1. General

1.1.DY TRADE LIMITED (hereinafter referred to as the “Company”), is a financial services company incorporated under C.R. Number 2770609

1.2. This agreement (hereinafter referred to as the “Agreement” establishes and regulates all relationships between Amega Global Ltd and every person who successfully completed the Account Opening Procedure and opened an account (hereinafter referred to as “Client”). You accept the Agreement during the process of opening an Account with the Company. By accepting the Agreement, you enter into a legally binding agreement with the Company. If you do not agree to be bound by the terms and conditions of this Agreement, then you should not use or access the Company’s services and inform the Company in writing immediately.

1.3. As this Agreement is a distance contract, under which signing the Agreement is not required and the Agreement has the same judicial power and rights as a regular signed one. In case where you wish to receive a printed copy of this Agreement, duly signed and stamped by the Company, you must send two (2) signed copies of this Agreement to the Company, stating your postal address and a countersigned copy will be sent back to that address.

1.4. In addition you acknowledge that you have reviewed and accepted the following legal documents that can be found on the Company’s website.

Definitions

● ‘Access data’ shall mean the Username and Password given by the Company to the Client for accessing the Company’s electronic systems.

● ‘Alter Transactions’ shall mean any modification to the Client’s account Margin by way of Deposit or Withdrawal, or the modification of the transaction open/close rate, commissions, charges, open/close times, profit or loss, or any other parameters of a transaction.

● ‘Application Form’ or ‘Client Account Opening Questionnaire’ shall mean the application form/questionnaire completed by the Client online in order to apply for the Company’s Services under this Agreement, via which the Company will obtain amongst other things information for the Client’s identification and due diligence, his categorization and appropriateness in accordance with the Applicable Regulations.

● ‘Ask’ shall mean the higher price in Quote at which the Client may buy.

● ‘Balance’ shall mean the total financial result in the Client Account after the last Completed Transaction and depositing/withdrawal operation at any period of time.

● ‘Base Currency’ shall mean the first currency in the Currency Pair against which the Client buys or sells the Quote Currency.

● ‘Bid’ shall mean the lower price in a Quote at which the Client may sell.

● ‘Business Day’ shall mean any day, other than a Saturday or a Sunday or any other international holidays to be announced on the Company’s site.

● ‘CFD’ shall mean a contract for difference. A financial instrument, which is derived, based on the fluctuation in the price of the underlying asset.

● ‘Client’ shall mean any person who successfully registers an Account with the Company, through the Company’s website and that Account is successfully verified by the Company.

● ‘Client Account’ shall mean the exclusive personalised account of the Client consisting of all Completed Transactions, Open Positions and Orders in the Company’s Online Trading System, the balance of the Client’s money and deposit/withdrawal transactions of the Client’s money.

● ‘Closed Position’ shall mean the opposite of an Open Position.

● ‘Company’s Online Trading System’ shall mean the Software used by the Company which includes the aggregate of its computer devices, software, databases, telecommunication hardware, a trading platform, all programs and technical facilities providing real-time Quotes, making it possible for the Client to obtain information of Underlying Markets in real time, making it possible for the Client to obtain information of Underlying Markets in real time, make technical analysis on the markets, enter into Transactions, place/delete/modify Orders, receive notices from the Company and keep record of Transactions and calculating all mutual obligations between the Client and the Company. The Company’s Online Trading System consists of the Server and the Client Terminal.

● ‘Trading Conditions’ shall mean the principal trading terms in CFDs (for example these may include Margin, Spread, Swaps, Lot Size, Initial Margin, Necessary Margin, Hedged Margin, Normal Market Size, the minimum level for placing Stop Loss, Take Profit and Limit Orders, financing charges, ticket fees for Sap Free Client Accounts, Company Costs, charges, minimum deposit requirements for different types of Client Accounts etc.) for each type of CFD and/or type of Client Account as determined by the Company from time to time in its discretion. The Trading Conditions appear on the website of the Company.

● ‘Currency Pair’ shall mean the object or Underlying Asset of a CFD Transaction based on the change in the value of one currency against the other. A Currency Pair consists of two currencies (the Quote Currency and the Base Currency) and shows how much of the Quote currency is needed to purchase one unit of the Base Currency.

● ‘Equity’ shall mean the Balance plus or minus any floating profit or loss that derives from an open position and shall be calculated as: Equity = Balance + Floating Profit - Floating Loss.

● ‘Error Quote’ or ‘Spike’ shall mean an error Quote having the following characteristics:

a. A significant Price Gap

b. In a short period of time the price rebounds with a Price Gap

c. Before it appears there have been no rapid price movements

d. Before and immediately after it appears that no important macroeconomic indicators and/or corporate reports are released.

● ‘Floating Profit/Loss’ shall mean current profit/loss on Open Positions calculated at the current Quotes (added any commissions or fees if applicable).

● ‘Free Margin’ shall mean the amount of funds available in the Client Account, which may be used to open a position or maintain an Open Position. Free Margin shall be calculated as: Equity less (minus) Used Margin (Free Margin = Equity - Used

Margin).

● ‘Hedge’ or ‘Hedging’ shall mean any trade which is executed and has the intent or effect of reducing the risk of adverse price movements in another trade.

● ‘Illegal Activity’ shall mean illegal, unlawful, fraudulent, money laundering or other improper activities, as well as breaking into the Site, or attempting to do the same.

● ‘Internet Latency’ shall mean any kind of delay that happens in data communication over a network.

● ‘KYC Process’ shall mean any ‘Know Your Client’ process required to be made by the Company under the Prevention and Suppression of Money Laundering and Terrorist Financing Laws of 2007-2019, as amended, and all Applicable Regulations, and which are designed to identify the Client, verify the identity of the Client, perform background checks on the Client, construct an economic profile of the Client and assess the appropriateness of the Services to the Client.

● ‘Leverage’ shall mean a ratio in respect of Transaction Size and Initial Margin. For example, 1:100 ratio means that in order to open a position, the Initial Margin is one hundred times less than the Transaction’s size.

● ‘Long Position’ shall mean a buy position that appreciates in value if Underlying Market prices increase. For example, in respect of Currency Pairs: buying the Base Currency against the Quote Currency.

● ‘Lot’ shall mean a unit measuring the Transaction amount specified for each Underlying Asset of a CFD.

● ‘Lot Size’ shall mean the number Underlying Assets in one Lot.

● ‘Margin’ shall mean the necessary guarantee funds so as to open or maintain Open Positions for each type of CFD.

● ‘Margin Call’ shall mean the situation when the Company informs the Client to deposit additional margin. This shall take place in case the Client does not have enough margin to open new positions or maintain existing positions open.

● ‘Margin Level’ shall mean the percentage of Equity to Necessary Margin ratio. It is often expressed in percentage. It is calculated as: Margin Level = (Equity/Used Margin) x 100.

● ‘Margin Trading’ shall mean Leverage trading when the Client may take Transactions having less funds on the Client Account in comparison with the Transaction Size.

● ‘Necessary Margin’ shall mean the necessary margin required by the company to maintain Open Positions for each type of CFD.

● ‘Normal Market Size’ shall mean the maximum number of units of the Underlying Asset that are transmitted by the Company for execution for each type of CFD.

● ‘Open Position’ shall mean any position, which has not been closed, a long position or a short position, which is not a completed transaction.

● ‘Order’ shall mean an instruction from the Client to the Company to open or close a position when the price reaches the Order level.

● ‘Order Level’ shall mean the price indicated in the Order.

● ‘Parties’ shall mean the parties to this Client Agreement - the Company and the Client.

● ‘Pip Hunting’ shall mean the situation when the Client opens a position and closes it in a very short time

● ‘Politically Exposed Persons; PEP’ shall mean:

❖ A natural person who is or who has been entrusted with prominent public functions in any country, an immediate close relative of such person as well as a person known to be a close associate of such person;Provided that, for the purpose of the present definition, ‘prominent public function’ means any of the following public functions:

a. Heads of State, heads of government, ministers and deputy or assistant ministers

b. Members of parliament or of similar legislative boards

c. Members of the governing boards of political parties

d. Members of supreme courts, of constitutional courts or of other high-level judicial boards, the decisions of which are note subject to further appeal, except in exceptional circumstances

e. Members of courts of auditors or of the boards of central banks

f. Ambassadors and high ranking officers in the armed forces

g. Members of the administrative, management or supervisory Boards of State-owned enterprises

h. Directors, deputy directors and members of the board or equivalent function of an international organisation.

i. Mayor Provided that no public function referred to in points (a) to (i) shall be understood as covering middle-ranking or more junior officials. Provided furthermore that ‘close relatives of a politically exposed person’ includes the following:

a. The spouse, or a person considered to be equivalent to a spouse, of a politically exposed person

b. The children and their spouses, or persons considered to be equivalent to a spouse, of a politically exposed person

c. The parents of a politically exposed person Provided even furthermore that ‘persons known to be close associates of a politically exposed person’ means natural person:

a. Who is known to have joint beneficial ownership of legal entities or legal arrangements, or any other close business relations, with politically exposed persons.

b. Who has sole beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the de facto benefit of a politically exposed person.

● ‘Price Gap’ shall mean the current Quote Bid is higher than the Ask of the previous Quote or the current Quote Ask is lower than the Bid of the previous Quote.

● ‘Quote’ shall mean the information of the current price for a specific Underlying Asset, in the form of the Bid and Ask prices.

●● ‘Quote Currency’ shall mean the second currency in the Currency Pair, which can be bought or sold by the Client for the Base Currency.

●● ‘Request’ shall mean a request from the Client to the Company given to obtain a Quote. Such a request does not constitute an obligation to make a Transaction.

●● ‘Scalping’ shall mean the form of trading strategy through which the Client, either solely acting or acting with others (internally by using other trading accounts held with the Company or by sharing the same IP address, or externally by using other trading accounts held with other brokers), performs and/or tries to perform numerous transactions within a very short time (for example up to three minutes), hedging positions (partially or fully) by holding open positions on the opposite side of a trade, or by holding a position in a spot asset and the opposite position in the future of that asset, or buying at Bid price and selling at Ask price so as to gain the Bid/Ask difference, or in general a trading activity pattern that indicates that the Client aims to benefit financially without being genuinely interested in trading in the markets and/or taking any market risk.

●● ‘Short Position’ shall mean a sell position that appreciates in value if underlying market prices fall.

●● ‘Slippage’ shall mean the difference between the expected price of a Transaction in a CFD, and the price the Transaction is executed at. Slippage often occurs during periods of higher volatility (for example due to news or events) making an Order at a specific price impossible to execute, when market orders are used, and also when large orders are executed when there may not be enough interest at the desired price level to maintain the expected price of trade.

●● ‘Spread’ shall mean the difference between Ask and Bid of an Underlying Asset in a CFD at that same moment.

● ‘Swap’ or ‘Rollover’ shall mean the interest added or deducted for holding a position open overnight and is considered as additional fees. Swaps or Rollovers shall also include other fees or adjustments induced by corporate actions, such as cash dividends and/or other adjustments that might affect the underlying position of CFDs.

● ‘Trailing Stop’ shall mean a stop-loss order set at a level below the market price for a long position and above the market price for a short position. The trailing stop price is adjusted as the price fluctuates. As the market price changes in traders favour, the stop price changes by the trail amount, but if the price changes against the trader, the stop loss price does not change, and a market order is submitted when the stop price is hit.

● ‘Transaction’ shall mean any CFD transaction transmitted for execution on behalf of the Client, or entered into with the Client, or executed on behalf of the Client under this Agreement.

● ‘We’, ‘Our’, ‘Us’ shall mean the Company, its subsidiaries, affiliates, employees, directors, officers, agents, suppliers, consultants and/or contractors

● ‘You’ or ‘Your’ or ‘the Client’ shall mean any user of the Site who registers and opens an account.

Capitalised terms not specifically defined in this paragraph shall have the meaning awarded to them in the body of this Agreement. Capitalised terms not specifically defined herein shall have the meaning awarded to them in the relevant document incorporated in this Agreement by reference.

References to this Agreement shall be to this Agreement together with all documents incorporated by reference to this Agreement forming an integral part of the same.

2. Licence and use of the trading platform

2.1. DY TRADE LIMITED (hereinafter referred to as the “Company”), is a financial services company incorporated under C.R. Number 2770609

2.2. This Agreement and all transactions are subject to the applicable regulations so that, nothing in this Agreement shall exclude or restrict any obligation which we have to you under applicable regulations. We may take or omit to take any action we consider necessary to ensure compliance with any applicable regulations, all applicable regulations and whatever we do or fail to do in order to comply with them will be binding on you, and such actions that we take or fail to take for the purpose of compliance with any applicable regulations shall not render us or any of our directors, officers or employees liable.

2.3. If a regulatory body takes any action, which affects a transaction, then it is the Company’s reasonable discretion to consider it desirable to correspond with such action or to mitigate any loss incurred because of such action. Any such action shall be binding on you. If a regulatory body makes an enquiry in respect of any of your transactions, you agree to cooperate with us and to supply promptly any information requested in regards to the enquiry, if required.

2.4. The Client will be notified in advance about all the changes made in this Agreement. Any such amendments will also apply to positions opened and to orders placed prior to that date but shall in any event become effective within five (5) days from the published notification. If the Client continues to use the services of the Company after this term, then it shall be deemed that the Client expressly consents to the changes made. For the avoidance of any doubt, it is advised that the Client regularly checks this Agreement.

2.5. Using the Services is permitted solely to you if you comply with all the following:

a. On the date of registration, you are eighteen (18) years old or of legal age as determined by the laws of your country (whichever is higher).

b. You are the owner of a valid payment method (or authorised to use a valid payment method by the owner of that valid payment method) and

c. You do not violate any law or regulation because of using the services. In this contect, it is stressed, that if you reside or are present in any jurisdiction that prohibits using the Services offered at the Site, you shall not participate in the prohibited activity.

2.6. The Client should take into consideration the fact that Forex and CFD trading might be considered illegal in some countries. The Company does not give any legal advice regarding the matter of legality of its services within the country of the Client’s residence. The Company may refuse to provide its services to Clients from countries that consider them as illegal. However, its website will still be available. In this context, it should be stressed out that if the Client resides or is present in a jurisdiction that prohibits the use of the services offered on the website, the Client shall not participate in the prohibited activity. The Company might not target specific jurisdictions, but it offers services on a cross-border basis, while not having ‘physical presence’ and following a ‘reverse enquiry’

2.7. You represent, warrant and agree to ensure that your use of the website and/or the services will comply with all applicable laws, statuses and regulations. The offering or availability of the services shall not be deemed or interpreted as an offer or invitation by us to use the services, if you reside in a place in which such use is currently forbidden by law, or where the Company, in its sole discretion, elects not to offer services. You shall be solely responsible for determining whether your use of the site and/or services is legal in the place where you live and/or use the website and/or services. We make no representations or warranties, expressed or implied, concerning the legality of the services and/or of the website and/or of any person’s participation in the services through this site, and shall not be responsible for any illegal use of the site by you. It is your responsibility to ensure that you comply with all laws applicable to you before registering or participating in any of the services through this website. You should consult with legal counsel in the applicable jurisdiction about the legality of your use of the website and/or the Services.

2.8. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us and not sold to you. The Trading Platform, all copies and any derivative works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know-how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the licence expressly granted to you under this paragraph, no other licence, right, or interest is any goodwill, trademark, copyright, logo, know-how, patent, service mark or other intellectual property right in the Trading Platform or any part of derivative work thereof is granted or conveyed to you.

2.9. The Trading Platform may be required to be shut down in order for maintenance works to be performed. This shall only be done on weekends, and during this time the Trading Platform will be inaccessible.

2.10. We make no express or implied representation or warranty: a. That the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example by routine maintenance, repairs, reconfigurations or upgrades). b. As to the operation, quality or functionality of the Trading Platform.

c. That the Trading Platform will be free of errors or defects

d. That the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your date or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.

2.11. You agree not to use the Company’s trading platform for any fraudulent activities, such as price manipulation or internationally cause trading platform malfunctions in order to get profit.

2.12. The Client must notify the Company about all occurrences of receiving wrong market data on the Trading Platform, failing to execute a trading order or false order execution, which the Client did not make.

2.13. The Company’s official language is the English language, and the Client should always read and refer to the main website for all information and disclosures about the Company and its activities. Translation or information provided in languages other than English is for information purposes only and does not bind the Company or have any legal effect whatsoever. The Company has no responsibility or liability regarding the correctness of the information therein.

2.14. The Company reserves the right, at its discretion, at any time to withdraw the whole or any part of the Services on a temporary or permanent basis and the Client agrees that the Company will have no obligation to inform the Client of the reason.

3. Client information and account opening procedure

3.1. In the event that we accept you as our Client, you shall open a Trading Account in your name which will allow you to place orders on our Trading Platform.

3.2. The Client agrees to provide identification details that are reliable and accurate at the moment of the registration.

3.3. In order to use the Trading Platform and our Services, you must register with us by providing personal information, including identity documents, as registration data. It is understood that we are not required to accept a person as our client until all registration data and other information/documentation we request has been received, properly and fully completed by such person and all internal Company checks have been duly satisfied. It is further understood that we reserve the right to impose additional due diligence requirements to accept certain clients or continue the provision of services to certain clients. The Client hereby acknowledges and agrees that the Company retains the right to block his/her/their Trading Account(s) if the Client fails to provide the Company with the requested information/documentation required for the performance of AML checks and verifications.

3.4. The Company successfully opens an Account for a person, provided that he has been accepted by the Company as a Client.

3.5. Client Identification Procedure:

a. Individual Clients are required to provide:

➢ Proof of Identification (POI): both sides and clear colored copy of Passport, Driving License or National ID Card

➢ Proof of Address (POR): a full clear page colored copy of a recent utility bill, bank statement or any other local authority bill. Your POR must include your full name and residential address and must be issued within the last

three (3) months.

b. Legal Identities are required to provide:

➢ The Legal Entity Identifier (LEI)

➢ Certificate of Incorporation

➢ Certificate of good standing of the legal entity, if any (not older than 6 months)

➢ Certificate of registered address

➢ Certificate of Directors and Secretary

➢ Certificate of registered shareholders

➢ Memorandum and Articles of Association

➢ Resolution of the BoD stating that the Company intends to open an account with the Company and assigning a person as the representative of the legal person to operate the account

➢ KYC for the verification of the identity of the person(s) authorised to operate the account and a Power of Attorney if the said person is not a director of the company

➢ Copies of its latest financial statements and/or copies of its latest management accounts (if available) and/or a Company’s declaration containing the company’s assets (including current assets), liabilities, share capital and reserves as well as the company’s turnover. The said declaration should be signed by a managing director or a company’s representative holding a relevant Power of Attorney

➢ In cases where the registered shareholders act as nominees of the beneficial owners, a copy of the trust deed/agreement concluded between the nominee shareholders and beneficial owners has been agreed

3.6. You agree that you are responsible for the usage of all trading strategies, trades and analytical reports and the Company is not responsible for any of your actions.

3.7. You agree to provide to the Company your personal information (name, address of residence, date of birth, etc) for the purpose of opening a trading account and you agree as well to provide further details, which might be needed. These details are used for verification to secure our clients’ financial transactions.

3.8. You are the owner of a valid payment method (or authorised to use a valid payment method by the owner of that method).

3.9. You agree to use the Company’s services by your own free will, exclusively on your own name and confirm that your actions do not have fraudulent intent.

3.10. You agree that data of your interaction with the Company will be saved and may be used in case of dispute situation between you and the Company or authorities. You give consent of your data usage in order to optimise your interactions with the Company (to inform you about important changes in the Company’s structure).

3.11. You will be aware that the Company may refuse to provide you one or more services in case it interferes with the Company’s interest.

3.12. The Client’s deposit(s) shall be originated from a bank account (or through other means that are linked to a bank account (e.g. credit card), that is in the name of the client, in such case, the Company shall be able to verify the account holder. The first time deposit (FTD) of the client shall originate from an EU bank or a bank licenced within an equivalent AML jurisdiction (for third countries).

3.13. The Client is required to provide copies of any credit or debit cards used to fund the trading account immediately after the transactions have been made

4. Account credentials and client’s consent

4.1. You are responsible for ensuring that your account credentials remain confidential and for taking such other precautions as may be necessary to ensure they cannot be used by any person other than you or your authorised representative and making sure that a third party is not provided access to your computer.

4.2. You are responsible for notifying us immediately if you become aware that your Account Credentials have in any way been breached.

4.3. If we believe that there is likely to be a breach of security, we may acquire you to change your Account Credentials or suspend your access to the Trading Platform.

4.4. You are responsible for ensuring that you solely control the access to your Account Credentials, and that no minor or other person is granted access to the Trading Platform using your Account Credentials. You acknowledge that you are ultimately and solely responsible for all actions on the Trading Platform through your Registration Data including any unauthorised disclosure of your Account Credentials.

4.5. The Company notifies you that all trading orders and financial

transactions that were initiated with your credential details will be considered as your orders and transactions made by you.

4.6. If we are informed from a reliable source that your Account Credentials may have been received by unauthorised third parties, we may, at our discretion without having an obligation to you, deactivate your account. In such an event, we shall duly inform you of the actions taken from our side.

4.7. You acknowledge and agree that we bear no responsibility if unauthorised third parties gain access to information, including but not limited to electronic communications, personal data, and account information when the above are transmitted between the parties or any other party, using the internet or other network communication facilities.

4.8. You shall indemnify, defend and hold us harmless from any claim, proceeding, loss or damages based upon any use, misuse, or unauthorised use of the Trading Platform through your Account Credentials.

4.9. You confirm that the funds, which are used for trading through the Company’s services, belong to you and are free from taxation.

4.10. You are obliged to act on your own name and should not represent the interests of any other third party. The only exception is the case when there are proper documents that entitle one to act on behalf of another person and those documents must meet the Company’s requirements.

4.11. You confirm that by the moment of signing this Agreement you have reached the legal age and you are capable of trading.

4.12. You agree that any trades carried out shall be done through the Company’s Trading Platform.

4.13. You are the sole responsible person for your trading activity and for any investment decision and shall not treat any information as investment advice or recommendation. Any material provided shall be used only for educational and informational purposes and shall not be considered as investment nor trading advice. No information provided by the Company shall be deemed as an assurance or guarantee on the expected results of any transaction.

4.14. If you choose to install any third party software or follow instructions or indications from third parties (trading signals, copy traders, expert advisors etc), the Company shall not be held responsible for any losses