bound by these Terms, unless otherwise specified;
The term "including" is not to be interpreted as limiting the scope of what is included; Headings and sub-headings are provided for ease of reference and do not affect the interpretation of these Terms;
Obligations or benefits assigned to more than one person apply to them collectively and individually;
References to a person or party include various legal entities, such as individuals, corporations, regulatory bodies, partnerships, and their successors or assigns;
The term "writing" includes all forms of documented communication;
Obligations extend to the party's employees, agents, contractors, customers, and visitors;
These Terms should not be construed unfavourably against any party merely because that party drafted them.
6. Provision of services
6.1 The Company provides the Services solely for the purpose of Permitted Use as outlined in the relevant agreements and the Schedule of Assessment Programs & Fees.
6.2 The Company makes no representation or warranty regarding the suitability or reliability of the Services. You acknowledge and agree that the Trading Platform and related services are provided "as is," without any guarantees of security, accuracy, completeness, or freedom from errors or interruptions. You also agree that you have not relied on any other representations or warranties beyond those explicitly stated in these Terms.
6.3 The Services provided by the Company, including access to the Trading Platform, are strictly limited to technology, administrative, and assessment functions and do not constitute financial products or services.
6.4 You assume full responsibility for any costs associated with the maintenance, repair, or correction of issues caused by viruses or other harmful components, except where such issues are directly caused by the Company’s gross negligence or willful misconduct.
6.5 The Company is not liable for delays in Trade order transmissions due to disruptions or failures in communication systems or infrastructure. The Company is also not responsible for any losses, damages, costs, or expenses, including legal fees, incurred by any party, except where directly caused by the Company’s gross negligence.
6.6 The Company reserves the right to limit the number of open trading positions you may hold or to refuse any Trade orders at its discretion
7. No Partnership or Employee Relationship
These Terms establish that the parties are independent contractors. There is no partnership, joint venture, agency, or employer/employee relationship created between the parties by these Terms, nor does it grant either party the authority to make representations or bind the other party to any obligations.
8. Access Fee Terms
8.1 Upon establishing your Account, you must select an appropriate Assessment Program and remit the corresponding Access Fee to the Company. Payment of the Access Fee is required in full before gaining access to the Trading Platform. Once the Assessment Period begins, the Access Fee is non-refundable, except where a refund is mandated by law.
8.2 The amounts of fees for the Assessment options are in US Dollars. The fee can also be paid in other currencies that are available during checkout. If you select any other currency than the US Dollar, the amount of the fee for the selected option of the Assessment shall be converted by our rates and it will automatically display your payment total in your chosen currency, so you know how much you are paying before you confirm the order. The Customer acknowledges that if the payment is made in a currency other than the one the Customer has chosen on the Website, the amount will be converted according to the current exchange rates valid at the time of payment.
8.3 You can pay the fee for the selected option of the Assessment by a payment card or using other means of payment that the Provider currently offers on the Website
8.4 Customer bears all fees charged to Customer by the selected payment service provider (according to the valid price list of the payment service provider) in connection with the transaction and the Customer is obliged to ensure that the respective fee for the selected Assessment is paid in full.
8.5 If you lodge an unjustifiable complaint regarding the paid fee or disputes the paid fee with your bank or payment service provider (e.g. through chargeback services, dispute services, or other similar services), on the basis of which an annulment, cancellation or refund of the fee or any part thereof is requested, the Company is entitled, at its own discretion, to stop providing to you any services and refuse any future provision of any services.
8.6 The Company reserves the right to present these Terms as evidence to dispute any unsubstantiated chargeback claims and will hold you responsible for any costs incurred (including administrative and legal expenses) to contest or recover amounts related to such chargebacks.
8.7 Once the Assessment Period has commenced, the Access Fee is strictly non-refundable, except in cases where a refund is mandated by law. The Schedule of Assessment does not imply any deviation from this policy, and all fees paid are final unless otherwise specified by a legal requirement. Any potential refund scenarios will be assessed solely at the discretion of the Company.
9 Modifications to the Service, Prices and Vouchers
9.1 We reserve the right to change the prices of our Services at any time without the necessity to notify you.
9.2 We reserve the right at any time to modify or discontinue the Service without notice at any time.
9.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
9.4 The Company reserves the right to unilaterally change the fees and parameters of the Services at any time, including the parameters for their successful completion. The change does not affect the Services purchased before the change is notified.
9.5 The Company reserves the right to unilaterally change the fees and parameters of the Services at any time, including the parameters for their successful completion. The change does also affect the Services purchased before the change is notified.
9.6 Vouchers:
9.6.1 Usage by Recipient
Vouchers are not transferable until used to purchase as per the conditions specified herein.
Vouchers cannot be exchanged for cash or any other form of monetary value.
Any attempt to use the voucher in violation of the Terms will render the voucher void.
9.6.2 Restrictions and Limitations
Vouchers must be used within the validity period specified at the time of purchase. If an unspecified voucher remains valid for an unlimited period of time.
We will not be responsible for lost, stolen, or expired vouchers and will not reissue or refund them under any circumstances.
10 Accuracy of Billing and Account Information
10.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or unauthorised distributors.
10.2 You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
11. Assessment Program
11.1 Access to Trading Platform
Following the Company s receipt of your Access Fee, you will be granted access to the Trading Platform to commence your Assessment Program. Unless otherwise explicitly stated by the Company or communicated to you, the Assessment Criteria, including the Assessment Period, will align with the details outlined in the Schedule of Assessment Programs & Fees corresponding to your chosen Assessment Program.
11.2 Assessment Period Restarts
You are not entitled to restart your Assessment Period once it has commenced. However, the Company, at its sole discretion, may allow an Assessment Period to restart if you provide compelling reasons. The Company is under no obligation to permit a restart unless legally required to do so.
11.3 Change of Assessment Program
Switching to a different Assessment Program is only permissible with the Company's approval. If a change is approved, you may be required to pay additional fees to cover differences in Access Fees or administrative costs associated with implementing such changes. The Company retains full discretion to approve or deny any request to change your Assessment Program.
11.4 Live Demonstration
During your Assessment Period, the Company may request that you perform a "live" or "real-time" demonstration of your trading activities. This demonstration could be conducted via video conference or in person
12. Completion of assessment program
To successfully complete your selected Assessment Program, your trading performance must meet the specific Assessment Criteria associated with your chosen program. Upon conclusion of your Assessment Period, the Company will inform you whether you have met the Assessment Criteria.
13. Optimal Trader Engagement
13.1 Offer to Become an Optimal Trader
If you meet the Assessment Criteria or if the Company deems your trading skills to be proficient and of high quality, the Company may, at its sole discretion, extend an offer to you to become an Optimal Trader. The Company may also consider other relevant information, such as your demonstrated trading history and expertise, in assessing your suitability for this role. However, there is no guarantee that such an offer will be made. Payment of the Access Fee and participation in an Assessment Program (whether successful or not) does not obligate the Company to offer you a position as an Optimal Trader.
13.2 Acceptance or Rejection of Offer
You have the option to either accept or decline the Company's offer to become an Optimal Trader. To accept the offer, you must sign the Independent Contractor Agreement provided by the Company. Should you choose to decline, you must notify the Company accordingly. If the Company does not receive a response from you within 30 days of extending the offer, your non-response will be considered a rejection.
13.3 Provision of Additional Information
Before being onboarded as an Optimal Trader, you may be required to provide further information. This may include, but is not limited to, additional identification, background checks (such as criminal history or bankruptcy checks), and bank account details.
13.4 Independent Contractor Status
As an Optimal Trader, your engagement with the Company is strictly as an independent contractor. This role does not establish an employment relationship, partnership, or agency with the Company.
13.5 Bankroll Allocation
As an Optimal Trader, the Company will allocate a Bankroll to you. You will utilize this Bankroll to construct and place trades, with the objective of generating Notional Net Profit and increasing your allocated Bankroll
13.6 Trader Payments
For each Trading Period in which you meet the relevant Optimal Trader Criteria, you will receive a Trader Payment for that period. These payments will be made in US Dollars (or another currency if agreed upon by the Company) and will be deposited into a bank account or any other payment methods available on the website at the time designated by you.
13.7 Profit Consistency Rules and Trader Payments
Trader Payments are contingent upon meeting the criteria outlined in both the Terms and Conditions and the Schedule of Assessment, including but not limited to the Profit Consistency Rules. These rules dictate that consistency in trading performance is required to qualify for payments. Any additional rules regarding consistency, as described in the Schedule of Assessment, are hereby incorporated by reference into these Terms and must be adhered to as a condition for receiving payments.
14. Permitted use & Restrictions
14.1 You are authorised to use the Services provided by the Company solely for the purposes explicitly outlined in your agreement with the Company (referred to as the "Permitted Use"). Under no circumstances should the Services be used to violate any Restrictions, nor should you permit others to use the Services in a manner that would breach these Restrictions.
14.2 You affirm and warrant that, at all times during your use of the Services, you are, and will continue to be, fully authorised, licensed, or permitted under all applicable laws and regulations to conduct the activities envisioned by the Permitted Use of the Services. This includes adhering to any regulatory requirements that may apply to your specific jurisdiction or situation.
14.3 You are responsible for complying with all applicable laws, regulations, and requirements set by competent authorities when utilising the Services. This includes ensuring that your actions do not violate any legal or regulatory obligations.
14.4 The Company is not responsible for any loss, cost, or liability that may arise from your breach of this clause. In the event of such a breach, you agree to indemnify the Company against any resulting losses, costs, or liabilities.
14.5 Restrictions
You are strictly prohibited from engaging in the following activities:
(a) Allowing or enabling any other person or third party to view, access, or use your Account or the Trading Platform without the Company's express written consent.
(b) Amending, modifying, or altering any part of the Trading Platform or Services without prior written approval from the Company.
(c) Using the Trading Platform, or allowing it to be used, for any activities that are illegal, unethical, unconscionable, or fraudulent. This includes, but is not limited to, activities that contravene anti-money laundering (AML) and counter-terrorism financing (CTF) laws in any jurisdiction.
(d) Utilising the Services in a manner that infringes upon or violates any laws or the personal or proprietary rights of third parties, including Intellectual Property Rights.
(e) Taking any action, including the use of software or applications, to scrape, crawl, frame/iFrame, post unauthorised links to, aggregate, hack, perform denial of service (DoS) attacks on, reverse engineer, or circumvent technological protection measures associated with the Services, Trading Platform, or Website.
(f) Using the Services or Trading Platform to send unsolicited commercial communications to third parties.
(g) Employing any trading strategy or technique expressly prohibited by the Company, which may include but is not limited to:
(i) Exploiting errors or latency in pricing and/or platforms provided by the Company or on its behalf.
(ii) Using non-public or insider information.
(iii) Facilitating or supporting front-running trades placed elsewhere.
(iv) Undermining the Company’s relationships with service providers (including brokers) or engaging in activities that could result in the cancellation of live trades executed by the Company.
(v) Engaging in actions that could create regulatory issues for the Company or its service providers (including brokers).
(vi) Accessing multiple accounts from the same IP address or allowing an account to be accessed from multiple IP addresses.
(vii) Allowing a third party to access or use your Account for any reason, including placing trades or attempting to pass an evaluation challenge.
(viii) Using any other strategy, software, or technique that the Company, at its sole discretion, deems not to represent individual trading conducted in good faith
14.6 Consequences of Contraventions
If the Company determines that you have violated any part of this clause 14, it reserves the right to immediately and without prior notice terminate or suspend your Account and/or your access to the Services. In such cases, you will forfeit any fees or payments that you might otherwise have been entitled to under these Terms. Furthermore, if your trading activities contravene the Restrictions outlined in clause 14.5, you will not be eligible to become or remain an Optimal Trader. The Company reserves the right to review your trading activities at any time to ascertain whether any such contraventions have occurred.
15. Taxes And Other States Or Regulatory Costs
15.1 Unless expressly stated otherwise, all fees quoted as part of these Terms are exclusive of any applicable taxes.
15.2 You are solely responsible for the payment of all relevant taxes or other statutory or regulatory fees or costs associated with your use of the Services. This includes, but is not limited to, sales taxes, use taxes, goods and services taxes, value-added taxes, withholding taxes, or any similar taxes, along with any penalties or interest that may apply.
15.3 If the Company is required by law to withhold or deduct any amounts as described in paragraph.
15.4 from the Trader Payment, the Company is entitled to recover such withheld or deducted amounts from you. These amounts will be treated as an additional debt that is immediately due and payable by you to the Company.
16. Intellectual Property
16.1 Ownership of Intellectual Property
The parties acknowledge and agree that the Company holds exclusive ownership and all Intellectual Property Rights to any technology, applications, products, systems, and documents provided to you in connection with these Terms. This includes, but is not limited to, the Trading Platform, the Website, your Account, and any other components of the Services. The Company's ownership extends to all updates, modifications, enhancements, and derivative works related to the aforementioned assets.
16.2 Assignment of Intellectual Property Rights
To ensure that the Company's ownership and control over the Intellectual Property Rights outlined in clause 14.1 are fully established and maintained, you are required to promptly assign or procure the assignment of any such rights to the Company if requested. This obligation includes cooperating with the Company to execute any documents or take any actions necessary to perfect the Company's ownership of the Intellectual Property Rights.
16.3 Indemnity for Intellectual Property
You agree to indemnify and hold the Company harmless against any and all liabilities, damages, costs, and expenses (including legal fees) incurred by the Company as a result of any infringement or alleged infringement of Intellectual Property Rights by you. This indemnity also applies to any failure on your part to assign Intellectual Property Rights to the Company as required under clause
16.4. The Company reserves the right to control the defence of any claim of infringement and to settle any such claim at its discretion.
17. Confidentiality
17.1 Use of Confidential Information
A party receiving Confidential Information (the Receiving Party ) from the other party (the "Disclosing Party ) must use such Confidential Information solely for the purpose of exercising its rights and fulfilling its obligations under these Terms. The Receiving Party must take all reasonable measures to keep the confidential Information separate from other documents and records to prevent unauthorised access or disclosure.
17.2 Prohibited Disclosure and Use
Except as necessary to comply with clause 17.1 or as expressly permitted by clause 17.3, the Receiving Party must not:
(a) Use, disclose, or allow a third party to access the Confidential Information provided by the Disclosing Party without explicit authorization.
(b) Reproduce, copy, or record the Confidential Information in any form, except as expressly authorised by the Disclosing Party. Any such reproductions, copies, or records shall be deemed the property of the Disclosing Party.
(c) Store the Confidential Information on externally accessible systems, transmit it outside of its usual business premises, or otherwise make it available in a manner that could result in unauthorised access or disclosure.
17.3 Permitted Disclosure
Notwithstanding the restrictions in clause 17.2, the Receiving Party may disclose the Disclosing Party’s Confidential Information under the following circumstances:
(a) With the prior written consent of the Disclosing Party.
(b) To employees, officers, representatives, contractors, or advisers who need access to such information to exercise the Receiving Party’s rights or fulfill its obligations under these Terms or in connection with the Services. The Receiving Party must ensure that all personnel who access the Confidential Information comply with the confidentiality obligations set forth in this clause 17. The Receiving Party remains fully responsible for any breach of confidentiality by its personnel.
(c) When required by law, a court of competent jurisdiction, or a regulatory authority, provided that the Receiving Party gives the Disclosing Party reasonable notice (to the extent permitted by law) of the required disclosure so that the Disclosing Party may seek a protective order or other appropriate remedy.
17.4 Return or Destruction of Confidential Information
(a) Upon request by the Disclosing Party, the Receiving Party must, as soon as reasonably practicable:
(i) Return or securely destroy all copies of the Disclosing Party’s Confidential Information in its possession, custody, or control.
(ii) Erase all electronic copies of the Disclosing Party’s Confidential Information from its computer systems, databases, or any other storage devices, to the extent feasible.
(iii) Provide written confirmation to the Disclosing Party that it has complied with the obligations outlined in this clause.
(b) However, the Receiving Party may retain copies of the Disclosing Party’s Confidential Information as required to comply with applicable laws, regulations, or governmental directives, or to demonstrate compliance with its obligations under these Terms. Any retained Confidential Information will remain subject to the confidentiality obligations outlined in these Terms.
(c) If the Receiving Party develops or uses a product, service, or process that, in the Disclosing Party’s reasonable opinion, may have involved the use or disclosure of the Disclosing Party’s Confidential Information, the Receiving Party agrees to provide the Disclosing Party with information sufficient to establish that the Confidential Information was not used or disclosed in violation of these Terms
18. Privacy And Data Protection
18.1 Collection of Personal Information
The Company may gather personal information directly from you, including information related to your Account, or from third parties such as credit reference agencies, fraud prevention agencies, and public record providers. This information is essential for providing and improving the Services, verifying your identity, and complying with legal obligations.
18.2 Use and Handling of Personal Information
The Company will handle, process, store, and use any personal information you provide in accordance with its Privacy Policy, which aligns with applicable data protection laws. Your personal information will be used primarily to deliver the Services, manage your Account, and ensure compliance with legal and regulatory requirements.
18.3 Disclosure of Personal Information
The Company may share your personal information with its related entities or business partners, but only for purposes directly related to facilitating an assignment, transfer, or novation of the Services. The Company may also disclose your personal information in the following circumstances:
(a) If required by law or a court with competent jurisdiction;
(b) If requested by a regulatory body or authority overseeing the Company or you (including related parties or associates);
(c) To investigate or prevent fraud, money laundering, or any other illegal activities, as required by relevant authorities;
(d) To defend or exercise the Company’s legal rights;
(e) To the Company’s professional advisers, provided these advisers are informed of and commit to the same confidentiality obligations;
(f) To credit reference agencies, fraud prevention agencies, or other financial institutions for purposes such as credit checking, fraud prevention, anti-money laundering, identification, or due diligence;
(g) At your request or with your written consent.
18.4 Confidentiality of Personal Information
The Company treats all personal information it holds about you as Confidential Information. This information will be used solely for providing the Services, and appropriate measures will be taken to safeguard its confidentiality.
18.5 Recording and Monitoring Communications
Telephone conversations and other forms of communication between you and the Company may be recorded for compliance monitoring and quality control purposes. These recordings are the sole property of the Company and may be used as evidence to verify orders, instructions, and other activities conducted by you.
18.6 Contact and Communication
You agree that the Company may contact you directly using any communication method, including email, telephone, or postal services, for matters related to your Account and the Services.
18.7 Retention of Records
The Company will maintain records containing your personal data, trading information, account opening documents, communications, and other relevant information for a minimum of five years following the termination or expiry of these Terms, or as required by law.
19 Indemnity and limitation of liability
19.1 Indemnity
You agree to indemnify, defend and hold harmless Company and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees arising from:
(a) Any damage or loss, including infringement of Intellectual Property Rights and breaches of confidentiality;
(b) Personal injury or death to the extent caused or contributed to by the Indemnifying Party's willful or negligent actions, omissions, or breach of these Terms. This indemnity obligation will be reduced proportionately if the damage, loss, personal injury, or death is partly caused or contributed to by the Indemnified Party's actions or omissions.
19.2 Exclusions to Indemnity
Nothing in these Terms limits or excludes the Indemnifying Party's liability for:
(a) Death or personal injury caused by its negligence or that of its employees, agents, or subcontractors;
(b) Any illegal act, fraud, or fraudulent misrepresentation;
(c) Any other act, omission, or liability that cannot be legally limited or excluded.
19.3 Limitation of Liability
Neither party shall be liable to the other for any indirect or consequential loss, loss of profit, loss of opportunity, or economic loss, whether arising in contract, tort (including negligence), breach of statutory duty, or under these Terms.
19.4 Company’s Exclusion of Liability
The Company shall not be liable for any loss, damage, expense, or liability incurred by you arising directly or indirectly from:
(a) Any errors or failures in the operation of electronic systems or network infrastructure, including the Trading Platform;
(b) Delays within or caused by the Trading Platform;
(c) Transactions made via the Trading Platform; (d) Actions, omissions, or negligence of third parties;
(e) Unauthorised access to your Account, including your access codes or login information obtained by third parties;
(f) Any activity contemplated by the Permitted Use of the Services;
(g) Unauthorised access to electronic communications, personal data, or login information transmitted between parties over the internet, postal services, telephone, or any other electronic means.
20. Termination of discontinued use of services
20.1 Voluntary Discontinuation of Services
(a) You may decide to stop using the Services at any time. Upon making this decision, you must notify the Company as soon as possible.
(b) If you do not access or use your Account or the Trading Platform for 30 days since the Account activation, the Company may interpret this as your decision to discontinue using the Services.
(c) Once you have notified the Company of your intention to discontinue the Services, the Company will take action to close or restrict access to your Account and the Trading Platform.
(d) Except as outlined in paragraph.
(e) below, you will not be eligible to receive any payments or refunds of the Access Fee upon discontinuation of the Services.
20.2 Termination by the Company Without Cause
The Company reserves the right to terminate your access to the Services at any time and for any reason, without needing to provide a cause.
20.3 Termination for Cause
(a) Either party may terminate these Terms if the other party fails to remedy a breach of any clause within 14 days of receiving written notice of the breach.
(b) Immediate termination without notice may occur if a party commits a material breach of these Terms. A material breach includes, but is not limited to:
(i) Bankruptcy, making an assignment for the benefit of creditors, entering into an arrangement with creditors, or becoming unable to pay debts as they fall due;
(ii) Resolution to wind up or being ordered to wind up, entering liquidation, official management, or having a receiver, manager, or administrator appointed;
(iii) Breach of a Restriction or using the Services in contravention of the Permitted Use.
(c) The Company may also terminate these Terms immediately and without notice under clause 14.3.
20.4 Suspension in Lieu of Termination
Instead of termination, the Company may choose to suspend your access to the Services if it deems it more appropriate, such as when further investigation is needed to determine if a breach of the Terms or misuse of the Services has occurred.
The duration of any suspension will be determined by the Company at its sole discretion.
20.5 Consequences of Termination
(a) Upon termination or expiry of these Terms.
(i) Your access to the Services will be restricted or cancelled.
(ii) Each party must, as soon as reasonably practicable, return, delete, or destroy any Confidential Information, data, personal information, or other property belonging to the other party. You must also return to the Company all information, including access codes and passwords, related to the Services and Trading Platform.
(b) Termination or expiry of these Terms does not affect any rights or obligations that have accrued before termination or expiry, including payment of Access Fees or Trader Payments, whether invoiced or not.
20.6 Survival of Terms
Certain clauses, including but not limited to those concerning Residency Acknowledgement & Disclaimer, No Partnership or Employee Relationship, Taxes or Other Statutory or Regulatory Costs, Intellectual Property, Confidentiality, Privacy and Data Protection, Indemnity and Limitation of Liability, and the Consequences of Termination, will survive the termination or expiry of these Terms.
21. Force majeure
The Company shall not be liable for any claims, losses, damages, costs, or expenses, including legal or professional fees, arising directly or indirectly from events or actions beyond its reasonable control. Such events include, but are not limited to, civil unrest, war, insurrection, government actions (such as exchange controls, forfeitures, nationalisations, or devaluations), natural disasters, acts of God, adverse market conditions, communication disruptions, and failures or malfunctions in transmission or communication systems, whether involving you, the Company, or third-party service providers.
22 Warranties Regarding capacity and status
22.1 Warranties Regarding Capacity
(a) It is duly incorporated and validly exists under the laws of its jurisdiction;
(b) It has the authority to enter into and fulfill its obligations under these Terms;
(c) It has taken all necessary actions to authorize the execution and performance of these Terms and the transactions contemplated by them;
(d) Its obligations under these Terms are valid, binding, and enforceable against it; and These warranties are true and will remain true throughout the use of the Services.
2.2 If You Are a Trustee
If you establish your Account as a trustee of a trust (the "Relevant Trust"), you warrant to the Company that:
(a) You are the sole trustee of the Relevant Trust and are not in breach of any fiduciary duties;
(b) The Relevant Trust has been validly established and is still in effect, with no action taken or proposed to remove you as trustee;
(c) You have the right to full indemnification from the assets of the Relevant Trust, which are sufficient to cover all obligations under these Terms;
(d) You have the full authority to enter into and perform under these Terms in your capacity as trustee;
(e) You agree to these Terms for the proper administration of the Relevant Trust and for the benefit of its beneficiaries, without any conflict of interest or breach of trust;
(f) These Terms are legal, valid, and enforceable against you, subject to certain limitations.
22.3 Restrictions for Trustees
As the trustee of the Relevant Trust, you must not, without the Company’s prior written consent, allow:
(a) Any variation, replacement, or limitation of the terms governing the Relevant Trust.
(b) Your removal as trustee or the appointment of another party as trustee, whether solely or jointly.
(c) Any distribution, transfer, or setting aside of any part of the income or capital of the Relevant Trust.
23. Notices
23.1 Form and Delivery of Notices
Any notice, demand, consent, or other communication (collectively referred to as "Notice") under these Terms must be provided in writing, in English, and signed by an authorized representative of the sending party. Notices must be delivered to the registered address of the Company or the address provided by you in any relevant correspondence. This also applies to communications made via electronic means, such as email.
23.2 Effectiveness of Notices
A Notice will be deemed effective upon receipt by the intended recipient. Notices sent by email are considered received when the email is delivered to the recipient's email server, provided that no notification of delivery failure is received.
24. Dispute Resolution
24.1 Good Faith Negotiation In the event of a dispute arising from or in connection with these Terms (excluding urgent matters requiring immediate judicial intervention), the parties agree to first attempt to resolve the dispute through good faith discussions. This is intended to avoid unnecessary escalation and encourage amicable resolutions.
24.2 Arbitration If the dispute is not resolved through negotiation as described in clause 24.1, either party may refer the dispute to arbitration, which will be governed by the London Court of International Arbitration Rules (LCIA Rules), as incorporated into this clause. The specific terms of arbitration are as follows:
(a) The arbitration will be conducted by a single arbitrator.
(b) The seat of arbitration will be London, England.
(c) The arbitration proceedings will be conducted in English. 24.3 Injunctive Relief Nothing in this dispute resolution clause restricts a party's right to seek injunctive relief from a court of competent jurisdiction, particularly in cases where failing to obtain such relief would result in irreparable harm. The procedures set forth in this clause do not affect or delay a party's right to exercise any rights or remedies under these Terms, including the right to terminate the agreement.
25. Errors, Inaccuracies and Omissions
25.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on Website is inaccurate at any time without prior notice (including after you have submitted your order).
25.2 We undertake no obligation to update, amend or clarify information in the Service or on Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on Website, should be taken to indicate that all information in the Service or on Website has been modified or updated.
26. Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
i. for any unlawful purpose;
ii. to solicit others to perform or participate in any unlawful acts;
iii. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
iv. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
v. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
vi. to submit false or misleading information;
vii. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of Website, other websites, or the Internet; viii. to collect or track the personal information of others;
ix. to spam, phish, pharm, pretext, spider, crawl, or scrape;
x. for any obscene or immoral purpose;
or xi. to interfere with or circumvent the security features of the Service or Website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or Website for violating any of the prohibited uses.
27 Third-party Links
27.1 Certain content available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
28 Accuracy, Completeness, and Timeliness of Information
28.1 We make every effort to ensure that the information we provide is accurate, however the information is also supplied by third parties and we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. As an option to mitigate your risk you are always welcome to email your questions at support@optimal-traders.com.
28.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
29 Misconduct and Social Media Policy
At OTS Technologies CY Ltd, operating as Optimal Traders, we uphold a strict policy against the spread of false information, misinformation, or unfair negative publicity on social media or any public platform. Any attempt to damage the reputation of our company by sharing false or misleading statements will be regarded as a serious violation of our terms and conditions. Such actions not only undermine our business but also harm the integrity of our trading community. As a result, individuals found engaging in these behaviours will have their accounts terminated immediately and will be permanently banned from accessing our platform. The Company reserves the right to take legal action against those responsible for such misconduct. We are dedicated to fostering a positive, transparent, and professional environment for all users, and we expect our community members to uphold the same values.
30. General Provisions
30.1 Severability
If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision will be construed, limited, or, if necessary, severed to the extent required to remove the invalidity or unenforceability, while preserving the intent of the remaining provisions.
30.2 No Waiver
The failure of a party to enforce any right or provision of these Terms will not constitute a waiver of that right or provision, nor will it affect the ability to enforce that right or provision in the future. A waiver of any breach or default under these Terms does not constitute a waiver of any subsequent breach or default.
30.3 Variations
Except as expressly provided within these Terms, any modification or variation to these Terms must be agreed upon in writing by both parties to be effective.
30.4 Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign, transfer, or delegate its rights and obligations under these Terms without prior notice to you, particularly in relation to corporate restructuring or the sale or transfer of the business.
30.5 Entire Agreement
These Terms represent the entire agreement between the parties regarding the subject matter herein and supersede all prior agreements, negotiations, and communications, whether oral or written, related to the same.
30.6 Governing Law
These Terms are governed by and construed in accordance with the laws of Saint Lucia. Both parties irrevocably submit to the non-exclusive jurisdiction of the courts of Saint Lucia for any legal proceedings arising out of or relating to these Terms.
30.7 Jurisdiction Consistency
The jurisdiction for all legal matters arising out of or related to these Terms and the Schedule of Assessment shall remain Saint Lucia. Both documents are governed by the same legal framework, and any inconsistencies between the two shall defer to the laws and regulations as stated herein. By interacting with this account or as specified in the Schedule of Fees, the applicant(s) named above confirm that the Terms and Conditions associated with this Account Application have been read, understood, and agreed to.
Authorization is given to [Your Company Name] to establish an Account on behalf of the applicant(s). It is acknowledged that the payment of the Access Fee for the selected Assessment Program is made voluntarily and with full consent. The Company may use this interaction or acknowledgment to contest any chargeback claims related to the Access Fee and to recover any associated costs, including administrative and legal expenses, resulting from an unsubstantiated chargeback.
31. The effective date and version
Version: 1
Effective date: 1st November 2024
