This risk disclosure (hereinafter referred to as the Disclosure) was developed by Atimex Consult LLC and is aimed at informing all our customers (current and potential), as well as our potential partners about the risks associated with transactions with non-deliverable OTC financial instruments on the financial markets, and possible financial losses arising from these risks.
1.1. A transaction with a non-deliverable OTC financial instrument on financial markets (hereinafter referred to as the Transaction) is an OTC transaction that consists of two parts - opening and closing a position, does not provide for rights and does not establish obligations of the parties to buy (sell) the underlying asset, but creates an obligation to pay (the right to get) the amount of the difference between the price of the underlying asset at the time of opening a position and the price of the underlying asset at the time of closing the position.
1.2 All customers and partners of Atimex Consult LLC (hereinafter referred to as the Customers) must read this Disclosure carefully before performing any Transactions using the software products of Atimex Consult LLC. However, it should be noted that this Disclosure cannot fully take into account and, accordingly, does not disclose all possible risks and other important aspects associated with theTransactions performance. The Risk disclosure has been developed to explain, in general terms, the types and nature of risks arising from Transactions.
1.3. By placing this Disclosure in the relevant software products installed and used by the Customers, Atimex Consult LLC fulfills its obligation to the Customers regarding their proper informing about the possible risks associated with their performance of Transactions on the financial markets through software and hardware complexes (software products) provided by Atimex Consult LLC and third parties, and about possible financial losses arising from these risks.
IDENTIFICATION OF RISK AND APPROACHES TO TRANSACTIONS PERFORMANCE
2.1. By risk in this Disclosure is meant the possibility of incurring losses in the full amount of funds deposited by the Customer to perform Transactions (margin collateral), additional costs and non-receipt of planned income while the Customer is performing Transactions.
2.2. Transactions on financial markets are performed using the leverage. This means that the volume of the Transactions performed by the Customer on the financial markets may be tens or hundreds of times higher than the amount of the margin security provided by him. Thus, the leverage increases the possibility of making a profit by tens or hundreds of times for the Customer, but at the same time, in the same amount, it also increases his risks of receiving losses. When using the leverage, even a relatively small change in the price of a financial instrument (underlying asset), at which the Customer performs a Transaction, may lead to significant losses.
2.3. Performance of Transactions on financial markets allows the Customer to receive high profits, however, at the same time, carries a potentially high level of risk of losses. Therefore, first of all, it is important for the Customer to carefully work out the strategy for performing Transactions and to determine the amount of free financial resources the loss of which will not significantly affect his welfare.
It is not recommended to use borrowed funds received in the form of a loan, social benefit or pension as margin security.
2.4. Performance of Transactions on financial markets is a highly risky and speculative activity and is not suitable for all categories of Customers.
Transactions must be performed by Customers who:
TAXES3.1. Income received on financial markets may be or become subject to taxation in the future, including due to changes in the legislation of the Customer's country of residence or his personal circumstances. The Customer is solely responsible for the payment of any taxes (fees, duties) that may be charged to him in relation to the income received as a result of the Transactions performed by him. Atimex Consult LLC does not provide tax advice.LIST OF POSSIBLE RISKS. LIMITATION OF LIABILITY4.1. Market risk is the risk of losses, non-receipt of planned income due to the execution of the Customer's orders to fix the price of the underlying asset when performing Transactions at quotes that differ significantly from those indicated by the Customer. Orders submitted by the Customer in order to limit losses (Stop Loss order) or to fix a certain profit (Take Profit order) can also be executed at different quotes than those indicated in these orders.
- have sufficient knowledge about financial markets and the procedure for performing Transactions therein;
- understand and are ready to take on financial, technical, legal and other risks;
- are ready to incur financial losses when performing Transactions, taking into account their personal financial obligations, the amount of free financial resources, their usual lifestyle and other life circumstances.
Market risk is associated with large amounts of capital that are presented on the global financial markets, as well as a large number of participants, as a result of which there is a possibility of a rapid change in the price of the underlying asset which makes it impossible to execute the Customer's orders at the prices indicated by him.
Changes in the prices of underlying assets during the trading day can reach significant values, which can lead to additional financial losses for the Customer. The reasons for the high rate of change in the prices of underlying assets are various political, economic, financial events in the world, as well as changes in market conditions.
The results of your Transactions in the past are in no way related to possible results in the future and cannot guarantee the unconditional receipt of income from new transactions.
The Customer undertakes to independently enter all the necessary information for the installation and configuration of software products provided by Atimex Consult LLC, to independently determine the personal requirements for the settings of additional parameters including the amount of risk and allowable losses from Transactions. If personal requirements for the levels of risk and permissible losses from Transactions are not specified, these parameters are set at default levels according to the configuration of software products while the amount of permissible losses is recognized as 100%, which means the possibility of losing all funds contributed by the user of the MetaTrader4 trading platform to perform Transactions on the financial markets.
Atimex Consult LLC does not in any way guarantee that Customer will receive a profit when performing Transactions using the software products provided to him. All Transactions on the financial markets are performed by the Customer under his own property responsibility and the risk of losses including the complete loss of all deposited funds.4.2. Liquidity risk is the risk of losses, additional costs, non-receipt of planned income due to a situation in which opening or closing a position (in other words, buying or selling an underlying asset) within each individual Transaction will be difficult at a certain point in time.
The Customer should pay attention to the liquidity of the respective underlying assets, since in case of low liquidity the impossibility of closing positions can lead to significant losses for the Customer. Low liquidity of the underlying asset or its absence at a certain point in time can lead to spread increase. Large spread makes it difficult to execute orders sent by the Customer in order to limit losses (Stop Loss order). To avoid losses, the Customer must independently monitor the market situation and perform Transactions depending on it.
In certain cases, the broker with whom the Customer cooperates may not be able to execute the Customer's order to fix the price of the underlying asset, for example, but not only in the following cases: during the release of financial or other news; opening or closing of trading sessions; high market volatility in which prices can significantly change both upward and downward not falling into the values declared by the Customer; fast dynamics of price changes; insufficient liquidity on the market; in case of force majeure. If in such cases the broker is unable to execute the Customer's order regarding the price of the underlying asset, position size or for another reason, such order will not be executed and the Customer will independently bear the risk of incurring losses due to the impossibility of fixing the price of the underlying asset.4.3. Technical risk is the risk of losses, additional costs, non-receipt of planned income due to failure (breakdown), malfunction, disconnection (including the cases of malicious actions, hacker attacks) of communication lines and channels, the Internet, electricity, information, hardware, software, other means and systems used by the Customer when performing Transactions, as well as malfunctions (or the inability of the Customer to use one or another function of the software and hardware), arising from ignorance of the instructions, or the Customer's failure to comply with the rules for using the software technical means or rules of operation of the equipment used by the Customer to perform Transactions.
When the Customer performs transactions, Atimex Consult LLC is not responsible for possible losses of the Customer due to:
- failure or errors in the software used by the Customer;
- insufficient quality of communication on the Customer's side including low speed of the Internet connection;
- improper operation of the equipment used by the Customer;
- failure to work or untimely software update;
- the use of illegal software by the Customer in any variation;
- personal settings of software products made by the Customer;
- the Customer's ignorance of the instructions or the Customer's failure to comply with the rules for using software and hardware, or the rules for operating the equipment used by the Customer to perform Transactions.
During peak loads on the market (for example, during the release of economic news), the Customer must be aware of the potential for high loads on communication channels, and accordingly, the temporary inability to contact the broker's server with which he cooperates.
Taking into account that the software products provided by Atimex Consult LLC work with the MetaTrader4 trading platform, which is a separate software product developed and configured by the third party, Atimex Consult LLC cannot guarantee the full performance of its software products and their 100% fail-safety. In this regard, Atimex Consult LLC declares, and the Customer agrees that in the event of any software product inoperability and (or) its incorrect operation, Atimex Consult LLC will not be liable for any losses caused to the Customer by possible failures in the work of software products. At the same time, Atimex Consult LLC, with the assistance of the Customers, will collect all the information regarding the causes of failures and due to technical capabilities take measures to eliminate them and prevent them in the future.
If the broker, to whose server the MetaTrader4 trading platform is connected, changes the leverage or makes other changes in the specifications of traded financial instruments compared to those that were taken into account when setting up software products or were taken into account when the software product opened a position for financial instrument, as well as in the event of decrease in the balance (funds, margin level or other financial calculation indicator) on the MetaTrader4 user's trading account to the level set by the broker, a forced closing of a position with a negative financial result may occur, or another situation may arise leading to financial losses. Atimex Consult LLC is in no way responsible for these losses as they are caused by the actions of the third parties that are not under its control.
Atimex Consult LLC is not responsible for cases of inoperability of software products and, as a result, losses caused to the Customer or third parties if they are the result of hacker attacks, accidents (malfunctions) of computer networks, power electrical networks or telecommunication systems directly used for operation of software products and (or) the MetaTrader4 trading platform, failure of communication equipment, disconnection of the user of the MetaTrader4 trading platform from the trading server, interference or delays in transactions on financial markets via the global computer network Internet.4.4. Currency risk is the risk of losses, non-receipt of planned income due to changes in exchange rates on the international currency market, if it is necessary to convert any amounts (margin security, profit, loss, etc.) into the currency of the account created by the broker for the Customer, or into currency the Customer's bank account (when returning the margin to the Customer).4.5. Risk of loss of confidentiality is the risk of losses, additional costs, non-receipt of planned income due to unauthorized access by third parties to the Customer's confidential information and its use for their own purposes. In this case, confidential information means:
- personal information about the Customer specified in his Personal Virtual Account;
- details of the Customer's bank payment cards;
- passwords for access to the Personal Account and to the MetaTrader4 trading terminal;
- telephone password for performing Transactions in the telephone mode;
- other passwords that were generated by the broker's servers and software products and sent to the Customer.
The Customer is obliged to take comprehensive measures to protect and safeguard his confidential information.
Information sent in encrypted form via e-mail is not protected from unauthorized access by third parties. All financial losses caused by this fact are fully borne by the Customer.4.6. Communication risk is the risk of losses, additional costs, non-receipt of planned income due to untimely receipt or non-receipt by the Customer of messages from the broker, to whose servers the MetaTrader4 trading terminal is connected, or their untimely reading or non-reading.4.7. Legal risk is the risk of losses, additional costs, non-receipt of planned income due to changes in legislation, including tax legislation, the country of registration (residence) of the Customer and (or) the country of the Transactions.4.8. Socio-political risk is the risk of losses, additional costs, non-receipt of planned income due to significant changes in the political (including for reasons of a change in government/management) and the economic situation in the country, resulting in social instability and (or) economic crisis.4.9. Broker bankruptcy risk is the risk of losses, additional costs, non-receipt of planned income due to the occurrence of insolvency of the broker with which the Customer cooperates.4.10. Force majeure circumstances. Atimex Consult LLC is not responsible for non-fulfillment (improper fulfillment) of its obligations under the agreements concluded with the Customer, if this was prevented by force majeure circumstances, which are understood as any action, event or phenomenon outside the will of the party, i.e. those that the party could not foresee or the offensive of which could not prevent, including, but not limited to: strikes, riots or civil unrest, terrorist acts, wars, natural disasters, accidents, fires, floods, storms, hurricanes, ddos-attacks , power outages.FINAL PROVISIONS5.1. The purpose of this Disclosure is not to persuade the Customer to refuse to perform Transactions on the financial markets. The information set forth in the Disclosure should help the Customer to identify, analyze, assess possible risks and make informed decisions to minimize losses that may arise when performing Transactions.