XTM

XTM

XTM

Terms and conditions

Here you will find the more general terms and conditions (the “Terms”) that apply to your use of our products and services, including how to communicate with us, how to manage your accounts, our anti-money laundering and anti-fraud policies, and our intellectual property rights

1.1 Depending on the country where we are incorporated and with which your account is registered (“jurisdiction”), the terms “we”, “us”, and “our” mean or relate to one of the following:

1.1.1. XTM Investments (USA) Limited

1.1.2. XTM (FX) Ltd

1.1.3. XTM (BVI) Ltd

1.1.4. XTM (V) Ltd

1.1.5. XTM (SVG) LLC XTM Holdings (Guernsey) Limited is the holding company for the above subsidiaries with the registration number 82471 and the registered address of 2nd Floor, 1 Cornet Street, St Peter Port, Guernsey, GY1 1BZ. You can find out more about each jurisdiction under Governing laws and jurisdiction. To find out more about the products offered by each of the above companies, please visit the Product offering section below.

1.2. These Terms are available in several languages, and we have sought to provide a faithful translation from the English version. In the event of any difference in meaning between the English version on the Acerise website and any other languages, the English version shall prevail.

Product offering

2.1. The Company does not provide services to citizens and/or residents of Albania, The Bahamas, Barbados, Botswana, Cambodia, Jamaica, Mauritius, Myanmar, Nicaragua, Pakistan, Panama, Syria, Yemen, Zimbabwe, Jordan, Afghanistan, Anguilla and Vanuatu., or any country that has been identified by the Financial Action Task Force (FATF) as having strategic deficiencies.

2.2. Depending on your country of residency and the products you wish to trade, your account can be registered with only one of the XTM Holdings (Guernsey) Limited subsidiaries.

2.3. If you are a resident of the European Union, your account can be registered with XTM Investments (Europe) Limited, which offers multipliers via XTM Trader and contracts for difference (CFDs) based on forex, commodities, cryptocurrencies, stocks, stock indices, and synthetics via XTM MT5.

2.4. If you are a resident of any country that is not an EU/US Member State or a Restricted Country, your account can be registered with one of the following companies:

Governing laws and jurisdiction

3.1. It is your responsibility as you access XTM to make sure that you understand and fully follow the relevant laws and regulations of your own country. We do not support any offerings or make any solicitations that are illegal in your country, and you cannot use your XTM account for such prohibited offerings. In some countries, we may not be permitted to offer our products and services to you unless you have taken proactive steps to solicit information about them and requested to be provided with our products and services. Access to XTM and the offering of certain trades via XTM may also be restricted in some jurisdictions. It is your responsibility to know about the restrictions that apply in your country of residence and to observe them, as in continuing to access our products and services you represent to us that you are doing so legally and that, where relevant, you have solicited information about our products and services and requested to be provided with them.

3.2. Depending on where you live, your account will be governed by the laws of the country of incorporation of the company that your account is registered with, as set out in Clause 3.4. below. If you have registered more than one account with more than one company, each account will be governed by the law of the country of incorporation of the company that each individual account has been registered with. You agree to submit to the applicable jurisdiction’s courts and bring any claim you may have before them. These courts will have sole authority to settle any disputes that may arise between you and us.

3.3. If a court or regulatory body of competent jurisdiction declares any provision of the Terms to be invalid or unenforceable, the rest of the Terms shall remain in full force and effect.

3.4. The applicable jurisdiction shall be one of the following:
3.4.1. XTM Investments (Europe) Limited: Malta
3.4.2. XTM (FX) Ltd: Labuan, Territory of Malaysia
3.4.3. XTM (BVI) Ltd: British Virgin Islands

Communicaton with us

4.1. You can contact us via our email, mobile applications, or online chat. Contact details can be found on the Contact us page of our website.

4.2. It is your responsibility to make sure that you are able to receive the emails we send you.

Account Management

5.1. Account opening and maintaining To open a XTM account, you need to meet all of the following conditions:

5.1.1. You have read the Terms in full and have understood that you will be buying and selling trades subject to the Terms.

5.1.2. You have read our Security and privacy statement and are aware of how we process information.

5.1.3. You are acting only for your own benefit and not for any other person or on behalf of anyone else.

5.1.4. You are over 18 years old.

5.1.5. You are not a resident of a Restricted Country.

Account closure

5.2.1. You can close your account yourself or ask us to close it for you. However, you can only close your account and withdraw any pending funds if you do not have any open trade positions and have complied with the requested Know Your Customer procedures.

5.2.2. If you do not comply with these Terms, we may close your account and, where appropriate, withhold any funds accumulated in it.

5.2.3. If we determine that you have engaged in inappropriate behaviour, including the usage of offensive language, we reserve the right to restrict or close your account.

Dormant accounts

5.3.1. If your account has not recorded any transactions for a period greater than twelve months, it will be considered a dormant account, and we reserve the right to charge you a dormant fee of up to 25 USD/EUR/AUD/GBP or the equivalent of 25 USD in any other currency as calculated in accordance with the current exchange rate published by XE or any other recognised data provider as at the date the dormant fee is charged. We reserve the right to charge you a dormant fee for every six-month period that your account remains dormant.

5.3.2. If your account has been locked or suspended and has not recorded any transactions for a period of twelve months or more, we reserve the right to rescind your account funds.

5.3.3. If your account has been inactive for 30 days with an account balance of 1 USD/AUD/EUR/GBP or less, your account funds will be rescinded. 5 Terms and conditions | General terms of u

Know Your Customer

General

6.1.1. We may, at our sole discretion, or as otherwise required by law, conduct appropriate Know Your Customer (KYC) procedures, for which you will need to register in full and provide us with specified. documents to prove your identity, address, and financial means.

6.1.2. During registration, you may need to provide your full name, address, date of birth, place of birth, country of residence, contact number, and email address.

6.1.3. Depending on applicable regulations that govern your account, the KYC documentation that we shall. request may include, but may not be limited to, the following:

6.1.3.1. Proof of identity: a clear colored copy of an identity document, such as your national ID card, passport, or driving license.

6.1.3.2. Proof of address: a formal document that contains your address, for example, your bank. statement, tenancy agreement, or a utility bill (mobile phone bills are not accepted)

6.1.3.3. Proof of wealth: a formal document that shows your source of funds, for example, your pay slip or bank statement.

6.1.4. We may suspend your account until you provide satisfactory identification information, evidence of identity and address, source of funds, and/or source of wealth.

6.1.5. If any of your KYC documentation expires, we have the right to request additional non-expired KYC. documentation.

6.1.6. You agree to allow your information to be disclosed to third parties for the purposes of KYC and any other checks.

Money laundering

6.2.1. You shall not use XTM for the purpose of money laundering.

6.2.2. Funds that originate from criminal activity shall not be accepted.

6.2.3. We will report suspicious transactions to any relevant authorities.

Intellectual property rights

1. We own all intellectual property rights in, and to all, XTM businesses, information, technology, and other proprietary materials, including but not limited to the XTM website and products (including but not limited to all software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, information, materials, source codes, structure, sequence, organization, images, text, graphics, illustrations, data, and know-how contained therein, all modifications, alterations, updates, upgrades, and enhancements thereof, all. documentation and manuals related thereto, and all other aspects of such technology or product) or their derivatives, the name of ‘XTM’ or any of its derivatives, and any other names and logos and all related product and service names, design marks and slogans, trademarks (whether registered or not) which we own or control and make available to you through our website or otherwise. This intellectual property is under Copyright XTM 2023 with all rights reserved, and the word ‘XTM’ and the XTM logo are registered trademarks.

2. Copying and distributing such materials for non-commercial purposes are allowed only with our express written permission on a limited basis, provided that each copy of the material remains intact.

3. To copy or redistribute such materials for commercial purposes or for compensation of any kind, you must: (a) obtain our prior written permission and (b) make sure that all copies include the following notice in a clearly visible position: ‘Copyright XTM 2023. All rights reserved.’