End-user Licence Agreement

Please read carefully the below Agreement, understand and make yourself comfortable with the terms and conditions governing the relationship between You and Spotware in regard to the use of the cTrader platform.

This Agreement is a legally binding document explaining your rights and obligations related to the use of the cTrader platform, including any additional services, components and features. By downloading and using the cTrader platform, you are agreeing to be bound by the terms and conditions of this Agreement. If, for any reason, you do not agree to be bound by this Agreement, you may not download and use the cTrader platform.

Particularly, please read the below terms, conditions and policies which are an integral part of the Agreement and make up the whole Agreement between You and Spotware:

You agree to resolve any disputes with Spotware arising out of this Agreement by way of negotiations. We at Spotware believe that an alternative dispute resolution process of negotiations will resolve any disputes arising out of this Agreement fairly, efficiently and in a more timely manner than formal court litigation. If the dispute is not resolved by way of negotiations, please refer to clause 7 below.

TO ENTER INTO THIS AGREEMENT YOU MUST BE AN ADULT AS YOU WILL BE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING AND ACCESSING THE CTRADER PLATFORM. YOU HEREBY DECLARE THAT YOU ARE AN ADULT, YOU UNDERSTAND AND ACCEPT THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION TERMS).

Certain words and phrases are defined to have certain meanings when used in the context of this Agreement.

Licence Grant
1. Spotware hereby grants You a personal, non-exclusive, non-transferable, non-sublicensable limited right and licence to use 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 products were designed (Windows 7, 8, 10 and 11, Mac, Apple iOS, Android) for your personal and non-commercial use (the "Licence"). Such rights granted to You by Spotware under this Licence are subject to the terms of this Agreement, and You may only make use of the Licence if you comply with the applicable terms.
2. Licence to use the cTrader platform becomes effective on the date you accept this Agreement. The cTrader platform is licenced and not sold to You under the Licence, and such Licence does not grant you any title or ownership in the cTrader platform.
Licence Conditions
1. You are prohibited from engaging in the following activities with respect to the cTrader platform:
  (i) Copy, reproduce, display, perform or otherwise use it in a way that is not expressly authorised in this Agreement.
  (ii) Sell, rent, lease, license, distribute or otherwise transfer the Licence.
  (iii) Reverse engineer, derive source code from, modify, adapt, translate, decompile or disassemble it or make derivative works based on it.
  (iv) Remove, disable, circumvent or modify any proprietary notice or label or security technology included in it.
  (v) Create, develop, distribute or use any unauthorised software programmes.
  (vi) Use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity or privacy rights.
  (vii) Use, export or re-export it in violation of any applicable law or regulation.
  (viii) Behave in a manner which is detrimental to the enjoyment of the cTrader platform by other users as intended by Spotware, in Spotware’s sole judgement, including but not limited to the following: cheating, harassment, use of abusive or offensive language, spamming, social engineering or scamming.
2. Furthermore, you attest not to 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 and to always comply with all applicable laws in regard to the use of the cTrader platform.
3. Spotware may provide You with support services related to the cTrader platform ("Support Services"). Any supplemental software code provided to You as part of the Support Services shall be considered part of the cTrader platform and subject to the terms and conditions of this EULA. Additionally, Spotware may collect anonymous performance-related data via its platforms without prior notice to the user. These data will be used solely to improve the cTrader platform.
Ownership/Third-party Licences
1. All titles, including but not limited to copyrights, in and to Spotware products and any copies thereof, are owned by Spotware. All titles and intellectual property rights in and to the content that may be accessed through the use of Spotware 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.
Disclaimers and Limitation of Liability
1. The cTrader platform and the Services are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Spotware, its affiliates, its and their licensors and service providers (collectively the “Spotware Parties”) disclaim all representations, warranties and conditions (whether express or implied) with respect to the cTrader platform and Services, including without limitation regarding non-infringement, merchantability or fitness or suitability for any purpose (whether or not a Spotware Party knows or has reason to know of any such purpose), whether arising under law, by reason of custom or usage in the trade or by course of dealing. Without limiting the generality of the foregoing, the Spotware Parties make no warranty that the cTrader platform or Services will operate properly and that the operation of the cTrader platform or Services will be uninterrupted or free of bugs, errors or malware (such as viruses) and any defects in the cTrader platform or Services can or will be corrected. This paragraph will apply to the maximum extent permitted by applicable law. In no event shall Spotware 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 has been made aware of the possibility of such damages.
2. Spotware 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 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.
Indemnity
1. You agree to indemnify, pay the defence costs of and hold harmless Spotware, its employees, affiliates, contractors, directors and officers against any direct, indirect, incidental, special, punitive or consequential damages arising from the use or inability to use the cTrader platform; any loss of income, business, profits or anticipated savings resulting from the use or inability to use the platform; any loss or damage related to communication disruptions, suspension or termination of the Agreement or the Client’s decision not to update the platform.
2. You further agree and acknowledge that Spotware, as a software development company, does not engage in the provision of financial, investment, brokerage, trading, hosting or data feed services in any currency or stock market. You undertake to indemnify and hold Spotware harmless against all claims, liabilities, damages, costs and expenses arising from the Services related to the cTrader platform.
Termination
1. Without limiting any other rights of Spotware, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting all copies of the cTrader platform. Upon termination of this Agreement, the Licence will automatically terminate, You may no longer exercise any of the rights granted to You by the Licence and you must destroy and permanently delete all copies of the cTrader platform in your possession
2. Clauses 2-5 shall survive termination of this Agreement.
Governing Law and Jurisdiction
1. This Agreement shall be governed by the laws of the Republic of Cyprus.
2. Any disputes, controversies, differences or claims, whether contractual or non-contractual, arising out of or in relation to this Agreement, including its existence, validity, interpretation, performance, breach or termination which may arise from the performance of the Parties’ obligations contained in this Agreement shall be resolved and settled through negotiations. If the dispute is not resolved through negotiations, then the Parties shall refer the dispute to the Courts of the Republic of Cyprus.
Amendments of this Agreement
1. Spotware may issue an amended Agreement at any time and at its sole discretion by posting the amended Agreement on its website or by providing you with digital access to the amended Agreement through the cTrader platform or any other means. If any amendment of this Agreement is not acceptable to You, You may terminate this Agreement in accordance with the termination clause above before such amendment becomes effective. Upon such termination, You must stop using the cTrader platform. By using the cTrader platform after the amendment becomes effective or otherwise indicating your acceptance of the amendment, You are agreeing to be bound by the terms and conditions of the amended Agreement.
No Assignment
1. You may not, without the prior written consent of Spotware, assign, transfer, charge or subcontract all or any of your rights or obligations under this Agreement and any attempt without that consent shall be null and void. Spotware may assign, transfer, charge or subcontract all or any of its rights and obligations arising out of this Agreement.
Miscellaneous
1. This Agreement, together with the Terms of Service, Privacy Policy and any other additional terms you may have agreed to with Spotware, constitutes the entire agreement between You and Spotware relating to the subject matter of this Agreement. All other communications, proposals and representations with respect to the subject matter of this Agreement are excluded.
2. This Agreement has been drafted in English and may be translated into other languages for convenience only. In the event of any disputes and discrepancies in regard to such translation, the English text shall prevail.

Spotware EULA