Disclaimer

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ARTICLE 1. | DEFINITIONS

In these general terms and conditions the following terms, always capitalised, are used in the following sense.

Growth One: the private Freezone Company with limited liability Growth One, the user of these general terms and conditions, with its registered office at DDP, Building A1 in Dubai Silicon Oasis, Dubai, United Arab Emirates, registered in the Trade Register under DSO-FZCO-29927. Premises number: 31920.
Client: any natural or legal person with whom Growth One has concluded or intends to conclude an agreement.
Consumer: a customer, natural person, not acting in the exercise of a profession or business.
Parties: Growth One and the client jointly.
Agreement: any agreement between the Parties under which Growth One has undertaken towards the Client to provide software for automated trading on the foreign exchange market and/or the provision of the Growth Estate or Growth Legal service.
Written: communication in writing, communication by e-mail or any other means of communication that can be equated with this in view of the state of the art and generally accepted views.

ARTICLE 2. | GENERAL PROVISIONS

These general terms and conditions apply to every offer by Growth One to enter into an Agreement, every Agreement as such and all resulting legal relationships between Parties.
The applicability of any general terms and conditions of the Client is expressly rejected.
The provisions of these general terms and conditions may only be deviated from explicitly in writing, such as by means of the order agreement signed by the Parties. If and insofar as that which the Parties have expressly agreed in Writing deviates from that which is stipulated in these general terms and conditions, that which the Parties have expressly agreed in Writing shall apply. Client: The Client with whom the Contractor has entered into an agreement for a product, as well as to whom the Contractor has issued an agreement, quotation or offer.
Destruction or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such shall not affect the validity of the remaining clauses. In such a case, the Parties are obliged to enter into mutual consultation in order to reach a replacement arrangement with regard to the affected clause. The purpose and meaning of the original provision will be taken into account as much as possible.

Parties: Growth One and the client jointly.

Product: All products or services offered by the contractor in the form of a quotation, agreement or offer to the client under the name of Growth One.

ARTICLE 3. | OFFER AND FORMATION OF THE AGREEMENT

Any offer from Growth One to enter into an Agreement (including the assignment agreements offered by it for signature) is without obligation and aimed at persons and companies worldwide, with the express exception of the United States and all associated jurisdictions. Growth One can still revoke its offer until immediately, at least as soon as possible after its acceptance by the Client.
The client or person concluding the agreement on behalf of the client must be at least 18 years of age.
Without prejudice to the provisions of paragraph 1, every agreement is concluded at the moment that the offer of Growth One is accepted by the customer in the manner indicated by Growth One.

ARTICLE 4. | CANCELLATION OF THE AGREEMENT

Each Agreement shall, without prejudice to the cancellation options referred to in this Dislaimer, be binding after its conclusion. In the event of cancellation of the Agreement by the Customer, the Customer shall continue to owe any related payment obligations in full.

ARTICLE 5. | OBLIGATIONS OF THE CUSTOMER IN GENERAL

The customer must provide Growth One with all information which is reasonably relevant to the design and implementation of the agreement, including as provided for in these general terms and conditions, in a timely manner, in full and in any manner designated by Growth One for that purpose. The Client guarantees the accuracy of all information provided by it to Growth One. Growth One is never liable for damage caused by the fact that it relied on incorrect or incomplete information provided by the client.

ARTICLE 6. | GROWTH ONE

As part of the Growth One, trades on the foreign exchange market are managed and monitored using software made available by Growth One. As part of the Growth One, the Customer must have an account with an external broker. Under the Client's account with the broker, the Client should create an MT5 account. The Client should instruct the broker to be linked to Growth One's PAMM.
The Client must keep its login details for access to its broker account confidential. Growth One does not ask for these login details; Growth One only asks the client to have its MT5 account linked to Growth One's PAMM at the external broker.
The provision to the client of its (MT5) account with the broker takes place under the conditions applied by the broker. Growth One is not a party to these undertakings and does not accept any liability.

In these general terms and conditions the following terms, always capitalised, are used in the following sense.

Growth One: the private Freezone Company with limited liability Growth One, the user of these general terms and conditions, with its registered office at DDP, Building A1 in Dubai Silicon Oasis, Dubai, United Arab Emirates, registered in the Trade Register under DSO-FZCO-29927. Premises number: 31920.

Client: any natural or legal person with whom Growth One has concluded or intends to conclude an agreement.
Consumer: a customer, natural person, not acting in the exercise of a profession or business OR a customer, acting as a profession or business exclusively when the profession or business signed up as a business during the onboarding process.
Parties: Growth One and the client jointly.
Agreement: any agreement between the Parties under which Growth One has undertaken towards the Client to provide software for automated trading on the foreign exchange market, access to the Growth One, Growth Estate- Growth Legal service.
Written: communication in writing, communication by e-mail or any other means of communication that can be equated with this in view of the state of the art and generally accepted views.

ARTICLE 7. | GENERAL PROVISIONS

These general terms and conditions apply to every offer by Growth One to enter into an Agreement, every Agreement as such and all resulting legal relationships between Parties.
The applicability of any general terms and conditions of the Client is expressly rejected.
The provisions of these general terms and conditions may only be deviated from explicitly in writing, such as by means of the order agreement signed by the Parties. If and insofar as that which the Parties have expressly agreed in Writing deviates from that which is stipulated in these general terms and conditions, that which the Parties have expressly agreed in Writing shall apply. Client: The Client with whom the Contractor has entered into an agreement for a product, as well as to whom the Contractor has issued an agreement, quotation or offer.
Destruction or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such shall not affect the validity of the remaining clauses. In such a case, the Parties are obliged to enter into mutual consultation in order to reach a replacement arrangement with regard to the affected clause. The purpose and meaning of the original provision will be taken into account as much as possible.

Parties: Growth One and the client jointly.

Product: All products or services offered by the contractor in the form of a quotation, agreement or offer to the client under the name of Growth One.

ARTICLE 8. | OFFER AND FORMATION OF THE AGREEMENT

Every offer by Growth One to enter into an agreement (including the order agreements it offers for signature) is without obligation. Growth One can still revoke its offer without delay, at least as soon as possible after acceptance by the client.
The client or person concluding the agreement on behalf of the client must be at least 18 years of age.
Without prejudice to the provisions of paragraph 1, every agreement is concluded at the moment that the offer of Growth One is accepted by the customer in the manner indicated by Growth One.

ARTICLE 9. | CANCELLATION OF THE AGREEMENT

Each Agreement shall, without prejudice to the cancellation options referred to in Articles 6.9 and 7.13, be binding after its conclusion. In the event of cancellation of the Agreement by the Customer, the Customer shall continue to owe any related payment obligations in full.

ARTICLE 10. | OBLIGATIONS OF THE CUSTOMER IN GENERAL

ARTICLE 11. | GROWTH ONE

As part of the Growth One, trades on the foreign exchange market are managed and monitored using software made available by Growth One. As part of the Growth One, the Customer must have an account with an external broker. Under the Client's account with the broker, the Client should create an MT5 account. The Client should instruct the broker to be linked to Growth One's PAMM.
The Client must keep its login details for access to its broker account confidential. Growth One does not ask for these login details; Growth One only asks the client to have its MT5 account linked to Growth One's PAMM at the external broker.
The provision to the client of its (MT5) account with the broker takes place under the conditions applied by the broker. Growth One is not a party to these undertakings and does not accept any liability with regard to errors and shortcomings of the broker.
The client is obliged to pay the expressly and In Writing agreed minimum deposit by depositing this amount into his broker account, failing which Growth One is entitled to suspend further performance of the Agreement.
In the context of managing trades with the help of Growth One's copy-trading software, Growth One's copy-trading software trades with the balance deposited by the Client in his brokerage account. The Client independently manages his funds available under his brokerage account and, subject to the terms and conditions of the broker, is always able to pay out or increase his balance. It is the Client's own responsibility never to risk more money than he can lose. Growth One is not a bank, broker, asset manager or financial adviser. Growth One only makes the copy-trading software available to achieve returns. The returns indicated in the assignment agreement or otherwise by Growth One are absolutely no guarantee, but only a rough expectation based on results obtained in the past. Returns are therefore never guaranteed and Growth One never accepts any liability for failure to achieve a return or loss of investment.
Trades with Growth One's copy-trading software are managed automatically. The Client may request the broker to disconnect its funds from the PAMM at any time. Such requests will be followed up by the external broker within a reasonable period. Growth One never commits itself in this respect to a specific deadline and is never liable for any (additional) loss suffered by the client between the time of submitting the disconnection request and the actual disconnection.
The Client owes the explicitly and In Writing agreed percentage on any profit earned by him using Growth One's copy-trading software as a performance fee. The performance fee is calculated daily by comparing the balance of 24 hours ago with the balance on the day of invoicing. If there is a positive difference and therefore a profit, this is attributed to the use of Growth One's copy-trading software, which amount is taken into account when determining the performance fee. Unless expressly agreed otherwise in writing, the performance fee shall be paid by transfer by the Client, on the understanding that Growth One reserves the right to agree with the relevant broker to set off the performance fee against the Client's balance under its brokerage account.
The Client is prohibited from using the linked MT5 account for purposes other than in connection with Growth One's linked copy-trading software. In particular, the Client is prohibited from making its own manual trades using the linked MT5 account, failing which Growth One may invoke the provisions of Article 12.
The Growth One agreement may be terminated by the client with immediate effect by e-mail to support@growthone.fund. A termination will be confirmed by Growth One by e-mail as soon as possible. The performance fee is calculated on the day of termination, after which this fee will be charged.

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ARTICLE 12. | ABUSE

The copy-trading software of Growth One is exclusively intended for personal use or use in the framework of the business activities of the customer. The rights and obligations of the customer arising from the Agreement are not transferable to third parties. Copying, publishing, selling or otherwise making available to third parties the trades generated by the copy-trading software of Growth One is not permitted. Furthermore, it is not permitted to use these trades for commercial purposes other than those arising from the nature and scope of the Agreement.
If Growth One ascertains that the customer breaches or attempts to breach the provisions of the previous paragraph, Growth One is entitled to terminate the agreement in whole or in part with immediate effect and to charge the customer for any damage suffered as a result of the breach. The provisions of Article 12 shall apply mutatis mutandis.

ARTICLE 13. | FORCE MAJEURE

Growth One is not obliged to comply with any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act or generally accepted practice (force majeure). In addition to what is understood in law and jurisprudence in this respect, force majeure includes staff shortages, disasters, epidemics, pandemics, war and threat of war, breakdowns in communication links or in equipment or software of Growth One or third parties.
If and insofar as the force majeure situation makes compliance with the Agreement permanently impossible, the Parties are entitled to dissolve the Agreement with immediate effect without judicial intervention.
If Growth One has already partly fulfilled its obligations when the situation of force majeure arises, or can only partly fulfil its obligations, Growth One is entitled to separately invoice the part of the agreement already performed or the part of the agreement which can still be performed as if it were an independent agreement.
Without prejudice to the provisions of the previous paragraph, damage caused as a result of force majeure shall never be eligible for compensation.

ARTICLE 14. | SUSPENSION AND TERMINATION

Growth One is authorised, if the circumstances of the case reasonably justify this, without judicial intervention, to suspend the execution of the agreement or to dissolve the agreement in whole or in part with immediate effect, if and insofar as the customer does not fulfil his/her obligations under the agreement (including the provisions in these general terms and conditions) or does not fulfil them on time or in full, or if after the conclusion of the agreement Growth One learns of circumstances which give good reason to fear that the customer will not fulfil his/her obligations.
If the customer is in a state of bankruptcy, has applied for (temporary) suspension of payment, his assets have been attached or in cases in which the customer otherwise cannot freely dispose of his assets, Growth One is entitled to dissolve the agreement in whole or in part with immediate effect and without judicial intervention.
Growth One is further entitled to dissolve the agreement in whole or in part with immediate effect if circumstances arise which are of such a nature that compliance with the agreement is impossible or cannot reasonably be required of it.
The customer can never claim any form of compensation in connection with the right of suspension and dissolution exercised by Growth One under this article.
Insofar as the circumstance which led to suspension or dissolution of the agreement can be attributed to the customer, the customer is obliged to compensate Growth One for the damage suffered as a result of the suspension or dissolution of the agreement.
If Growth One dissolves the agreement under this article, any claims Growth One still has against the customer shall be immediately due and payable.

ARTICLE 15. | LIABILITY AND INDEMNITY

Customer shall bear the damage caused by inaccuracies in the data provided by Customer, any other shortcoming in the fulfilment of the obligations of Customer arising from the law or the Agreement, as well as any other circumstance which cannot be attributed to Growth One.
Growth One shall make every effort to meet any periods of performance to which it has committed itself vis-à-vis the client. However, these periods shall never be strict deadlines. Growth One shall not be in default until the client has given Growth One written notice of default setting a reasonable period for compliance and Growth One is still in default after expiry of the latter period.
Trading on the foreign exchange market takes place by means of leverage. Working with leverage is risky. It is the Customer's own responsibility to investigate how leveraged trading works and what risks are involved. At all times, there is a risk that the Customer may lose his entire investment. It is therefore the Customer's own responsibility to invest only with money in respect of which the Customer can afford to lose it. Statistically, around three quarters of retail investors lose money with Forex trading. The Client is assumed to be familiar with these risks. Growth One bears no liability whatsoever for the Client's total or partial loss of investments.
Trades using Growth One's copy-trading software is executed at the relevant broker and at the risk of the client. Trades using the copy-trading software are executed automatically. Use of Growth One's copy-trading software is the Client's own choice, in respect of which Growth One does not accept any liability. The client is fully responsible for monitoring his or her trades placed using Growth One's copy trading system. The broker is responsible for the execution of the trades made using Growth One's copy-trading software. Growth One only makes available Growth One's copy-trading software. Growth One does not accept any liability for errors and shortcomings of brokers or other third parties.
Growth One is not a broker, financial adviser, intermediary or asset manager. The services that Growth One offers and information that it makes available in any way are never to be regarded as investment advice. Growth One addresses transaction proposals on the basis of its own software to existing clients and not beyond. The trades generated by means of Growth One's copy-trading software are general in nature and not specifically targeted at individual Clients. Growth One does not guarantee in any form that the use of Growth One's copy-trading software will result in profit.
Trading using Growth One's copy-trading software may result in a high number of trades. The costs associated with such trades charged by the broker to the Client may result in lower returns. Growth One is completely independent of the broker and is therefore not responsible for lower returns as a result of (high) (transaction) costs charged by the broker to the Client. It is the responsibility of the Client, when choosing a broker, to inform himself of the level of (transaction) costs at different brokers.
Growth One's copy-trading software has been developed on the basis of past results. However, these past results do not guarantee future success.
The indicative returns given by Growth One do not include the agreed performance fee.
Growth One is not liable for the quality, accuracy, completeness, reliability, availability, or timeliness of the information provided by Growth One. Furthermore, Growth One is not liable for any consequences, including any losses, resulting from the use of the copy-trading software of Growth One or other services provided by Growth One.
Growth One is not liable for damages resulting from cyber attacks and other circumstances not attributable to Growth One.
After termination of the Agreement for any reason, the Client is solely responsible for any follow-up on their investments. The Client shall have no claim to advice, support, or any other services from Growth One after the termination of the Agreement.
Growth One is never liable for indirect damages, including but not limited to lost profits, damages resulting from business interruption, loss of opportunities, trading losses, and other damages that may result from incomplete or incorrect information.
If, despite the provisions of these terms and conditions, Growth One is liable for any damages, such liability is limited to the proper provision of the agreed services. The Client must provide Growth One with the opportunity to do so, failing which any liability of Growth One in this regard will be void. If such restoration is not possible, the potential liability of Growth One is limited to the amount paid by the Client to Growth One under the Agreement, or at least that part of the Agreement to which the liability of Growth One pertains.
The limitation period for all claims and defenses against Growth One is 12 months after the claim arises.
The right to bring a legal claim or defense regarding the assertion that the services provided by Growth One do not comply with the Agreement expires if the alleged defect is not communicated in writing and with a statement of reasons to Growth One within seven days after its discovery or could have been reasonably discovered.
The client indemnifies Growth One against possible claims by third parties who suffer damage in connection with the execution of the agreement for the client and whose cause can be attributed to (a) party/parties other than Growth One. If Growth One can be held liable by third parties for that reason, the client is obliged to assist Growth One both extra-judicially and judicially and to do immediately all that can reasonably be expected of it in that case. If the client fails to take adequate measures, Growth One is entitled, without notice of default, to take such measures itself. All resulting costs and damage on the part of Growth One and third parties shall be for the account and risk of the customer.

ARTICLE 16. | PAYMENTS

The client is obliged to pay any invoice submitted by Growth One within seven after the invoice date. The amounts payable by the client are exclusive of VAT, unless explicitly stated otherwise and on the understanding that these amounts are (also) stated inclusive of VAT if the client is a Consumer.
Payment must be made without any appeal to suspension or settlement, insofar as the law does not imperatively prevent this for the benefit of the Consumer.
Growth One is entitled to make invoices due to the customer available by e-mail only.
If the customer is in a state of bankruptcy, has applied for (temporary) suspension of payment, his goods have been seized, as well as in cases in which the customer cannot freely dispose of his assets in any other way, the claims on the customer are immediately claimable.
If timely payment is not made, the Customer's default shall commence by operation of law. From the day the Customer's default commences, the Customer shall owe interest on the outstanding amount of 2% per month, whereby part of a month shall be regarded as a full month. In deviation from the previous sentence, instead of the contractual interest rate referred to there, the statutory interest rate applicable at the time of the default of payment shall apply if the Customer is a Consumer.
All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain the amounts owed by the Customer, shall be borne by the Customer.

ARTICLE 17. | INTELLECTUAL PROPERTY

Growth One reserves all rights and powers of intellectual property to which it is entitled under the law, such as the Copyright Act. The ownership of Growth One's copy-trading software and all information arising from them, as well as the content made available by Growth One, remains with Growth One.
If and to the extent provided for in the Agreement, and for as long as the Customer continues to comply fully with its obligations under the Agreement, the Customer acquires the right to use the facilities referred to in the previous paragraph. If the Agreement is terminated for any reason, this right shall lapse with immediate effect.
An infringement of Growth One’s intellectual property rights attributable to the customer entitles Growth One to claim immediate undoing of the infringement, as well as compensation for damages to be determined further on the basis of the nature and extent of the infringement.

ARTICLE 18. | FINAL PROVISIONS

Growth One is entitled to amend these general terms and conditions. In such a case, the Client will be informed of this, whereby the amended general terms and conditions will be provided to the Client and after which they will apply. In the case of a Consumer, amended general terms and conditions do not apply to an already concluded Agreement if and insofar as the amendments are to his detriment.
Growth One is entitled to transfer its rights and obligations under the Agreement to a third party.
Each Agreement and all legal relations between the Parties arising from it are governed exclusively by United Arab Emirates law.
The parties shall not resort to court until after they have made every effort to settle the dispute in mutual consultation.
Only the competent court within the district of the district court of Dubai Sillicon Oasis shall be designated in the first instance to hear any legal disputes between the parties, without prejudice to Growth One's right to designate another court with jurisdiction according to the law. However, a consumer is entitled to choose the judge competent according to the law within one month after Growth One has announced in writing that it wishes to litigate before the judge appointed by it.