FX Recap Terms of Use

Last Updated: 01-01-2025

Welcome to FX Recap. This document constitutes a legally binding agreement (the Terms of Use or Agreement) outlining the rules and guidelines that govern your access to and use of the FX Recap website, content, services, and applications (collectively, the Platform or Services).

By accessing, browsing, creating an account, or otherwise using the Services, you confirm your binding acceptance of this entire Agreement, detailing the rights, responsibilities, and obligations of both you (the User) and FX Recap.

1. Introduction and Acceptance of Terms

1.1 Scope and Definitions

The Services encompass all functionality, reviews, and educational content offered by FX Recap. User refers to any individual or entity accessing or using the Platform, including casual visitors. Content refers to all text, data, information, analysis, and materials available on the Platform. This Agreement provides FX Recap with the necessary legal protection and sets clear expectations for all users.

1.2 Acceptance and Amendments

Your use of the Services signifies your agreement to these Terms of Use. For core services such as account registration, explicit consent, typically via a checkbox or similar Clickwrap mechanism, may be required to maximize the legal enforceability of certain sensitive clauses.

The Terms are Subject to Change at any time without prior notice. FX Recap reserves the right to review and update these Terms regularly to adapt to evolving market and regulatory conditions. Your continued use of the Platform following any modifications constitutes acceptance of the revised Terms.

2. Content Ownership and Intellectual Property

2.1 Platform Content Ownership and License Grant

The Platform, including all design, proprietary algorithms, data, analyses, code, and all other elements of the Service (Platform Content), are the sole property of FX Recap and are protected by copyright, trademark, and other applicable laws. All intellectual property rights pertaining to the Platform Content are held and reserved exclusively by FX Recap.

FX Recap grants the User a limited, revocable, non-exclusive, non-transferable license to access and use the Platform Content strictly for personal, non-commercial use, subject to the conditions set forth in these Terms.

2.2 User-Generated Content (UGC)

If the Platform permits you to post, submit, or upload content (such as reviews, comments, or trading commentary, collectively UGC), you retain all intellectual property rights to your UGC. However, by submitting UGC, you grant FX Recap a broad, worldwide, non-exclusive, perpetual, irrevocable, royalty-free, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, and publicly display such content for the purposes of operating, promoting, and improving the Services.

2.3 Prohibiting Infringement

You are explicitly prohibited from uploading, posting, or transmitting any content that breaches a third party’s intellectual property rights, including copyrights or trademarks. You warrant that your UGC does not violate the rights of any third party. FX Recap reserves the right to immediately remove any content suspected of infringement and to suspend or permanently ban users involved in such violations, without providing a refund for paid services.

3. Acceptable Use and User Conduct Guidelines

3.1 Prohibited Activities

You agree not to use the Services in any way that breaches any applicable local, national, or international laws or regulations, or in any manner that is unlawful or fraudulent. Prohibited activities include, but are not limited to:

• Attempting to harm other users.
• Transmitting any unsolicited or unauthorized advertising, promotional material, or solicitation (spam).
• Knowingly uploading or re-using any material that does not comply with the content standards set herein.

3.2 Integrity of Reviews and Financial Data

Given the financial nature of the Platform, the integrity of all user-contributed content, particularly reviews and commentary, must be maintained. You agree not to:

• Post content not based on a genuine experience or that does not accurately represent the broker or product in question.
• Post content in exchange for any incentive offered by a business, such as payment, discounts, free goods, or services, or post content following a request for revision or removal of a negative review in exchange for an incentive.
• Post content from multiple accounts to manipulate ratings or impersonate any person, group, or organization to mislead others.

4. Critical Financial and Risk Disclosures

4.1 General Financial Disclaimer: No Personalized Advice

The content, views, and services provided by FX Recap are strictly for informational, educational, and general market commentary purposes only. They are not intended to constitute personal financial, investment, tax, or legal advice.

• The information does not constitute a recommendation for the purchase or sale of any specific security, financial instrument, or investment strategy.
• The information is not intended to replace or augment consultation with a potential investor’s professional financial advisor.

You must acknowledge that financial decisions inherently involve risk, including the potential loss of principal. You agree that FX Recap will not be held liable for any investment decisions, losses, or damages resulting from actions taken based on the information provided.

4.2 High-Risk Trading Disclosure

Trading in leveraged products, such as retail foreign exchange (Forex), carries a high degree of risk and may not be suitable for all investors. The high degree of leverage can work both against you and for you.

In accordance with regulatory standards for high-risk products, you must acknowledge receipt and understanding of a separate written risk disclosure statement containing the precise language mandated by the relevant regulatory bodies (e.g., NFA, FDIC, or equivalent), which will be provided to you before engaging in any regulated activities. You should thoroughly investigate any statements that minimize or contradict the terms of this risk disclosure.

4.3 Jurisdictional Limitations

The content provided on the Platform does not constitute an offer or solicitation of an offer for products or services to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or where it would subject FX Recap to any local registration requirement.

5. Transparency and Third-Party Links

5.1 Affiliate Link and Compensation Disclosure

You acknowledge that FX Recap utilizes affiliate links. This means that FX Recap may earn a commission if you click through an affiliate link and subsequently make a purchase or subscribe to a service, typically at no extra cost to you.

To maintain compliance with regulatory mandates, FX Recap is committed to ensuring that all disclosures are clear, conspicuous, and placed near each endorsement or affiliate link on the Platform.

5.2 Third-Party Links and Services Disclaimer

The Platform may provide links to external websites, applications, or services controlled by third parties. FX Recap is not responsible or liable for the content, accuracy, privacy practices, or availability of those external sources. FX Recap is not involved in any transactions between you and third-party providers, and any interactions, agreements, or reliance on services advertised through such links are solely your responsibility.

6. Warranties, Indemnification, and Limitation of Liability

6.1 Warranty Disclaimer (AS IS Clause)

THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, whether express or implied. FX Recap disclaims all implied warranties of merchantability, fitness for a particular purpose, quality, performance, or non-infringement. FX Recap cannot guarantee that the Service will always be accessible, error-free, or compatible with every web browser, mobile device, or operating system.

6.2 Indemnification

You agree to defend, indemnify, and hold harmless FX Recap, its affiliates, officers, employees, agents, and representatives (collectively, Indemnitees) from and against any claims, demands, damages, liabilities, and costs (including litigation expenses and reasonable attorneys’ fees) arising out of or resulting from your: (i) breach of these Terms, (ii) misuse of the Services, or (iii) infringement of any intellectual property or other right of any third party.

6.3 Limitation of Liability

In no event shall FX Recap or its Indemnitees be liable to you or any third party for any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for LOST PROFITS, LOST BUSINESS OPPORTUNITIES, or BUSINESS INTERRUPTION, even if FX Recap was advised of the possibility of such damages.

Furthermore, FX Recap shall not be held responsible for any consequences resulting directly or indirectly from any events not within its control, including but not limited to, government restrictions, imposition of emergency procedures, exchange rulings, suspension of trading, or the conduct of third parties.

7. Enforcement and Dispute Resolution

7.1 Termination

FX Recap reserves the unilateral right to suspend or terminate the User’s access to the Service or account at any time. Termination may occur for cause (e.g., material breach of these Terms, fraudulent activity) or for convenience, without needing to show the User did anything wrong. Upon termination, you must immediately cease all use of the Services.

7.2 Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of [Insert Governing Law Here], without regard to its conflict of law principles. The selection of governing law is pivotal to the contract’s formation and validity.

7.3 Mandatory Binding Arbitration and Class Action Waiver

To ensure efficient resolution of disputes, any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform shall be resolved exclusively by confidential, binding arbitration, rather than in court.

Class Action Waiver (CAW): You and FX Recap agree that any dispute resolution proceedings will be conducted only on an individual basis, and you specifically waive the right to initiate or participate in any class, consolidated, or representative action. This waiver prevents you from bringing claims by way of a class action lawsuit.

7.4 Severability

Should any part, term, or provision of this Agreement be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining portion shall be considered severable and shall not be affected by such determination, and the remaining provisions shall remain in full force and effect.

8. Miscellaneous Provisions

8.1 Survival

The provisions relating to Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Mandatory Binding Arbitration and Class Action Waiver, and Severability shall survive the termination of the agreement and continue in full force and effect.

8.2 Contact Information

Any questions, concerns, or legal notices, including reporting alleged intellectual property infringement, must be directed to FX Recap using the contact details provided on the Platform.