Terms of Service

 

 

This EULA Terms of Service is an integral part of the EULA and together with EULA and Privacy Policy compromise the whole Agreement between You and Spotware.

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

  1. cTrader Features
    1. 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.

    2. cTrader Copy
      1. This section outlines the terms for using cTrader Copy. Should there be any real or suspected breaches of these terms, Spotware 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).
        1. When You copy a strategy, the size of Your position is determined by the equity-to-equity ratio.
        2. Your equity is calculated based on the funds You have added to Your copy-trading account specifically for copying the selected strategy.
        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.
        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.
        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. 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.
          2. If Your calculated position size exceeds the broker's maximum allowable size, no position will be opened.
      2. 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.
      3. Please note that cTrader Copy does not guarantee that positions will be copied to Your account successfully.
      4. Results are not guaranteed and may vary compared to those of the strategy provider due to the following reasons:
        1. Differences between Your positions' entry and closing prices and those of the strategy provider.
        2. Differences in the size of Your positions compared to those of the strategy provider.
        3. Variations in the commissions You pay to Your broker compared to those of the strategy provider.
        4. The possibility that Your broker does not offer the same trading symbols used in the strategy.
        5. Insufficient margin on Your account to copy some of the orders executed in the strategy.
        6. Differences in the stop-out levels, which might cause Your account to be stopped out, while the strategy provider continues to trade.
      5. Starting and Stopping Strategy Copying
        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.
        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. Any unrealised commissions from copying will be charged once all positions have been closed.
      6. Managing Funds in Strategies
        1. A strategy can have a minimum investment requirement and You must deposit at least that amount in order to copy the strategy.
        2. 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.
        3. You have the option to both increase or decrease the amount You deposit to a strategy.
        4. 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.
        5. To withdraw the entire amount, You must stop copying the strategy, which will concurrently close all open positions.
      7. Fees
        1. Strategy providers have the ability to set their own fees, which will be charged to investors who copy their strategy.
        2. Strategy providers can charge investors using one or all of the following methods:
          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 the 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 subject to a high-water mark model so users never pay twice for the same performance.

          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 the 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.

          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.

      8. Copy-trading Account
        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.
        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.
        3. A copy-trading account allows You to view the trading history and performance of the strategy being copied via this account.
        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.
      9. Process to Stop Providing a Strategy
        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.
        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.
        3. All unrealised copying commissions will be charged as if You had decided to stop copying the strategy by yourself.
      10. Fees Paid for Copying
        1. As an investor, You will be subject to the fees that were agreed upon when You started copying a strategy.
        2. If the strategy providers do not set any fees for their strategy, You will not incur any charges.
      11. Personal Data

        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. Your performance:
            1. ROI over all time
            2. ROI % chart
            3. ROI monthly chart
          2. Your account data: 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.
          3. 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.
          4. 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.
          5. Your account age, currency, leverage, starting balance, total amount of deposits and withdrawals.
          6. Your trading stats:
            1. Statistical data based on Your trading history such as the ratio of pips You won or lost, total net profit, profit factor ratio, etc.
            2. Equity chart (including minimum and maximum equity and balance per day).
            3. Volume breakdown chart (including symbols and their volumes that were traded, and the percentage that symbol made up of the total volume traded).
          7. Your strategy details:
            1. Strategy name
            2. Strategy age
            3. Minimum investment
            4. Performance fee
            5. Management fee
            6. Volume fee
            7. Strategy description
          8. Your investors stats:
            1. Investors chart displaying the statistics of the investors per month
            2. Current number of investors
            3. Number of investors over all time
            4. Total amount of funds copied on live accounts
            5. Total volume copied
          9. 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.
      12. 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 1.2.11, 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.

      13. 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 1.2.11 which is available and visible to anyone who follows the invite link without previous authorisation in the application.

      14. Fees
        1. Strategy providers have the ability to set their own fees, which will be charged to investors who copy their strategy.
        2. Strategy providers can charge investors using one or all of the following methods:
          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 the 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 subject to a high-water mark model so users never pay twice for the same performance.

          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 the 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.

          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.

    3. cMirror

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

    4. Open API

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

      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.
      2. By using cTrader Open 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 license under Spotware’s intellectual property rights to use APIs for developing, testing and supporting Your application and to allow Your customers to use Your integration of APIs within Your application.

        2. Cost

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

        3. Modification

          Spotware reserves the right to modify the API and its Terms of Service 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 remove access to applications found to be in breach of the GDPR privacy-specific requirements and rules.

        5. Resources

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

        6. Publicity

          Spotware reserves the right to refer to You as a user of cTrader Open API.

    5. cTrader Invite
      1. cTrader Invite is a comprehensive set of tools designed for brokers’ partners within the cTrader platform. It aims to enhance the conversion of potential traders and deepen engagement with referrals, ultimately strengthening loyalty to partners and their services.
      2. cTrader Invite provides partners with a range of features to attract, convert and retain new traders. Partners can generate invite links effortlessly, manage multiple links and track the performance of shared links. The attribution process is automated and transparent, ensuring accurate tracking of invited traders. Additionally, partners can create personal profile pages to showcase their trading services and interact with users.
      3. Partners are responsible for utilising cTrader Invite effectively to attract and convert potential traders. This includes sharing invite links and maintaining an updated profile page with relevant information and trading services. Partners must ensure that invite links contain the required attribution parameter to accurately link invited traders to their accounts.
      4. Invited traders benefit from a seamless experience facilitated by the cTrader Invite toolkit. You can easily access partner profile pages, view trading statistics, and communicate with partners through various channels. Invited traders are automatically added to the "Invited traders" tab for partners, enabling efficient information exchange and monitoring of performance.
        1. Invited traders may gain access to Partner algorithms (cBots, indicators or plugins). Spotware is not liable for the actions of algorithms provided by Partners.
        2. Partners retain the right to withdraw their algorithms provided to invited traders at any time. Spotware is not liable for any consequences resulting from the withdrawal or unavailability of partner algorithms.
        3. Spotware shall not be held responsible for any losses, damages or claims arising from the use of partner algorithms. Users acknowledge and assume all risks associated with their use.
        4. You release Spotware from and indemnify Spotware against any liability or responsibility for losses, damages, or claims resulting from the use of partner algorithms, including financial losses, system failures, errors or other related issues.
        5. Partners provide access to algorithms gratuitously. All information regarding backtesting or account performance will be accessible via a direct link for all cTrader users, including unauthorised users.
      5. 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 feature. By using cTrader Invite, You agree to abide by the terms and conditions outlined in the EULA.
    6. cTrader Algo
      1. cTrader Algo is a distinctive feature integrated into the cTrader platform, enabling traders to craft custom algorithms (executable code components operating within cTrader Windows, cTrader Mac and in Cloud) and to use algorithms provided by third parties. cTrader platform has built-in sample algorithms that can be developed to meet the needs of traders.
      2. The three primary algorithm types are cBots, indicators and plugins, collectively referred to as algorithms. cBots and indicators are designed for technical analysis and automated trading, being applied to specific charts. Plugins, on the other hand, are enabled or disabled throughout the entire cTrader platform. In contrast with cBots and indicators, a plugin does not reside in the context of a single chart but is installed in cTrader itself, having access to all charts.
      3. All algorithm types, including cBots, indicators and plugins can access the following current user data:
        1. Account number
        2. Account balance
        3. List of open positions, pending orders and trading history
      4. A developer has the option to request specific permissions for a cBot, indicator or plugin from the following set of possible permissions:
        1. None
        2. Full Access

        Additionally, please note that internet access is available for all algorithms.

      5. Limitations to all algorithm types:

        Spotware shall not be responsible for any issues arising from the use of third-party execution algorithms. You are solely responsible for the implementation and consequences of third-party algorithms used in conjunction with the cTrader Algo feature.

        1. If an algorithm requires full access, You will be prompted to either allow or deny the access. An algorithm with full access may have the capability to retrieve information or execute actions beyond the scope of Your cTrader account, extending to the entirety of the computer running the algorithm. By providing full access, You hereby acknowledge and accept all associated risks and potential damage that may occur to Your data or personal computer due to the algorithm’s actions.
        2. By using an algorithm, You explicitly agree that Spotware shall not be liable for any direct, indirect, incidental, consequential or exemplary damage arising from the use of the algorithm. This includes but is not limited to, any risks or damages to Your data or personal computer. You furthermore agree to indemnify and hold Spotware harmless from any damages, losses, liabilities, costs or expenses resulting from the use of algorithms.
        3. You understand and acknowledge that the use of algorithms carries inherent risks. You assume full responsibility for any financial consequences resulting from the use of algorithms, including their potential to engage in trading activities on Your account, leading to financial losses.
        4. All algorithms within the cTrader Algo feature possess the capability to execute trades on Your behalf. For each indicator and plugin, explicit permission for trading operations is required and such permission is sought only once for each algorithm. Upon confirmation, the algorithm is deemed trusted and can autonomously execute trade operations on Your behalf.
        5. You hereby acknowledge and accept that cBots, being automated trading strategies, inherently operate without the need for explicit trading permission. Pressing the "Start cBot" button instantly launches a cBot, leading to potential trading operations. By using any cBot, You assume full responsibility for the trading activity and outcomes.
        6. By running any algorithm, You expressly agree that it can automatically execute trading operations without requiring confirmation from you. The automated nature of algorithms empowers them to execute trades without explicit confirmation or intervention. Once an algorithm is activated and running, it holds the authority to initiate trades based on its trading plan. This is performed without seeking Your explicit permission for each individual trade operation.
        7. You further acknowledge that it is Your responsibility to assess the risks associated with running an algorithm and to actively monitor its performance.
        8. Algorithms can be automatically restarted including, but not limited to, the following cases:
          1. account change
          2. parameter change
          3. symbol change
          4. period change
        9. Algorithms, distributed as examples for testing purposes only, are not guaranteed to produce specific outcomes or profits. Spotware disclaims all guarantees, expressed or implied, regarding the accuracy and reliability of algorithms or their suitability for Your trading. Any reliance on algorithms is strictly at Your own risk and Spotware will not be liable for any claims, damages or consequential losses arising from their use.
        10. It is important to note that algorithms do not perform encoded functions when the platform is not running or when the connection to the server is lost. Spotware is not responsible for any losses or damage incurred due to a lost connection to the server.
    7. Cloud Execution
      1. The "Cloud execution" feature allows executing cBots in a dedicated environment separate from Your local machine. Spotware hereby disclaims that there may be differences or variations between the execution of cBots on Your local machine and execution in Cloud.
        Algorithms deployed in Cloud may execute trading activities on Your account, potentially leading to financial losses.
      2. Spotware hereby disclaims all and any liability in regards to responsibility for any financial losses when using cloud execution for cBots or the functionality and/or availability of cloud execution at any given time.
      3. Synchronisation of Local Algorithms with Cloud
        1. Synchronisation is the procedure of aligning cloud algorithms with local algorithms, such synchronisation applies solely to cTrader Windows and cTrader Mac. This entails ensuring that both sets of algorithms are aligned. During synchronisation, each local algorithm undergoes a transferal process wherein it is systematically uploaded to Cloud. This serves to harmonise Cloud’s repository with the local environment, facilitating seamless integration and uniform functionality across the cTrader platforms. Algo synchronisation involves the process of syncing local algorithms with the Cloud storage. Only compiled files (.algo) are synchronised.
          You are hereby informed that synchronisation can be selectively disabled at Your discretion. By opting to disable synchronisation, You effectively sever the tether between a local instance of cTrader and Cloud. Consequently, this action prohibits You from managing cloud cBots from the specific cTrader instance.
        2. Disabling synchronisation effectively severs the connection between Your local cTrader instance and the Cloud service, thereby restricting Your ability to manage cloud cBots from that particular cTrader instance. By disabling synchronisation, You do not automatically remove algorithms from Cloud.
      4. Limitations of cBots running in Cloud:
        1. Removing an algorithm from Cloud terminates all instances launched in Cloud.
        2. If a cBot running in Cloud consumes excessive CPU time or memory, it may be automatically halted.
        3. cBots operating in Cloud do not have access to any chart opened in cTrader.
        4. Cloud cBot is automatically halted upon encountering a "Not enough funds" error.
        5. Spotware reserves the right to halt and block any cBot without prior notice if it fails to generate sufficient trading volume or consumes excessive resources.
        6. Additionally, Spotware reserves the right to limit cloud instances running on the same cTrader ID account simultaneously.