End-User Licence Agreement for cTrader

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT CAREFULLY BEFORE PROCEEDING WITH THE INSTALLATION OF THIS SOFTWARE PROGRAMME

In the event of any legal proceedings, disputes, complaints, reports or litigation arising out of or relating to this Privacy Policy, the English version of this Policy shall be the definitive and governing document, shall prevail and be binding.

The end-user licence agreement for cTrader (EULA) is a legally binding agreement between you (either an individual or a single entity) and Spotware Systems Ltd, pertaining to the Spotware Systems Ltd software product(s) identified above. This agreement encompasses associated software components, media, printed materials and "online" or electronic documentation (collectively referred to as "Spotware"). By installing, copying or otherwise using Spotware Systems products, you agree to be bound by the terms of this EULA. This licence agreement represents the entire agreement concerning the programme between you and Spotware Systems Ltd (referred to as "Licencer") and it supersedes any prior proposal, representation or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use any Spotware Systems products.

Spotware Systems is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Spotware Systems products are licensed, not sold.

1. GRANT OF LICENCE

Spotware Systems products are licensed as follows:

(a) Installation and use

Spotware Systems Ltd grants you the right to install and use copies of its products on your computer or other supported devices running a validly licensed copy of the operating system for which the Spotware Systems products were designed (Windows XP, Windows ME, Windows Vista, Windows 7, Apple iOS, Android).

(b) Backup copies

You may also make copies of the products as may be necessary for backup and archival purposes.

2. OTHER RIGHTS AND LIMITATIONS

(a) Maintenance of copyright notices

You must not remove or alter any copyright notices on any and all copies of Spotware Systems products.

(b) Distribution

You may not distribute registered copies of Spotware Systems products to third parties. Evaluation versions available for download from Spotware Systems Ltd's websites may be freely distributed.

(c) Prohibition on reverse engineering, decompilation and disassembly

You may not reverse engineer, decompile or disassemble Spotware Systems software.

(d) Rental

You may not rent, lease or lend Spotware Systems products.

(e) Support services

Spotware Systems Ltd may provide you with support services related to Spotware Systems software only ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of Spotware Systems and subject to the terms and conditions of this EULA.

(f) Compliance with applicable laws

You must comply with all applicable laws regarding the use of Spotware Systems.

(g) Spotware Systems Ltd may collect anonymous performance-related data via its platforms without prior notice to the user. These data will be used solely to improve Spotware Systems Ltd's platforms. Spotware Systems Ltd expressly disclaims any warranty for any of its platforms.

(h) You must not engage in any fraudulent or deceptive actions related to any aspect of the cTrader platform, including but not limited to its functionality, programmes, interfaces, logic or any other aspect of its use and technology components.

3. TERMINATION

Without prejudice to any other rights, Spotware Systems Ltd may terminate this EULA in the event of your failure to comply with the terms and conditions herein. Upon such termination, you are required to destroy all copies of Spotware Systems products in your possession.

4. COPYRIGHT

All titles, including, but not limited to, copyrights, in and to Spotware Systems' products and any copies thereof, are owned by Spotware Systems Ltd. All titles and intellectual property rights in and to the content that may be accessed through the use of Spotware Systems' products belong to the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA does not grant you any rights to use such content. All rights not expressly granted are reserved by Spotware Systems Ltd.

5. NO WARRANTIES

Spotware Systems Ltd provides its products "as is" and expressly disclaims all warranties, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose. Spotware Systems Ltd neither warrants nor assumes responsibility for the accuracy, completeness or reliability of any content within the software. Additionally, no warranty is given regarding protection from harmful programmes such as computer viruses, worms, time bombs or logic bombs. Any warranty or representation to authorised users or third parties is expressly disclaimed.

6. LIMITATION OF LIABILITY

In no event shall Spotware Systems Ltd be liable for any damages (including, without limitation, lost profits, business interruption or lost information) arising out of authorised users' use of or inability to use the software, even if Spotware Systems Ltd has been made aware of the possibility of such damages. Spotware Systems Ltd will not be liable for data loss or for indirect, special, incidental, consequential (including lost profit) or other damages, whether based on contract, tort or otherwise. Spotware Systems Ltd shall bear no liability concerning the content of its products or any part thereof, including but not limited to errors or omissions therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the unintended disclosure of confidential information.

7. COMMUNICATIONS

By using cTrader (Windows, Web and Mobile) and creating a cTrader ID (cTID), you acknowledge and agree that Spotware will collect your email address. By default, you will be opted into receiving email notifications concerning events within the Software. These notifications are related to the services we provide to you. You can opt out of these email notifications at any time and can opt back in whenever you wish. Any notifications to which you are subscribed can be managed via a link found within any of the related emails you receive. We will not use these communications to promote third-party services, and your personal details will not be shared with third parties in this context.

Should you choose to opt out, Spotware will refrain from contacting you via email with newsletters, marketing or promotional materials.

8. QUICK TRADE

You acknowledge that you have read and understood the following terms and conditions, and you agree to be bound hereby. Your current version of the app enables you to choose between the following modes for order submission. You agree that you will be bound by the procedures and conditions specified herein with respect to each such mode.

8.1. The default mode for order submission is the "Single Click" mode which is a one-step process. You click on either the bid ("Sell") or ask ("Buy") rate button and your order is sent to your broker. You will not need to confirm your order in any way before it is sent to your broker.

8.2. The "Double Click" mode for order submission is also a one-step process. You double-click on either the bid ("Sell") or ask ("Buy") rate button and your order is sent to your broker. No action will occur if you click only once on the bid ("Sell") or ask ("Buy") button. You will not need to confirm your order in any way after double-clicking before it is sent to your broker.

8.3. The "Disabled" mode for order submission is a two-step process. You first click on either the bid ("Sell") or ask ("Buy") rate button. Once the "Create Order" screen opens, you will then need to select a bid ("Sell") or ask ("Buy") order. Your order will not be submitted until you have completed both of the aforementioned steps.

THERE WILL BE NO SUBSEQUENT CONFIRMATION PROMPT FOR YOU TO CLICK ON. YOU WILL NOT BE ABLE TO WITHDRAW YOUR ORDER ONCE YOU CLICK ON IT. UNDER NORMAL MARKET AND SYSTEM PERFORMANCE CONDITIONS, A MARKET ORDER WILL BE FILLED AFTER SUBMISSION AND YOU WILL HAVE ENTERED INTO A BINDING TRANSACTION.

You can change modes or disable the feature in the "Quick Trade" tab in Settings.

By choosing the "Single Click" or "Double Click" modes, you understand that your orders will be submitted upon clicking on the bid or ask rates without any further order confirmation. You agree to accept all risks associated with the use of the order submission mode you have chosen, including, without limitation, the risk of errors, omissions or mistakes made in submitting any order. You agree to fully indemnify and hold harmless Spotware Ltd from any and all losses, costs and expenses that may be incurred as a result of any such errors, omissions or mistakes by you, your trading manager or any other person trading on your behalf.

9. MISCELLANEOUS

The suite of products offered by Spotware Systems for the iOS platform may access your device's MAC address and transmit a hashed (encrypted) version of said address to our servers for the purpose of collecting anonymised statistical data.

10. CHARTSHOT

By using the "Chartshot" function, you consent to the sharing of information presented in the chart on the internet, accessible to other users. The shared information encompasses, but is not restricted to, chart type, background, indicators, colours and drawings. cTrader offers a configuration option to deactivate this feature which can be used at your own discretion.

11. CTRADER COPY

This section outlines the terms for using cTrader Copy. Should there be any real or suspected breaches of these terms, Spotware Systems Ltd reserves the right to take any necessary actions to address the consequences and effects of such breaches, including fully reversing any actions that have led to the real or suspected breach(es).

11.1 This section outlines the terms for using the cTrader Copy feature as an investor. If you disagree with these terms, you are advised not to use this service.

1. Logic of copying strategies and position size calculations

1.1 When you copy a strategy, the size of your position is determined by the equity-to-equity ratio.

1.2 Your equity is calculated based on the funds you have added to your copy-trading account specifically for copying the selected strategy.

1.3 If the strategy provider modifies the size of a position, the size of the corresponding open position on your end may be adjusted. This adjustment is based on calculations using the equity-to-equity ratio and exclusively affects the position that correlates with the one modified by the strategy provider.

1.4 If you either add or withdraw funds from your copy-trading account, or if the strategy provider adds or withdraws funds from their strategy account, the position sizes will be recalculated in accordance with the prevailing equity-to-equity ratio.

1.5 Deviations from the rules stated above may occur when, according to the equity-to-equity ratio, your calculated position size either falls below the minimum trade size allowed or surpasses the maximum trade size allowed by your broker. These exceptions are detailed as follows:

1.5.1 If your calculated position size is less than the broker's minimum allowable size, the position will still be opened, but adjusted to align with the nearest permissible volume step.

1.5.2 If your calculated position size exceeds the broker's maximum allowable size, no position will be opened.

1.6 Pending orders and protection orders (such as stop loss and take profit) initiated by the strategy provider are not automatically copied to your account at the time of creation. However, upon execution of such orders on the strategy provider's account, whether it leads to the opening or closing of position(s), the corresponding position(s) on your account will also be opened or closed.

1.7 Please note that cTrader Copy does not guarantee that positions will be copied to your account successfully.

2.Results are not guaranteed and may vary compared to those of the strategy provider due to the following reasons:

2.1 Differences between your positions' entry and closing prices and those of the strategy provider

2.2 Differences in the size of your positions compared to those of the strategy provider

2.3 Variations in the commissions you pay to your broker compared to those of the strategy provider

2.4 The possibility that your broker does not offer the same trading symbols used in the strategy

2.5 Insufficient margin in your account to copy some of the orders executed in the strategy

2.6 Differences in the stop out levels, which might cause your account to be stopped out, while the strategy provider continues to trade

3. Starting and stopping strategy copying

3.1 When you start copying a strategy, all existing open positions from the strategy will also open in your copy-trading account at the prevailing market prices. If the market is closed at the time you start copying, these positions will open at the start of the next trading session, contingent on the trading hours of the specific symbol.

3.2 Conversely, when you stop copying a strategy, this will result in the immediate closure of your positions in the copy-trading account, assuming the market is open. If the market is closed when you stop copying, the positions will close as soon as the market reopens, contingent on the trading hours of the specific symbol.

3.3 Any unrealised commissions from copying will be charged once all positions have been closed.

4. Managing funds in strategies

4.1 A strategy can have a minimum investment requirement and you must deposit at least that amount in order to copy the strategy.

4.1.1 The minimum investment requirement is shown in the strategy provider's account currency. You can view this amount converted to your account currency, based on the current exchange rate, for easier reference.

4.2 You have the option to both increase or decrease the amount you deposit to a strategy.

4.3 Note that you cannot withdraw funds from a copy-trading account being used to copy a strategy if it results in the equity falling below the minimum investment requirement.

4.4 To withdraw the entire amount, you must stop copying the strategy, which will concurrently close all open positions.

5. Fees

5.1 Strategy providers have the ability to set their own fees, which will be charged to investors who copy their strategy.

5.2 Strategy providers can charge investors using one or all of the following methods:

5.2.1 Performance fee

Performance fee is a commission based on the percentage of the net profit you made. These fees are charged, realised and deposited to provider's account on the first day of each month after investors start copying the strategy. They are also charged when a user partially or completely removes funds from the copy-trading account or stops copying the strategy.

Performance fee is a subject to a high-water mark model so users never pay twice for the same performance.

5.2.2 Management fee

Management fee is the amount a provider charges the investors for managing their funds. These fees are charged, realised and deposited to provider's account on the first day of each month after investors start copying the strategy. Fees are also charged as soon as investors partially or completely remove funds from the copy-trading accounts or stop copying the strategy.

5.2.3 Volume fee

Volume fee is the amount a provider charges the investors for each transaction. It is based on the volume traded while copying the strategy and is charged when opening and closing each position.

6. Copy-trading account

6.1 A copy-trading account is used to hold the funds you want to invest in a strategy. The funds held within the account serve as the foundation for the equity-to-equity ratio.

6.2 A copy-trading account is used exclusively for copy-trading; you cannot use it for personal trading or manage the positions in this account.

6.3 A copy-trading account allows you to view the trading history and performance of the strategy being copied via this account.

6.4 A copy-trading account can only be used to copy one strategy at a time. For each new strategy you start copying, a new copy-trading account is created automatically.

7. Process to stop providing a strategy

7.1 Strategy providers can stop providing their strategy at any time. In this case, your account will automatically stop copying the strategy and any open positions that were copied will be closed. If there is no activity for a period of 30 days, the strategy will be automatically deleted.

7.2 Positions will be closed only when the market is open; if the market is closed at the time, the positions will be closed as soon as the market reopens.

7.3 All unrealised copying commissions will be charged as if you had decided to stop copying the strategy by yourself.

8. Fees paid for copying

8.1 As an investor, you will be subject to the fees that were agreed upon when you started copying a strategy.

8.2 If the strategy providers do not set any fees for their strategy, you will not incur any charges.

11.2. This section outlines the handling of your personal data and the terms of using the cTrader Copy feature as a strategy provider. Please refrain from using this service if you do not agree with the terms described below.

1. Your strategy page, including all your account and trading data listed below, will be public and visible to other users inside the cTrader Copy application. Your strategy page presents both your account and trading data derived from the account linked to your strategy in addition to detailed information about the strategy itself.

1.1 Your performance:

- ROI over all time

- ROI % chart

- ROI monthly chart

1.2 Your account data:

- Your current open positions, including: position ID, date and time the position was created, symbol, volume, direction, entry price, current price, swaps, commissions owed and to be charged when closing, channel (e.g. cTrader Web, Mobile, etc.), label (text added when creating order via cTrader Algo or Connect API), profit and loss in pips, gross profit and loss, net profit and loss

- Your account trading history (all closed positions), including: deal ID, symbol, opening direction, closing direction, opening time, closing time, entry price, closing price, closing volume, commissions, channel (e.g. cTrader Web, Mobile, etc.), swaps, profit and loss in pips, gross profit and loss, net profit and loss, balance after the deal was filled

- The status of your current account: balance, equity, margin, free margin, margin level, total unrealised gross profit and loss, total unrealised net profit and loss

- Your account age, currency, leverage, starting balance, total amount of deposits and withdrawals

1.3 Your trading stats:

- Statistical data based on your trading history such as the ratio of pips you won or lost, total net profit, profit factor ratio, etc.

- Equity chart (including minimum and maximum equity and balance per days)

- Volume breakdown chart (including symbols and their volumes that were traded, and the percentage that symbol made up of the total volume traded)

1.4 Your strategy details:

- Strategy name

- Strategy age

- Minimum investment

- Performance fee

- Management fee

- Volume fee

- Strategy description

1.5 Your investors stats:

- Investors chart displaying the statistics of the investors per months

- Current number of investors

- All-time number of investors

- Total amount of funds copying on live accounts

- Total volume copied

1.6 Your cTrader username you created on the cTrader ID site and your profile picture, if any.

2. You agree to receive messages to the email address that is linked to your cTrader ID account from other users of the cTrader Copy application.

3. Embed strategy application

You can copy the strategy code and embed it on your website or blog. In this case, your strategy page, with all the data listed in Section 11.2.1, will become public and visible to all other users on the website where the code is embedded. Therefore, this information will also be visible outside of the cTrader Copy application on the web resource where you have embedded your strategy code.

The term "Section 11.2.1" refers to all the data contained in its subsections.

4. Promotion

You can get an invite link to your strategy and share it with other users. The invite link leads to your strategy page with all the data listed in Section 11.2.1 which are available and visible to anyone who follows the invite link without previous authorisation in the application.

The term "Section 11.2.1" refers to all the data contained in its subsections.

5. Fees

5.1 Strategy providers have the ability to set their own fees, which will be charged to investors who copy their strategy.

5.2 Strategy providers can charge investors using one or all of the following methods:

5.2.1 Performance fee

Performance fee is a commission based on the percentage of the net profit you made. These fees are charged, realised and deposited to provider's account on the first day of each month after investors start copying the strategy. They are also charged when a user partially or completely removes funds from the copy-trading account or stops copying the strategy.

Performance fee is a subject to a high-water mark model so users never pay twice for the same performance.

5.2.2 Management fee

Management fee is the amount a provider charges the investors for managing their funds. These fees are charged, realised and deposited to provider's account on the first day of each month after investors start copying the strategy. Fees are also charged as soon as investors partially or completely remove funds from the copy-trading accounts or stop copying the strategy.

5.2.3 Volume fee

Volume fee is the amount a provider charges the investors for each transaction. It is based on the volume traded while copying the strategy and is charged when opening and closing each position.

12. CMIRROR

The cMirror service has been permanently discontinued and is no longer available for use.

13. OPEN API

Spotware Systems offers cTrader Open API to third-party software providers for the development of services on top of the cTrader platform.

13.1 By using any service developed with cTrader Open API, you acknowledge and agree to the following terms:

1. You understand that you may grant access to your personal information to the developer of the third-party service. This information may include account details, trading activity and trading history.

2. You confirm that you have read and agree to the terms and conditions, as well as the Privacy Policy, provided by the third-party service provider.

3. You have been informed about the procedure for discontinuing the use of the third-party service.

4. Spotware is not responsible for any actions taken by the third-party service provider once you have granted it access to your account information and authorised it to trade on your behalf.

13.2 By using cTrader Open API (also known as or previously referred to as the Spotware Connect API) for developing third-party services, whether for private or commercial purposes, you agree to the following:

1. API licence

Provided you comply with this EULA, we grant you a limited, non-exclusive, non-assignable, non-transferable licence under Spotware’s intellectual property rights to use the APIs for developing, testing and supporting your application and to allow your customers to use your integration of the APIs within your application.

2. Cost

cTrader Open API is offered free of charge. However, Spotware Systems Ltd reserves the right to change the pricing policy without prior notice and without your consent.

3. Modification

Spotware Systems Ltd reserves the right to modify the API and its terms of use at any time without prior notice and without incurring any liability.

4. User data

By using the API, you may gain access to sensitive user information. You may not use, store, distribute or in any other way handle users' personal information without prior explicit approval from the user. Nor may you execute trading actions on behalf of the user without prior explicit approval. Furthermore, by using Open API, you acknowledge your compliance with the General Data Protection Regulation (GDPR) (EU) 2016/679. Spotware reserves the right to restrict or to remove access to applications found to be in breach of the GDPR's privacy-specific requirements and rules.

5. Resources

You agree to use the API and resources provided by Spotware Systems Ltd in a reasonable manner. You should take all necessary measures to avoid unreasonable use of the API's resources. In cases of misuse, Spotware Systems Ltd reserves the right to restrict or to remove access to your application.

6. Publicity

Spotware Systems Ltd reserves the right to refer to you as a user of cTrader Open API.

14. CTRADER AUTOMATE

cTrader has a feature called cTrader Automate (formerly cAlgo), which is a part of cTrader Desktop platform. Using cTrader Automate developers can create custom cBots (trading robots) and indicators, which are pieces of executable code that are running inside cTrader Desktop.

14.1. The difference between two types of executables is that a cBot can make trades on a users account and indicators can’t. Both cBots and indicators can access current user data:

14.2. A developer can request extended permissions for a cBot or indicator from the following set of possible permissions:

Permissions can be combined together, for example a cBot might request permission to File system and Internet access.

14.3. No Permissions is the default permission set and it is used mostly for cBots and indicators. When a cBot or indicator is launched with this permission set, cTrader won’t ask for any confirmation from you. Any other permission set requires confirmation from you when it is launched for the first time.

14.4. cBots are able to perform a trading activity on your account and that can result is financial losses. Spotware holds no responsibility for any actions of the third party service taken after you have granted to it access to get account information and/or trade on your behalf.

14.5. Depending on the permissions which you give, a third-party may be able to retrieve any information or perform any action from the computer you are using to run your cBot or indicator, not only the information available in your cTrader account.

14.6. cBots are distributed as examples for testing purposes only and are not guaranteed to produce any particular outcome or profit. cTrader Ltd makes no guarantees of any kind, expressed or implied, about the accuracy and reliability of the cBots, or their suitability to your own trading.
Any reliance placed on the cBots/Algorithms is strictly at your own risk. Spotware Systems Ltd will not be liable for any loss or damage incurred, including but not limited to: consequential loss or damage of data or profits arising out of or in connection with any use of these cBots.

Pressing a 'start cBot' button will instantly launch a cBot which may result in trading operations. The cBot will follow statements and apply parameter values as have been specified in its source code. By using any cBot, you accept all responsibility for the trading activity and outcomes.

The cBots/Algorithms will not perform encoded functions when the platform is not running, or if the connection to the server is lost. cBots will not be able to perform any given functions, including but not limited to: opening trades, closing open trades, adjusting stop loss levels or adjusting take profit levels. Spotware Systems Ltd is not responsible for any losses or damage incurred when connection to the server is lost.

15. PROFILE PAGE

15.1 By using the "Profile" functionality on ctrader.com, you can establish a personalised page associated with the creation of your cTrader ID (cTID). You can use this page as a promotional tool to showcase your trading statistics, profile picture, cover image, recommended broker and the cTrader copy strategies you provide as well as the strategies you have added to Favourites. You can also choose to make your personal information publicly available.

15.2 You acknowledge and agree that after activating the option "Make your profile public" on your profile page, your personal and contact information, your trading statistics (including total live traded volume in USD, most traded symbols and the amount of pips you have won), your recommended broker, the cTrader copy strategies you provide, the strategies you have added to Favourites as well as the profile and cover image you have set up will be publicly available and displayed across all cTrader products that support the respective functionality. As part of this processing, you agree that Spotware Systems Ltd. reserves the right to moderate the content you post. Spotware may, at its discretion, fully or partially delete such content to maintain a professional and acceptable environment for all users, including yourself.

15.3 You hereby agree that the company cannot be held liable for any trading advice provided or received via the profile page. The company does not, either explicitly or implicitly, offer advice on trading, investment or any other financial matters. All trading decisions made by you or other parties are the sole responsibility of those making the decisions. The company shall not be held liable or accountable for any consequences arising from such decisions.

15.4 By acting on trading advice from any user, you agree to indemnify the company, its directors, officers, employees, agents and affiliates and to hold them harmless against any claims, demands, liabilities, costs and expenses (including legal fees) that arise from or are related to the trading advice you have received or followed.

15.5 You also agree to indemnify the company and hold it harmless against any claims by third parties resulting from your reliance on trading advice, including, but not limited to, claims of negligence, breach of duty or any other legal actions.

15.6 Clauses 15.3, 15.4 and 15.5 will continue to be effective and binding even after the termination of this agreement.

16. TROUBLESHOOTING

When submitting a troubleshooting report, you acknowledge and agree that Spotware Systems shall receive logs that document your interactions with the application along with a relevant screenshot, the information in which constitutes personal data in accordance with applicable laws. Such personal data are processed by Spotware Systems in accordance with its Privacy Policy, which can be found here.

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