Terms and Conditions

These General Terms and Conditions (GTC) apply to all contracts, services and offers of QPlexus Capital SIA (“Provider”) vis-à-vis its customers (“Client”). Deviating terms of the Client shall only become effective if the Provider expressly agrees to them in writing. Latvian law shall apply, in particular the Latvian Civil Law (Civillikums) and the Consumer Rights Protection Law (Patērētāju tiesību aizsardzības likums).

The Provider provides IT and technology services, in particular the provision of software, dashboards, trading interfaces, white-label solutions, programming (MT4/MT5, cTrader, NinjaTrader, ATAS), SaaS platforms, app and web development, and design services. The specific scope of services is set out in the respective individual contract or offer.

The Provider does not provide any financial services requiring authorization within the meaning of the Latvian Financial Instrument Market Law (Finanšu instrumentu tirgus likums) or MiFID II (Directive 2014/65/EU) and is not subject to licensing by the Latvian financial supervisory authority (Latvijas Banka, formerly FKTK). Nor is the Provider subject to supervision by the German BaFin, and it does not require authorization under the German Banking Act (KWG) or the German Investment Firm Act (WpIG). Expressly, no investment, legal or tax advice is provided.

Offers made by the Provider are non-binding. A contract is concluded as soon as the Provider confirms an order in writing or by e-mail, or commences performance of the services (Art. 1427 et seq. Civillikums). For distance contracts with consumers, the information and withdrawal rights under Latvian consumer protection law and the EU Consumer Rights Directive (Directive 2011/83/EU) apply.

The prices stated in the offer apply, in EUR plus statutory value added tax (PVN) under the Latvian Value Added Tax Law (Pievienotās vērtības nodokļa likums); for B2B services within the EU, the reverse charge procedure may apply. Unless otherwise agreed, invoices are due without deduction within 14 days of receipt. In the event of default in payment, the statutory default interest under Latvian law shall apply.

The Client shall provide in good time all information, access credentials and materials required for the performance of the services and shall designate a binding contact person. Delays resulting from late cooperation shall not be borne by the Provider.

Upon full payment, the Client receives a simple, non-exclusive right to use the work results created in accordance with the contract, to the agreed extent, pursuant to the Latvian Copyright Law (Autortiesību likums). Rights to pre-existing components, frameworks and libraries remain with the Provider or the respective rights holders.

The Provider performs its services with the care customary in the industry in accordance with the provisions of the Civillikums on contracts for work and services. In the event of defects, the Provider has the right to subsequent performance within a reasonable period. Expressly, no guarantee of success or performance is given for trading strategies, AI bots, signals or market results. Guarantees are only granted if they are expressly designated in writing as a “guarantee”. Statutory consumer rights remain unaffected.

The Provider shall be liable without limitation for intent and gross negligence, as well as under mandatory statutory provisions, in particular in the event of injury to life, body or health and under Latvian product liability law (implementing Directive 85/374/EEC). Otherwise, liability is limited to the damage foreseeable and typical for the contract and, in amount, to the fees paid under the affected contractual relationship during the last twelve months (Art. 1770 et seq., 1779 Civillikums).

All trading tools, AI bots, Expert Advisors, copy trading functions and analysis dashboards are technical aids. The Provider assumes no liability for trading losses, market movements, slippage, spreads, execution delays, faulty order routing or failures of the connected broker. No investment, asset management or tax advice is provided (Finanšu instrumentu tirgus likums; MiFID II Art. 4(1)(4)). Historical performance is not an indicator of future results.

AI-based functions deliver probabilistic, non-deterministic results. The Provider gives no warranty for the accuracy, completeness, timeliness or fitness for a particular purpose of AI outputs. Users are obliged to review AI results on their own responsibility. Where applicable, the requirements of the EU Artificial Intelligence Act (Regulation (EU) 2024/1689, “AI Act”) apply as implemented in Latvia.

Market data, chart data, price feeds and liquidity information are obtained from third-party providers and provided “as is”. The Provider is not liable for delays, interruptions, gaps, incorrect values, failures of the data sources or any resulting damage. The terms of use of the respective data suppliers apply. Any disclosure or commercial exploitation is only permitted with their consent (Autortiesību likums; database protection under Directive 96/9/EC).

The Provider endeavors to ensure the highest possible availability of its systems but does not owe uninterrupted accessibility. Liability for outages caused by force majeure (nepārvarama vara), cyberattacks, DDoS, power outages, internet disruptions, or broker or cloud provider outages is excluded (Art. 1773 Civillikums).

All systems, tools, strategies and data are expressly provided for use on the user’s own responsibility (“use at your own risk”). The user bears the sole risk arising from trading, investment and configuration decisions. To the extent permissible under Latvian law, liability for indirect damage, consequential damage, lost profits, and loss of data or reputation is excluded.

Trading in financial instruments, derivatives, CFDs, futures, FX and crypto-assets involves considerable risks, up to and including total loss. Leveraged products can cause losses exceeding the capital invested. Historical performance is not an indicator of future results. EU-wide requirements apply, in particular ESMA product intervention measures (Art. 40 MiFIR) and MiCAR (Regulation (EU) 2023/1114), in each case as applied in Latvia.

Both parties undertake to keep confidential information secret. Personal data is processed in accordance with the GDPR (DSGVO, Regulation (EU) 2016/679) and the Latvian Personal Data Processing Law (Fizisko personu datu apstrādes likums) and, where applicable, a data processing agreement pursuant to Art. 28 GDPR. The competent supervisory authority is the Latvian Data State Inspectorate (Datu valsts inspekcija).

All trademarks, logos, texts, designs, source code and data models are protected by the Latvian Copyright Law (Autortiesību likums), the Trademark Law (Preču zīmju likums) and EU and international intellectual property rights (EUIPO). Any use beyond the rights granted is prohibited.

The term and notice periods are set out in the respective individual contract. The right to extraordinary termination for good cause under the provisions of the Civillikums remains unaffected.

The user undertakes to comply with applicable export control and sanctions law requirements (EU Dual-Use Regulation (EU) 2021/821, EU sanctions regimes and the Latvian Sanctions Law: Starptautisko un Latvijas Republikas nacionālo sankciju likums). Use in sanctioned jurisdictions is prohibited.

Latvian law shall apply exclusively, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG). To the extent legally permissible, the exclusive place of jurisdiction is the Provider’s registered office in Latvia; mandatory consumer protection rights and places of jurisdiction at the consumer’s domicile under Regulation (EU) 1215/2012 remain unaffected. Consumers may also contact the Latvian Consumer Rights Protection Centre (Patērētāju tiesību aizsardzības centrs) and the EU Online Dispute Resolution platform. The contract language is German; in dealings with authorities, the Latvian language is authoritative. Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected (severability clause).

Note: These GTC are a standard draft under Latvian law and do not replace an individual legal review. Please have them reviewed by a lawyer before publication.