Alpha Trader — Terms and Conditions of Use

1. WHO WE ARE AND WHAT THESE TERMS COVER

Alpha Trader is a trading platform software application provided by Citix Technologies Limited ("Citix", "we", "us", "our"), a company registered in England and Wales under company number 15152479, whose registered office is at 1 Allied Business Centre, Coldharbour Lane, Harpenden, England, AL5 4UT. Citix Technologies Limited is a group company of Alpha Futures Limited and Alpha Capital Group.

These Terms and Conditions (the "Terms") form a legally binding agreement between you and Citix governing your access to and use of the Alpha Trader software, including any desktop, web or mobile application, associated documentation, and any updates or new versions we make available (together, the "Platform").

Please read sections 3 and 5 carefully. Section 3 explains the limited nature of what we provide and, importantly, what we do not provide. Section 5 explains that your use of the Platform depends on a separate agreement you must enter into with our connectivity provider.

By accessing or using the Platform, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not access or use the Platform.

2. DEFINITIONS

"Approved Vendor" or "Vendor" means a broker, futures commission merchant, proprietary trading firm, introducing broker or other firm that has entered into an agreement with Citix permitting it to issue and administer Alpha Trader access for its own clients or participants, and which holds an active relationship with a clearing or broker firm utilising the PFT System. Alpha Futures Limited is an Approved Vendor.

"Clearing Firm" means the futures commission merchant, clearing broker or equivalent entity through which your Vendor's trading accounts are carried and through which orders are ultimately executed and cleared.

"Market Data" means any price, quote, trade, index, volume, depth-of-book, settlement, reference or other data or information relating to any exchange, market or instrument that is made available to you through the Platform.

"Market Data Provider" means any exchange, market, data vendor or intermediary that supplies Market Data for distribution through the Platform, including CME Group and its exchanges.

"PFT" means Plus500US Futures Technologies, LLC, an Illinois limited liability company, and its affiliates within the Plus500 group.

"PFT System" or "System" means the trading, order routing and market data system operated and hosted by PFT — including the T4 platform, its application programming interfaces, its websites and its downloadable components — to which the Platform connects by means of adapters developed by Citix.

"PFT End-User Agreement" means the end-user agreement published by PFT at https://futures-technologies.plus500.com and https://www.t4login.com, as amended by PFT from time to time.

"Trading Account" means the account held with, or administered by, your Vendor or its Clearing Firm to which your Platform access is linked.

"you" means the individual or entity accessing the Platform under credentials issued through an Approved Vendor.

3. WHAT ALPHA TRADER IS — AND WHAT IT IS NOT

3.1 What we provide

Alpha Trader is software. We provide a technology interface that allows you to view Market Data, conduct charting and analysis, and enter order instructions which the Platform transmits onward, via the PFT System, for routing and execution by your Clearing Firm and the relevant exchange.

3.2 What we are not

You acknowledge and agree that Citix:

(a) is not a broker, dealer, futures commission merchant, introducing broker or investment firm, and does not execute, clear, settle or guarantee any transaction;

(b) is not a proprietary trading firm and does not offer, sponsor, fund or evaluate any trading programme, challenge, evaluation or funded account;

(c) does not hold, receive, control or have access to your money, margin, collateral or positions, and is not a custodian of any client assets;

(d) is not a counterparty to any trade you enter and has no proprietary interest in the outcome of your trading;

(e) does not provide investment, financial, tax, legal or trading advice, and nothing made available through the Platform — including data, charts, indicators, analytics, alerts, defaults or educational material — constitutes a recommendation, solicitation or advice to enter into any transaction, or any representation that a transaction is suitable or appropriate for you;

(f) has no responsibility for the terms of your Trading Account, including its funding, margin requirements, leverage, permissible instruments, profit share, fees, risk limits, payout arrangements or closure. Those matters are governed solely by your agreement with your Vendor.

3.3 Regulatory status

Citix provides software and connectivity services only. [Citix is not authorised or regulated by the Financial Conduct Authority, and the provision of the Platform does not constitute a regulated activity.] Your Vendor and its Clearing Firm are responsible for their own regulatory status and obligations, and you should direct any questions about regulatory protections, complaints schemes or compensation arrangements to them.

[DRAFTING NOTE — confirm with counsel before publishing. Whether transmitting orders amounts to "arranging deals in investments" or "making arrangements with a view to transactions" under the Regulated Activities Order depends on the precise mechanics and on whether an exclusion applies. This clause should be verified rather than assumed.]

4. ELIGIBILITY AND HOW ACCESS IS GRANTED

4.1 Access is only available through an Approved Vendor

You cannot register for the Platform directly. We do not accept sign-ups at alphatrader.com or through any other channel. Platform credentials are issued only by an Approved Vendor in connection with a Trading Account that you hold with, or through, that Vendor, and which is carried by a clearing or broker firm that utilises the PFT System.

Any person purporting to offer Alpha Trader access outside this route is not authorised to do so, and we accept no responsibility for access obtained in that way.

4.2 Your relationship with your Vendor

Your right to use the Platform is derived from, and dependent upon, your relationship with your Vendor. If that relationship ends, is suspended, or ceases to include Platform access for any reason, your right to use the Platform ends or is suspended at the same time, automatically and without notice from us.

Your Vendor may instruct us to suspend, restrict, reset or terminate your access at any time, for any reason, and we will act on such instructions without independently reviewing or questioning them. Any dispute about such an instruction is a matter between you and your Vendor.

4.3 Eligibility requirements

To use the Platform you must:

(a) be at least 18 years of age and have legal capacity to enter into a binding contract;

(b) hold valid credentials issued by an Approved Vendor;

(c) hold an active account with a clearing or broker firm that utilises the PFT System;

(d) have accepted the PFT End-User Agreement in accordance with section 5;

(e) not be resident in, or accessing the Platform from, any jurisdiction where such use would be unlawful, and not be a person subject to sanctions administered by the UK, EU, US or United Nations;

(f) have satisfied any identity verification, suitability or onboarding requirements imposed by your Vendor.

4.4 Sub-accounts and entity users

Where credentials are issued to a business entity, the entity is responsible for all use of those credentials by its personnel, and warrants that each individual user is authorised, has separately accepted the PFT End-User Agreement, and will comply with these Terms.

5. THE PFT SYSTEM AND THE REQUIRED END-USER AGREEMENT

5.1 The Platform connects to a third-party system

Market Data delivery and order routing are not performed by Citix. They are performed by the PFT System, operated by Plus500US Futures Technologies, LLC. The Platform connects to the PFT System by means of adapters developed by Citix under licence from PFT.

5.2 You must accept the PFT End-User Agreement

You must read and affirmatively accept the PFT End-User Agreement before you can use the Platform. This is a separate, direct agreement between you and PFT.

Acceptance is captured in the Alpha Trader portal and transmitted to PFT. You may be able to log in to the portal before accepting, but no Platform functionality and no Market Data will be available to you until all required agreements have been accepted, and no connection to the PFT System will be established before that point.

We record each acceptance, including the date, time, IP address, user name and the version of the agreement accepted. You may download a copy of the PFT End-User Agreement at any time from [INSERT LOCATION], and it is also available at https://futures-technologies.plus500.com and https://www.t4login.com.

Where PFT amends the PFT End-User Agreement, you may be required to review and accept the amended version before further access is permitted.

5.3 Both agreements apply

These Terms govern your use of the Alpha Trader software. The PFT End-User Agreement governs your use of the PFT System. Both apply to you concurrently. PFT may amend the PFT End-User Agreement from time to time, and may require renewed acceptance.

5.4 PFT's position

You acknowledge that, as set out more fully in the PFT End-User Agreement, PFT:

(a) is not a principal to, and does not guarantee the performance of, any transaction entered via the System;

(b) owes no fiduciary or equitable duty to you;

(c) does not recommend any transaction, and nothing posted to or displayed by the System constitutes a recommendation or a representation of suitability;

(d) is not responsible for transmission errors, corruption or compromise of data carried over telecommunications carriers;

(e) has sole discretion and control over the System's functionality, configuration and content — including the parameters and protocols by which orders are placed, routed, matched or processed — and over the System's availability at any particular time or place;

(f) may temporarily suspend access to all or part of the System where reasonably necessary because of a System problem or to install an update or modification.

5.5 Restrictions imposed by PFT

PFT and its embedded third-party software vendors may impose restrictions on use of the System from time to time. Where we are notified of such restrictions, we are contractually obliged to give effect to them, and we may amend these Terms, restrict Platform functionality, or suspend access accordingly — in some cases at short notice. We will give you as much notice as is reasonably practicable in the circumstances.

5.6 Reporting faults

You must report to us any errors or irregularities you encounter in Platform connectivity or performance, at [INSERT SUPPORT EMAIL], and provide such information as we reasonably request so that the issue can be investigated and, where it concerns the System, escalated to PFT.

6. LICENCE

6.1 Grant

Subject to your continued compliance with these Terms and the PFT End-User Agreement, and to your Vendor relationship remaining in good standing, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform for the sole purpose of viewing Market Data and entering order instructions in connection with your Trading Account.

6.2 Reservation of rights

No rights are granted other than those expressly set out. The Platform is licensed, not sold. All rights not expressly granted are reserved to Citix and its licensors.

7. RESTRICTIONS ON USE

These restrictions apply to both the Platform and the PFT System. You must not, and must not permit or assist any third party to:

(a) copy, alter, modify, adapt, translate, or create derivative works of the Platform or the System, or any part of either;

(b) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, structure, algorithms or underlying ideas of the Platform or the System, except to the extent such restriction is prohibited by applicable law;

(c) sublicense, distribute, sell, assign, transfer, lease, rent, disclose, host as a service, or otherwise provide access to the Platform or the System to any third party;

(d) share, transfer or disclose your credentials, or permit any other person to access the Platform or the System using your credentials;

(e) access the Platform or the System by any automated means, or connect any bot, script, scraper, API client, bridge, copy-trading tool, third-party add-on or automated trading system, except where expressly authorised in writing by us and permitted by your Vendor;

(f) circumvent, disable or interfere with any security, authentication, rate-limiting, entitlement or access-control feature;

(g) extract, store, redistribute, republish, resell or commercially exploit any Market Data (see section 9);

(h) use the Platform or the System to develop, train, benchmark or improve any competing product or service;

(i) remove, obscure or alter any proprietary notice, symbol, legend, trade mark or copyright notice appearing in or on the Platform or the System;

(j) transmit any malware, or take any action that imposes an unreasonable or disproportionate load on our infrastructure or that of PFT, any Market Data Provider, Vendor or Clearing Firm;

(k) use the Platform or the System for any unauthorised or unlawful purpose, or in any manner that could constitute market manipulation, spoofing, layering, wash trading, quote stuffing, front-running or any other abusive or disruptive trading practice, or that would breach the rules of any exchange, regulatory authority or self-regulatory organisation.

You must comply with all applicable laws, statutes, regulations, rules, guidance, codes and ordinances, and with all conditions or restrictions laid down from time to time by any statute, court order, telecommunications provider or regulatory authority in connection with access to, use, storage and transmission of the Platform or the System.

8. CREDENTIALS, SECURITY AND YOUR RESPONSIBILITIES

8.1 Safeguarding access

You are responsible for keeping your credentials confidential and for all activity conducted under them, whether or not authorised by you. You must notify your Vendor and us immediately at [INSERT SUPPORT EMAIL] if you suspect any unauthorised access.

8.2 Your equipment and connectivity

You are responsible for providing and maintaining the hardware, software, operating system, internet connectivity and power supply required to access the Platform, and for the security of your own devices and networks. Neither we nor PFT control the flow of data across the internet, and neither of us can guarantee that your connection will be free from impairment or disruption. Trading platforms are sensitive to connection quality and latency; you should not rely on the Platform as your sole means of managing open positions.

8.3 Contingency arrangements

You must maintain alternative means of managing your positions — such as telephone access to your Vendor's or Clearing Firm's trading desk — in the event the Platform or the System is unavailable. You agree that it is your responsibility to know and be able to use those arrangements, and to do so promptly where necessary.

9. MARKET DATA

9.1 Source and ownership

Market Data is provided by third-party Market Data Providers, including exchanges within CME Group, and is delivered to the Platform via the PFT System. Market Data remains the property of the originating exchange or provider. You obtain no ownership interest in it.

9.2 Licensed use only

Market Data is made available to you for your own internal use only, in connection with your Trading Account. You must not redistribute, retransmit, republish, store for redistribution, display publicly, feed into any third-party system, or otherwise make Market Data available to any other person, in any form, whether or not for a fee.

9.3 Exchange terms

Your entitlement to receive Market Data is subject to the terms imposed by the relevant exchange, which are set out in and administered through the PFT End-User Agreement and any accompanying exchange market data agreement you are required to complete. Those terms bind you directly and prevail over this section 9 to the extent of any inconsistency.

9.4 Subscriber classification

Exchanges distinguish between "professional" and "non-professional" subscribers and charge different fees accordingly. You must:

(a) accurately declare your subscriber status when requested;

(b) notify your Vendor immediately if your circumstances change such that your classification changes;

(c) accept that any misdeclaration may result in retrospective fee liability assessed by the exchange, for which you — not Citix — are responsible, and may result in immediate termination of your data entitlements.

9.5 Exchange rights

Each exchange or Market Data Provider is a third-party beneficiary of this section 9 and may enforce it directly against you. Exchanges may suspend, restrict, modify or terminate the availability of their data at any time, may change their fees and terms, and may require audit of your usage. We will give effect to any such requirement, and we are not liable to you for doing so.

9.6 No warranty as to data

Market Data is provided "as is". Neither Citix, nor PFT, nor any Market Data Provider warrants the accuracy, completeness, timeliness, sequence or continuity of any Market Data, or that it will be uninterrupted or error-free. Data may be delayed, incomplete, corrected retrospectively, or subject to exchange adjustment or cancellation. You must not rely on Market Data displayed in the Platform as the definitive record — the records of the exchange and your Clearing Firm prevail.

10. ORDERS AND TRANSMISSION

10.1 We transmit, we do not execute or route

Where you enter an order instruction through the Platform, the Platform transmits that instruction to the PFT System, which routes it onward for execution and clearing. We do not execute, accept, fill, price, route, match, clear or settle orders. Routing parameters and protocols are controlled by PFT. Execution and clearing are performed by the Clearing Firm and the relevant exchange, and are governed by their rules and by your agreement with your Vendor.

10.2 No guarantee of transmission

Neither we nor PFT warrant that any order instruction will be transmitted, received, acknowledged, executed, modified or cancelled successfully, within any particular time, or at all. Orders may fail, be delayed, be duplicated or be rejected for reasons including network conditions, exchange, System or Clearing Firm conditions, risk controls applied by your Vendor or Clearing Firm, margin or entitlement restrictions, or scheduled and unscheduled outages.

10.3 Your instructions are final

You are responsible for the accuracy of every instruction you enter, including instrument, direction, quantity, price and order type. Once transmitted, an instruction may not be capable of being recalled. A request to cancel or amend is not effective unless and until confirmed by the Clearing Firm or exchange.

10.4 Risk controls

Your Vendor or Clearing Firm may apply pre-trade risk controls, position limits, loss limits, permitted-instrument restrictions or automatic liquidation logic which may prevent, modify or close out your activity. These are set by them, not by us. We implement such controls as instructed and are not responsible for their design, calibration or operation.

10.5 Displayed information

Account balances, positions, profit and loss, margin figures and order status shown in the Platform are indicative and provided for convenience. The records of your Clearing Firm and Vendor are definitive. Where the Platform and those records differ, those records prevail.

11. AVAILABILITY, MAINTENANCE AND CHANGES

11.1 No uptime guarantee

We aim to make the Platform available but do not guarantee that it will be available, uninterrupted, timely, secure or error-free. Access may be interrupted by maintenance, upgrades, defects, third-party failures including failures or suspension of the PFT System, connectivity problems, or events beyond our control.

11.2 Maintenance

We may carry out scheduled maintenance, ordinarily outside primary trading hours, and will endeavour to give reasonable notice through the Platform or via your Vendor. We may also carry out emergency maintenance without notice. PFT may separately suspend the System as described in section 5.4(f).

11.3 Changes to the Platform

We may modify, add to, or discontinue any feature, instrument, data feed, integration or function of the Platform at any time. PFT may change its technical specifications, and may make upgrades that replace prior versions of the System; where this requires you to update, reconfigure or migrate, we will notify you as far in advance as is reasonably practicable. We may cease supporting particular operating systems, devices or Platform versions, and continued use may require you to install the current version.

12. FEES

You pay Citix nothing directly for Platform access. Our commercial arrangements are with your Approved Vendor and with PFT under separate agreements, the terms of which are confidential.

Your Vendor may charge you for platform access, market data, exchange fees, routing or other services as part of its own arrangements with you. Any such charges are set by, disclosed by and payable to your Vendor, not us. Exchange market data fees, where applicable to you, are determined by the relevant exchange. We have no role in setting, collecting, refunding or disputing any amount you pay your Vendor.

13. INTELLECTUAL PROPERTY

13.1 Our property

The Platform, and all software, source code, interfaces, designs, layouts, text, graphics, logos, trade marks, documentation and other content within it, are owned by Citix or its licensors and are protected by copyright, trade mark, database and other intellectual property rights.

"Alpha Trader", "Citix" and associated logos are trade marks of Citix or its group companies. You may not use them without our prior written consent.

13.2 PFT's property

The PFT System, the T4 platform, PFT's websites and all associated software, content, documentation, modifications and intellectual property rights are and remain owned by PFT or its licensors. Nothing in these Terms transfers any interest in them to you.

13.3 Feedback

Any feedback, suggestions or recommendations you provide about the Platform or the System may be used freely by us and, where it concerns the System, by PFT — without restriction, attribution or compensation, on a perpetual, irrevocable, royalty-free basis.

14. RISK WARNING

Trading futures, options and other leveraged instruments carries a high level of risk and is not suitable for everyone. You may lose more than your initial deposit. Leverage magnifies both gains and losses. Past performance, simulated results and backtested strategies are not reliable indicators of future results.

Simulated or demo environments do not reflect real market conditions, and results achieved in simulation do not indicate that comparable results would be achieved in live trading. Simulated environments do not involve actual execution and are not subject to real liquidity, slippage or fill behaviour.

You trade entirely at your own risk and on your own judgement. You should not trade with money you cannot afford to lose, and you should seek independent advice if you are in any doubt.

15. DISCLAIMERS

To the fullest extent permitted by law, the Platform, the System and all Market Data, analytics, indicators, tools and content within them are provided "as is" and "as available", and we exclude all warranties, conditions, representations and terms whether express, implied or statutory, including any implied terms as to satisfactory quality, merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or that the Platform will meet your requirements or operate without interruption or error.

We make no representation or warranty that use of the Platform will result in profit, avoid loss, or produce any particular trading outcome.

16. LIMITATION OF LIABILITY

16.1 Liability we do not exclude

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

16.2 Consumers

If you are a consumer, you have statutory rights that these Terms do not affect, and nothing here excludes or limits our liability in a way that would be unlawful under the Consumer Rights Act 2015 or other applicable consumer protection legislation.

16.3 Losses we are not liable for

Subject to sections 16.1 and 16.2, and to the fullest extent permitted by law, we are not liable for:

(a) any trading loss, lost profit, lost opportunity, loss of goodwill, work stoppage or loss of anticipated savings, however arising, including where caused by delayed, inaccurate or unavailable Market Data, failed or delayed order transmission, or unavailability of the Platform or the System;

(b) any act, omission, insolvency, default, failure, suspension or decision of PFT, any Vendor, Clearing Firm, exchange, Market Data Provider, telecommunications carrier, connectivity provider or other third party;

(c) the terms, administration, funding, evaluation, payout, suspension or closure of your Trading Account;

(d) any loss arising from your failure to maintain contingency arrangements under section 8.3, or from your own error in entering an instruction;

(e) any loss arising from unauthorised use of your credentials where you have not safeguarded them;

(f) any indirect, special, incidental, consequential or punitive loss.

16.4 Cap

Subject to sections 16.1 and 16.2, our total aggregate liability to you arising out of or in connection with these Terms and your use of the Platform, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed [£ INSERT AMOUNT].

[DRAFTING NOTE. Because end users pay Citix nothing, there is no fee-based cap to anchor to, and a nominal cap may be challenged as unreasonable under the Unfair Contract Terms Act 1977 or, for consumers, as an unfair term. Discuss the figure and its justification with counsel; this needs to be defensible, not merely low.]

16.5 Claims against PFT

Your rights and remedies against PFT are governed by the PFT End-User Agreement. You agree that Citix has no liability for any act or omission of PFT, and that any claim in respect of the System lies against PFT under that agreement and not against us.

17. INDEMNITY

If you are not a consumer, you agree to defend, indemnify and hold harmless Citix, PFT, their respective group companies, officers, employees and agents against all claims, suits, proceedings, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly out of your unlawful or unauthorised use of the Platform or the System, your breach of these Terms or the PFT End-User Agreement, your misuse of Market Data, your misdeclaration of subscriber status, or your breach of any exchange rule or applicable law.

18. SUSPENSION AND TERMINATION

18.1 By us

We may suspend or terminate your access immediately and without notice where:

(a) your Vendor instructs us to do so, or your Vendor relationship ends or is suspended;

(b) we reasonably suspect a breach of these Terms or the PFT End-User Agreement, unauthorised access, or fraudulent, abusive or unlawful activity;

(c) required by PFT, an exchange, Market Data Provider, regulator or court;

(d) necessary to protect the integrity, security or stability of the Platform or the System;

(e) our agreement with your Vendor, or our agreement with PFT, terminates or expires.

18.2 By you

You may stop using the Platform at any time. Ending your use of the Platform does not end your obligations to your Vendor or to PFT.

18.3 Effect

On termination, your licence ends immediately and you must cease all use of the Platform and the System and delete or destroy any copies of Platform software in your possession.

Sections 7 (Restrictions), 9 (Market Data), 13 (Intellectual Property), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnity), 18.3, 22 (Governing Law) and any other provision intended to survive shall continue in force.

Termination does not affect any open positions in your Trading Account, which remain subject to your arrangements with your Vendor and Clearing Firm. You should contact your Vendor immediately regarding any open positions.

19. DATA PROTECTION

We process personal information in accordance with our Privacy Policy, available at [INSERT URL], which forms part of these Terms. Citix is the controller of personal data processed through the Platform. PFT processes certain personal data on our behalf as a processor in order to operate the System, under a data processing addendum between us. Your Vendor also processes your personal information under its own privacy notice and is a separate controller in respect of the Trading Account relationship.

Because the PFT System is operated from the United States, your personal data and trading activity will be transferred to and processed in the United States. Appropriate transfer safeguards are in place, as described in our Privacy Policy.

We may record and retain communications, order instructions, system logs, acceptance records and Platform activity for security, compliance, dispute resolution and regulatory purposes, and may disclose these to your Vendor, its Clearing Firm, PFT, an exchange or a regulator where properly required.

20. THIRD-PARTY SERVICES

The Platform may integrate with or link to third-party services, data feeds, tools or content. We do not control these and are not responsible for their availability, accuracy, content, security or terms. Your use of any third-party service may be subject to that provider's own terms.

21. GENERAL

21.1 Changes to these Terms. We may amend these Terms from time to time, including where required to reflect changes imposed by PFT, an exchange or a regulator. The current version will always be available at [INSERT URL], indicated by an updated version number and date. Where changes are material we will endeavour to give notice through the Platform or via your Vendor. Continued use after changes take effect constitutes acceptance. If you do not accept the amended Terms, you must stop using the Platform.

21.2 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including exchange, System or clearing house failure, telecommunications or internet failure, power failure, cyber attack, act of government, natural disaster, war, terrorism, epidemic or industrial action.

21.3 Assignment. You may not assign or transfer any rights under these Terms. We may assign or transfer our rights and obligations to any group company or to a successor in connection with a merger, reorganisation or sale of assets.

21.4 Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to render it enforceable without losing its intent, or severed, and the remaining provisions shall continue in full force.

21.5 No waiver. Failure or delay in enforcing any provision is not a waiver of it.

21.6 Third-party rights. PFT, each exchange and each Market Data Provider, and our group companies, officers, employees and agents, may enforce those provisions of these Terms expressed to be for their benefit — in particular sections 5, 7, 9, 13.2, 15, 16 and 17 — under the Contracts (Rights of Third Parties) Act 1999. Save as set out above, a person who is not a party to these Terms has no right to enforce any of its terms. We and you may vary or rescind these Terms without the consent of any such third party.

21.7 Entire agreement. These Terms, together with the Privacy Policy and the PFT End-User Agreement, constitute the entire agreement between you and us in relation to the Platform, and supersede any prior understanding. This does not limit liability for fraudulent misrepresentation.

21.8 Relationship with other terms. These Terms govern your use of the Platform software. Your agreement with your Vendor governs your Trading Account. The PFT End-User Agreement governs your use of the System. Where they address different subject matter, all apply. In the event of direct conflict as to the Platform software, these Terms prevail as between you and Citix; in the event of direct conflict as to the System, the PFT End-User Agreement prevails.

22. COMPLAINTS, GOVERNING LAW AND JURISDICTION

22.1 Complaints. Complaints about your Trading Account, its funding, execution, payouts or fees should be directed to your Vendor. Complaints about the Platform software itself may be sent to [INSERT SUPPORT EMAIL] and we will endeavour to acknowledge within [INSERT PERIOD].

22.2 Governing law. These Terms and any dispute arising out of or in connection with them or their subject matter are governed by and construed in accordance with the laws of England and Wales. This does not affect the governing law of the PFT End-User Agreement, which is a separate agreement between you and PFT.

22.3 Jurisdiction. The courts of England and Wales have exclusive jurisdiction to settle any dispute under these Terms. If you are a consumer resident in another jurisdiction, you may also have the right to bring proceedings in the courts of your country of residence, and you benefit from any mandatory protections of the law of that country.

23. CONTACT

Citix Technologies Limited 1 Allied Business Centre Coldharbour Lane Harpenden England AL5 4UT