February 16, 2024

1. Parties
   1.1. FIXTCAPITAL OÜ, reg. code 16661117, address Tallinna mnt 70, Uuemõisa, 90401 Haapsalu, Estonia (hereinafter referred to as Partner 1 or FIXTVIEW), and
   1.2. The individual who submits a request for joining the trading software from the FIXTVIEW website (https://fixtview.com) (hereinafter referred to as Partner 2).
2. Terminology
   2.1. Trading Software: The software version specified in the package rented via the FIXTVIEW website in the subscription application submitted on the website.
   2.2. Trading Account: An account opened by Partner 2 with a broker for managing the Partner 2 trading portfolio and integrated with the trading software.
   2.3 Type of Trading Account: MetaTrader 4, MetaTrader 5, or CTrade.
3. Purpose of the Contract
   3.1. Partner 2 acquires the right to rent trading software for automation of transactions on his trading account.
   3.2. Partner 2 has the right to use Partner 1’s trading software on one account per package.
   3.3. Partner 2 is prohibited from copying the trading software to other trading accounts.
   3.4. Partner 2 is prohibited from transferring, selling, or leasing the trading software to other individuals.
   3.5. If changes caused by Partner 2 in the trading software settings result in damage to Partner 1, Partner 2 is obliged to compensate Partner 1 for all damages, including lost profits.
4. Fees
   4.1. In this Сontract all remunerations are calculated in euros and include VAT, if applicable.
   4.2. By agreeing to the present Сontract, Partner 2 confirms his agreement to pay Partner 1 a one-time activation fee depending on the cost of the selected trading software package at the moment of signing the Contract.
   4.3. By agreeing with this Contract Partner 2 confirms his consent to pay Partner 1 a monthly rental fee, which depends on the trading software package and increases in case of trading account balance growth, which leads to package change.
   4.4. The package change is considered when the trading account balance increases to the level of another package, either automatically, or as a result of trading, or as a result of making a deposit by Partner 2.
   4.5. Partner 2 can change or update a package at any time. Technical adjustments for updating the package are made immediately after Partner 1 receives the rent for the new package. If the package is changed, the monthly rent is changed in accordance with the current price list at the time of the change.
   4.6. The rent payment must be made within three calendar days from the date of invoice.
   4.7. Only for the first month of connection to the trading software, the rental fee is calculated in proportion to the number of days in a calendar month from the date of connection. The rent for each subsequent month shall be calculated for a full calendar month. If Partner 2 fails to make timely payment of the rental payment, he/she must notify Partner 1 in writing to the support service and explain the reasons for the delay. In such a case the Parties may agree on a new date for making the delayed rent payment.
   4.8. If Partner 2 fails to notify Partner 1 in writing, Partner 1 has the right to suspend provision of the trading software and/or terminate the Contract. In this case Partner 2 must pay a new activation fee to resume using the trading software. Partner 2 is aware of the fact that suspension of the trading software rental service may lead to losses on his trading account positions.
   4.9. If Partner 2 repeatedly or systematically demands Partner 1 to change the date of rent payment, Partner 1 has the right to unilaterally terminate the Contract by notifying Partner 2. Partner 1 publishes the price list on its website. The price list is an integral part of this Contract.
   4.10. Partner 1 has the right to unilaterally change the price list at any time by notifying Partner 2 by e-mail at least 14 days before the changes come into force. If Partner 2 does not agree with the changes in the price list, he/she has the right to terminate the Contract by notifying Partner 1 by e-mail at least 3 days before the changes come into force.
5. Preconditions for Setting Up Trading Software
   5.1. Before taking the trading software into use, Partner 2 must open a trading account with a broker in one of the following currencies: EUR, USD, GBP, CHF.
   5.2. The trading account must use leverage of at least 1:400.
   5.3. Trading on the same account linked to the trading software is allowed only through the software. If Partner 2 wishes to trade independently, they must do so on a different account.
   5.4. For integrating with the trading software, Partner 2 must submit an application to Partner 1 with necessary details for setting up the software. This includes providing Partner 1 with the trading account username and master password. The application form can be found and filled out here.
6. Obligations of the Parties
   6.1. Partner 2 is obligated to:
   6.1.1. Carefully fulfil the terms of this Contract.
   6.1.2. Timely pay the activation and rental fees as per the Contract, following invoices issued by Partner 1, and no later than the date indicated on the invoice.
   6.2. If Partner 2 has not received the invoice for the next period’s rental fee by the 2nd of the billing month, they are required to inquire with Partner 1 by the 4th of the month.
   6.3. Partner 1 is obligated to carefully fulfil the terms of this Contract.
   6.4. Partner 1 will send the rental fee invoice to Partner 2 in writing or digitally by the 1st of the billing month.
   6.5. In case of server malfunction or other technical issues not caused by Partner 1, which lead to the interruption of the trading software and consequently Partner 2’s account trading, Partner 1 is obligated to restore functionality as soon as possible. If normal operation is not resumed within 24 hours after the interruption, Partner 2 is exempted from paying the rental fee for the period of non-functioning.
7. Support Services
   7.1. Partner 2 has the right to contact Partner 1 via email or through the appropriate form on Partner 1’s website 24/7.
   7.2. Partner 1 will address all inquiries from Partner 2 on business days between 09:00-18:00 GMT +2 time zone.
8. Guarantees
   8.1. Partner 1 does not guarantee profitability from using the trading software.
   8.2. The expected profit mentioned in the trading software package descriptions is approximate and speculative and may change over the rental period.
   8.3. Partner 1 does not have access to Partner 2’s trading account.
   8.4. Partner 1 does not have access to Partner 2’s funds and assets on their trading account.
   8.5. If Partner 2 loses the trading account password, Partner 1 does not have the technical capability to recover it.
   8.6. If Partner 2 changes the trading account username or other settings without notifying Partner 1, resulting in the suspension of the trading software connection to Partner 2’s account, Partner 1 is not responsible for any resulting damages.
   8.7. Partner 1 is not obliged to maintain service during maintenance periods, periods of financial market manipulation, and other instances where Partner 1 deems it necessary to suspend services to protect Partner 2’s financial interests. Trading software maintenance occurs during market downtime.
9. Copyrights and Ownership
   9.1. The trading software and its technical tools are exclusively owned by Partner 1 and protected by international copyright and trademark laws.
10. Dispute Resolution
    10.1. This Сontract is governed by the law of the Republic of Estonia.
    10.2. Any disputes arising from the Сontract will be resolved through negotiations. If no agreement is reached, the dispute will be settled in accordance with Estonian law by the Harju County Court.
11. Exclusion of Liability
    11.1. Regardless of the provisions of this Сontract, Partner 1 is not liable for any damages incurred by Partner 2 related to:
    11.1.1. Any server operation, power supply, or other technical systems, except in the case of an error caused by Partner 1;
    11.1.2. Services provided to Partner 2 by third parties not related to Partner 1;
    11.1.3. Movements in the Forex market or any other trading market.
12. Force Majeure
    12.1. The parties are exempt from liability and the fulfillment of obligations under this Сontract in the event of an uncontrollable emergency (Force Majeure), which occurs beyond the control and capability of the parties and directly affects the validity and performance of this contract.
    12.2. Force majeure circumstances include, but are not limited to, natural disasters, wars, armed conflicts, epidemics, pandemics, and other events beyond the reasonable control of the parties, as well as decisions and legal acts issued by national authorities and local governments, and other similar circumstances that preclude the fulfillment of the parties’ obligations.
    12.3. The party affected by Force Majeure shall immediately notify the other party in a reproducible form and also inform about the end of such circumstances.
    12.4. In the event of a Force Majeure, the affected party will confirm the consequences of these circumstances in accordance with the laws of the Republic of Estonia.
    12.5. During a Force Majeure, this Сontract’s obligations are fully or partially suspended for the duration of such circumstances.
    12.6. If a Force Majeure persists for more than 90 (ninety) calendar days, either party has the right to terminate this Сontract by notifying the other party in a reproducible form at least 10 (ten) calendar days in advance.
13. Validity of the Contract
    13.1. This Contract shall come into force from the date of its signing by Partner 2 on the website and shall be valid for 1 year.
    13.2. The expiration of the Сontract term does not release the parties from liability for its breach, which took place during the Сontract period. In this case, the parties must fully fulfil their obligations.
    13.3. Partner 1 has the right to unilaterally change the terms and conditions of the agreement at any time by notifying Partner 2 at least 14 days before the changes come into force. If Partner 2 does not
    agree with the changes, he/she has the right to terminate the Сontract by notifying Partner 1 by e-mail at least 3 days before the changes come into force.
    13.4. All amendments to the Сontract (including price list) made by Partner 1 unilaterally come into force from the moment of their publication on Partner 1’s website.
14. Confidentiality
    14.1. The terms of this Сontract, any information about the parties’ financial position, and the details of this contract’s implementation are strictly confidential and must not be disclosed by the parties to any other individual or legal entity, including public authorities, except as required by law or otherwise agreed by the parties.
    14.2. The parties shall not use or copy confidential information except for fulfilling the terms of this Сontract. Confidential information may only be disclosed to consultants, parties to the Сontract, and other parties who need the information for objective reasons, affirming the purpose for which this information is necessary and who are obligated to maintain the confidentiality of the parties and their information.
    14.3. At the request of either party, confidentiality requirements due to the actions of a party may be added to this Сontract.
    14.4. The parties agree that Partner 1 may use (including publishing on myfxbook.com or similar environments) Partner 2’s trading statistics for marketing purposes while maintaining Partner 2’s anonymity.
15. Notices
    15.1. Notices and letters sent to a party for the implementation of or in connection with this Сontract must be in a reproducible written form.
    15.2. A notice is considered received if one of the following requirements is met:
    15.2.1. Sent through an agent or personally delivered;
    15.2.2. Sent in digital form via email;
    15.2.3. Sent via postal service or courier services.
    15.3. Notices and letters delivered to a party during normal business hours on a working day are considered received and effective from the moment of delivery.
    15.4. All communication and letters are sent to the contact details provided by the parties. Each party is obliged to immediately inform the other party of any changes in contact details.
    15.5. The parties agree that all notices and statements arising from their obligations may be forwarded to the other party’s e-mail address indicated in the agreement. When a notice is sent to the e-mail address, it is considered delivered to the party and that the party has had a reasonable opportunity to read it from the day after the notice was sent, even if the notice does not arrive due to the capacity of the e-mail box being full.
16. Taxation. Costs of Implementing the Сontract
    16.1. The obligation to collect and transfer national or local taxes, fees, costs, and financial obligations arising from the execution of the Сontract is carried independently by each party, in accordance with the laws of the Republic of Estonia.
    16.2. Partner 1 is obligated to adhere to mandatory fees and taxes only in cases explicitly stipulated by the laws of the Republic of Estonia.
17. Privacy & Data Protection Policy
    17.1. An integral part of this Сontract is the Privacy & Data Protection Policy published on Partner 1’s website.
    17.2. By agreeing to this contract, Partner 2 confirms that they have read and agreed to the Privacy & Data Protection Policy.