Terms and conditions
1. Objectives
It is the goal of Gains Capital FX (“Gains Capital FX”), to help users enter and navigate the cryptocurrency space, and provide tools to help users make their own sound decisions relative to growing their wealth. Services are intended for medium- and long-term investors.
2. Activities
2.1 Account creation
Gains Capital FX will create the necessary crypto exchange accounts on behalf of, and with permission of the user. Once account set-up is complete, users are provided with the account credentials and password change instructions, at which point users will have full control over their account. Users are the full and sole owner of their exchange accounts and carry all responsibilities that come with opening, holding, and managing such accounts.
2.2 Asset allocation
Gains Capital FX uses dynamic, proprietary algorithms to define and perform portfolio allocation, based on user input. Manual trades or transactions conducted by users may limit Gains Capital FX’s account monitoring and reporting ability.
2.3 Fund deposits and withdrawals
Users are responsible for depositing and withdrawing funds to/from their account, however Gains Capital FX will provide clear instructions on how to do so.
2.4 Account monitoring and reporting
Gains Capital FX will continuously monitor user accounts and provide users with a monthly dashboard with easy-to-understand portfolio and performance details.
3. Fees
3.1 Fee structure
Gains Capital FX offers different plans: freemium, and performance fee. The freemium plan is totally free and offers limited functionality.
Our customers especially like the no-profit-no-pay model as it means that Gains Capital FX only gets paid if the customer wins. We like this also!
3.2 Promotions
Gains Capital FX reserves the right to apply promotional discounts to the fees listed under 3.1. This is completely at Gains Capital FX’s discretion.
3.3 Other fees
Gains Capital FX does not charge any additional or hidden fees. For any transaction or trading fees that may be charged by cryptocurrency exchanges and/or banks, users accept full responsibility.
4. Security
4.1 Infrastructure
Gains Capital FX is powered by Google Cloud. Google Cloud helps reducing the cost, complexity, and risk associated with security and compliance in the cloud.
4.2 Exchanges
Gains Capital FX thoroughly vets its partners and only works with major “top-10” exchanges. User funds remain on their personal exchange account and interactions between Gains Capital FX and user accounts are performed by means of customer owned API keys. API access is limited, hence in the unlikely event of a security breach, no fund withdrawal can take place.
5. Disclaimer
5.1 Financial advice
Gains Capital FX does not provide financial advice. Gains Capital FX is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Bank, Securities Broker, Commodity Trade Advisor, or Financial Planner. The information provided, such as optimal fund allocation, is based on user input and for information purposes only. The Information is not intended to be and does not constitute financial advice or any other advice, is general in nature and not specific to you. Before using Gains Capital FX, users should seek the advice of a qualified investment professional and undertake their own due diligence. Gains Capital FX is not responsible for any investment decision made by users.
5.2 Warranties
Gains Capital FX disclaims to the full extent authorized by law any and all warranties, whether express or implied, including, without limitation, any implied warranties, merchantability or fitness for a particular purpose. Gains Capital FX does not warrant that its services and applications will be free of bugs, errors, viruses or other defects, nor that trade results will be profitable.
5.3 Liability
In no event can Gains Capital FX or any of its owners be liable to users or any party related to users for any indirect, incidental, consequential, special, exemplary, or punitive damages, lost profits, or losses, even if Gains Capital FX has been advised of the possibility of such damages. In any event, Gains Capital FX’s total aggregate liability to users for all damages of every kind and type (regardless of whether based in contract or tort) shall not exceed the fees paid to Gains Capital FX for the use of our services or applications.
6. Risks
Investing in any asset class, including crypto currencies, holds numerous risks, for example: technology risks, exchange risks, security risks, regulatory risks. Before deciding to leverage Gains Capital FX services, users should carefully consider their investment objectives and risk appetite. The possibility exists that users lose some or all of their initial investment and therefore no money should be invested that users cannot afford to lose.
As with any market, for a transaction to happen it requires a seller, a buyer, and a price agreement. Loss-limiting strategies such as stop-loss orders may not be effective because market conditions or technological issues may make it impossible to execute stop-loss orders. Gains Capital FX is not responsible for any losses incurred as a result of using Gains Capital FX’s advisory services.
7. Privacy
Gains Capital FX is fully compliant with GDPR (General Data Protection Regulation), an EU regulation enforceable as of May 25, 2018. Gains Capital FX stores the minimum possible amount of user data necessary to deliver its services. Stored user data includes: name, date of birth, country of residence, email address, and exchange API keys (encrypted). User data will never be shared with any third party before explicit user consent. Users have the right for their user data to be forgotten, which can be requested over email.
8. Communication
The User understands and agrees to the preceding sections. The User also agrees to the following:
- User agrees to not hold Gains Capital FX liable for any realized trading loss in any currency or asset;
- User reserves the right to stop using Gains Capital FX at any point;
- You agrees and warrants that any information provided to Gains Capital FX is accurate and complete;
- User agrees that Gains Capital FX is offering a Software as a Service (SaaS). This means that Gains Capital FX monitors user accounts on users’ behalf on exchanges that are not affiliated with Gains Capital FX;
- User agrees to take full responsibility for identifying and paying any tax liabilities that may exist as a result of trading, or Gains Capital FX services in general;
- This agreement is governed by and construed in accordance with the Dutch law and any dispute, which cannot be amicably resolved, shall be submitted to the jurisdiction of the Court in the Netherlands;
- Gains Capital FX reserves the right to terminate or deny service to anyone, at any time, for any reason.
