⚠️Risk Statement

Last updated May 18, 2022

By visiting DXS.app (the “Company”) you (the “Customer”) are accepting all the risks described in this Risk Statement. “Company” in this statement is a reference to each entity within the DXS group of companies as defined in the Terms and Conditions.

1.1. The objectives of this Risk Statement (hereinafter referred to as the “Statement”) shall be as follows: to disclose information about the risks related to transactions on the financial markets in general and transactions with Contracts for Difference (hereinafter referred to as “CFD” or “CFDs”) in particular and give the Customer a warning of possible financial losses related to those risks. The list of risks presented in this Statement shall not be exhaustive due to the variety of possible situations arising when making such transactions. This Statement shall be for reference only and aimed at explaining in general terms the nature of the risks related to CFD trading.

1.2. The Customer shall acknowledge that CFD transactions are a speculative and risky investment; and they are suited only for those investors who:

  • understand and are ready to assume economic, legal and other risks;

  • are able to afford a risk of loss of the invested funds subject to their personal financial circumstances, financial resources and life obligations;

  • possess proficient knowledge in order to understand what CFD transactions are.

The Company shall give the Customer no recommendations or advice in regard to CFDs or investment recommendations of any kind. The Customer shall make independent decisions on the trading strategy and particular actions based on his/her own understanding of the market or on consultations received from independent consultants not affiliated with the Company. CFDs are derivative financial instruments, the price of which is derived from the prices of the underlying assets / markets to which they are tied (for example: currency, share indices, shares, metals, futures, etc.). For this reason, it is critically important that the Customer understands the risks associated with the trading of the respective underlying asset / market. Here are some of those risks:

  • volatility: movement of the price of the underlying asset / market can be irregular and unpredictable. This volatility has a direct influence on the financial results of the Customer. Understanding of market volatility allows the Customer to analyze potential profit and elucidate a trading strategy;

  • market fluctuations: sudden change of the price of the underlying asset from one level to another. Various factors can result in sudden changes (for example, economic events or market announcements). Appearance of such factors is possible when the market is open or closed. If such factors appear when the market is closed the opening price of the underlying asset after appearance of those factors can be much different from the closing price of such underlying asset. Upon that, there may be no possibility to close the open position at a favorable price. Such a situation can result in both substantial losses and substantial profit;

  • liquidity: the value of CFDs can depend on several factors, including, but not limited to, change in the demand and supply balance; government, agricultural, commercial and trade plans and strategies; national and international political and economic events; and the predominant mental approach on the respective market.

The market conditions can vary considerably within a very short period and, therefore, upon certain conditions of the market it may be possible that the Customer will not obtain the expected profit.

1.3. The Customer shall assume the risks of financial losses due to the failure, interruption, shutdown or malicious actions of third parties in regard to information, communication, electrical, electronic and other systems used to make transactions. Among other risks, the Customer shall assume the following risks of losses resulting from:

  • power cut and/or equipment shutdown on the part of the Customer or communication provider (including voice communication) of the Customer;

  • physical damage (or destruction) of the communication channels used for connection of the data provider of the Customer and cellular communication provider (operator) and the Customer’s server;

  • breakdown (unduly low quality) of transmission through the channels used by the Customer or the channels used by the communication provider or operator (including voice communication) of the Customer;

  • use of communication channels, equipment and software posing risks of a failure to receive, or ill-timed receipt, of messages (including text messages) by the Customer from the Company;

  • breakdown (unduly low quality) of transmission through the channels used by the Company, in particular, physical damage (destruction) of the communication channels by third parties.

1.4. The Customer understands that his/her transaction activity can be exposed to risks associated with the networks, including the failure of hardware, software, servers, communication lines and internet failure. Such failure can result in the fact that the Customer’s order cannot be fulfilled in accordance with his/her instructions. The Company shall not bear liability in the event of such failure.

1.5. The Customer shall understand that the internet can be subject to events which can have influence on his/her access to the Company’s Website and trading platform, including, but not limited to, breakage or failure of software, hardware malfunction, power cut or hacker attacks. The Company shall not be liable for any damage or losses resulting from such events which are out of its control or for any other losses, expenses or obligations (including, but not limited to, loss of profit) which can arise as the result of the Customer’s failure to obtain the access to the Website of the Company or delay, or refusal to send orders.

1.6. When making transactions using the trading platform the Customer shall assume the risks of financial losses which can arise due to:

  • hardware or software malfunction, failure of devices and communication of low-quality on the part of the Customer;

  • improper functioning of the Customer’s equipment.

1.7. The Customer shall acknowledge that in an abnormal market economy environment the time of processing of the Customer’s orders can be increased.

1.8. The Customer shall acknowledge that only one request or order can be in the request/order queue on the server. An attempt to send any new request or order shall be denied.

1.9. The Customer shall acknowledge that the Company’s server is the only reliable source of information about the prices of the assets. The prices of the assets on the trading platform of the Customer may not serve as a reliable source of information about the prices as in the event of unstable connection between the Customer’s trading platform and the Company’s server a portion of quotations of assets may not reach the Customer’s trading platform.

1.10. The Customer shall acknowledge that closing of the web-browser window does not revoke the order or request which has already been received by the Company for processing.

1.11. The Customer shall assume the risk of making unplanned trading transactions in the event of resending an order before the receipt of information on the result of the processing of his/her previous order.

1.12. The Customer shall assume the risk of any financial losses resulting from the fact that he/she has not received or has received with a delay any message from the Company.

1.13. The Customer shall acknowledge that unencrypted information sent by e-mail is not protected from unauthorized access.

1.14. The Customer shall be fully responsible for the safekeeping of confidential information received from the Company and assume the risk of any financial losses resulting from the unauthorized access of third parties to his/her Account. The Company shall not be liable for the unauthorized access of third parties to information, including email addresses, electronic communications, personal data, or access data, taking place in the time of its transmission between the Company and any other party using internet or other communication means, telephone or any other electronic means.

1.15. The Customer shall assume the risk of financial losses (expenses) resulting from the circumstances of insuperable force (force majeure) which are understood as any action, event or phenomenon, including, but not limited to:

  • strikes, riots and civil disturbances, acts of terrorism, wars, acts of God, accidents, fires, floods, storms, tornados, interruptions of electrical power, failures of communication, computer or electronic equipment which, in the reasonable opinion of the Company, have resulted in the destabilization of the market or the market of one or several instruments;

  • interruption, liquidation or closing of any market; or absence of any event on which the Company bases its quotations; or imposition of restrictions or special or non-standard terms and conditions of trading and making transactions on any market; or in regard to any such event.

1.16. The Customer shall assume the financial and other risks in the event that transactions (and actions related thereto) on the financial markets are prohibited or restricted by the legislation of the country of permanent residence of the Customer.

1.17. The Company shall not guarantee that CFD transaction activity of the Customer will not become a taxable item in the future. The Customer shall be fully responsible for the payment of any taxes and/or any other charges which can be accrued in regard to his/her transactions. The Company shall not give the Customer any legal, tax or other recommendations in regard to any transactions. The Customer shall ask for independent consultation if he/she has any doubt whether he/she can assume any tax obligations.

1.18. The Company shall not be liable for any actions or omissions of any third party through which the funds sent by the Customer for replenishment of the Customer’s current Account pass, or upon withdrawal of the funds from the Website.

1.19. The Company shall not consult the Customer on profitability of one or another transaction or give investment recommendations in any form, except for providing information on the current state of the financial market. Upon that, the trading signals given by the Company to the Customer within the framework of the concluded Agreement shall not be an offer or serve as a direct recommendation to the Customer to make trading transactions and (or) deals; and they shall not be considered to be unbiased and reliable information for which the Company bears liability to the Customer and third parties; and they shall not be professional consultations. The Customer shall perform transactions and make respective decisions independently and at his/her own peril based on his/her own judgment. By sending to the Company an order to make a transaction the Customer shall confirm that he/she is fully responsible for his/her own independent assessment and study of the transaction risks. The Customer shall confirm that he/she possesses sufficient knowledge of the market, and obtains, where necessary, professional consultations and has necessary experience so that he/she can perform his/her own assessment of the benefits and risks of any transaction. In view of the aforesaid, the Company shall recommend to the Customer to consider thoroughly whether the risks arising from making transactions are acceptable, taking into account the objectives and financial possibilities of the Customer. This Statement shall not be aimed at causing the Customer to refuse to make (CFD) transactions, but serve to help the Customer to assess the risks related to such transactions and be scrupulous about solving a problem of strategy selection within the framework of the performance of the Agreement concluded with the Company.

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