Client Agreement

01Parties & interpretation

This Client Agreement (the "Agreement") is entered into between BINGMEX Limited, a company incorporated in the Republic of Mauritius with registered office at 3rd Floor, Standard Chartered Tower, Bank Street, Cybercity, Ebene, Mauritius (the "Company", "BINGMEX", "we", "us") and the natural or legal person who applies for or operates an account with us (the "Client", "you").

In this Agreement, references to "Account" mean any trading account opened in the Client's name on the MetaTrader 5 platform; "MT5" means the MetaTrader 5 trading platform licensed by MetaQuotes Ltd; "Instrument" means any product made available for trading by us, including FX pairs, spot precious metals and CFDs on global stock indices; "Order" means any instruction to enter, modify or close a transaction in an Instrument; and "Business Day" means any day on which banks are open for business in Mauritius.

02Regulatory status

BINGMEX Limited is licensed by the Financial Services Commission of Mauritius (the "FSC") as an Investment Dealer (Full Service Dealer, excluding Underwriting) under Section 29 of the Securities Act 2005 and holds a Global Business Licence under Section 72 of the Financial Services Act 2007. Our licence number is GB23202018. We provide our services from Mauritius and are subject to the supervision of the FSC.

03Eligibility & classification

To be eligible to open an Account, you must:

• be at least 18 years of age (or such higher age as may apply in your jurisdiction);
• have full legal capacity to enter into binding contracts;
• not be a resident or citizen of, and not be physically located in, any jurisdiction restricted by us in accordance with our AML / CFT Policy or by applicable sanctions;
• not be a designated person on the United Nations, NSSEC or any other applicable sanctions list;
• have completed our customer due diligence process to our satisfaction.

BINGMEX classifies each Client by default as a Retail Client unless we determine, on the basis of objective criteria, that the Client meets the standards of a Professional Client. The level of regulatory protection afforded to Retail Clients is higher than that afforded to Professional Clients. We will inform you of any change in your classification.

04Account opening & KYC

Account opening is conditional on satisfactory completion of our customer due diligence ("CDD") procedures, including identity verification, address verification, source-of-funds enquiry and (where applicable) source-of-wealth enquiry. The documents we require, and the situations in which Enhanced Due Diligence applies, are set out in our AML / CFT Policy.

We may decline an application without giving reasons. We reserve the right to terminate the relationship if at any point we are unable to satisfactorily verify your identity, source of funds or source of wealth, or if you become a person with whom we are not permitted to do business.

You are responsible for keeping the information you have provided to us accurate and up to date and for notifying us promptly of any material change (including, without limitation, change of name, address, country of residence, occupation, tax status or beneficial ownership).

05Services & scope

BINGMEX provides the following services to its Clients, subject to the terms of this Agreement and our regulatory authorisation:

• Provision of access to the MetaTrader 5 platform for trading FX pairs, spot precious metals and CFDs on global stock indices;
• Execution of Client Orders on the Instruments we make available;
• Custody of Client funds in segregated bank accounts pending settlement, withdrawal or trade closure;
• Periodic statements, trade confirmations, account analytics and tax-relevant reports.

BINGMEX does not provide investment advice, tax advice, legal advice or personal recommendations. Any general information, market commentary, training material or signals we may provide does not constitute a recommendation and you should not rely on them as a basis for any investment decision. You are solely responsible for your own trading decisions and for assessing whether a transaction is suitable for you.

06Orders, execution & pricing

Orders may be transmitted via the MT5 platform (desktop, web or mobile) or, where we expressly permit, via telephone instructions confirmed by an authorised representative. Orders are executed on a request quote basis: a quote is provided in real time and the Order is filled at the quote prevailing when our system processes it. Quotes are indicative until executed.

The Order types supported include market, limit, stop, stop-limit, trailing stop and partial close. We support both hedging and netting account modes; you choose which mode applies at sign-up.

We endeavour to provide best execution on a consistent basis, taking into account price, costs, speed, likelihood of execution, size and the nature of the Order. We may aggregate Client Orders, route Orders to liquidity providers or counterparties, and may execute Orders outside a regulated venue. By accepting this Agreement, you consent to off-exchange execution where applicable.

Markets may gap, become illiquid or move sharply (especially around news releases, market open or close, weekends and holidays). In such conditions, your Order may be filled at a price materially different from the quoted or requested price. You acknowledge that slippage — both adverse and favourable — is a normal feature of leveraged trading.

07Leverage, margin & close-out

Leverage is offered up to 1:500 on FX major pairs, with lower maximums on cross pairs, exotics, precious metals and indices according to our published schedule. Leverage may be reduced for higher account equity, for clients in particular jurisdictions, or in response to elevated market volatility. We will publish updates to the leverage schedule on our website and in MT5.

You are required to maintain sufficient margin in your Account at all times. If at any point your Account equity falls below the maintenance margin requirement, we may, in our sole discretion and without prior notice:

1. issue a margin call to you (we are not obliged to do so);
2. close any or all of your open positions, in whole or in part, in any order, until the margin requirement is restored;
3. close out your Account in its entirety.

08Deposits, withdrawals & segregation

Client funds are held in segregated bank accounts that are kept separate from the proprietary funds of BINGMEX, in line with the conditions of our FSC Investment Dealer licence. Funds in segregated accounts are used solely for the specified purpose of supporting Client trading activity.

Deposits are accepted from a payment instrument held in the Client's own name. We do not accept third-party deposits. Cash deposits are not accepted. Withdrawal requests are processed only to the original funding source ("source of funds" rule), or, where this is impracticable, to an account held in the Client's name and supported by satisfactory documentary evidence.

We aim to process withdrawal requests on the next Business Day after they are submitted. Processing may be delayed where additional CDD checks are required, where the request triggers an internal compliance review, or where banking or correspondent-banking conditions require it. We may impose a minimum withdrawal amount.

09Fees, spreads & charges

BINGMEX is remunerated through the bid–ask spread on the Instruments we make available. The Standard Live Account does not carry a per-trade commission. We may from time to time charge:

• Overnight financing (swap) credits or debits on positions held past the daily roll, computed in line with the prevailing interbank rates and our published swap schedule;
• Inactivity fees on Accounts dormant for an extended period (we will notify you in advance);
• Specific costs charged through to us by payment processors or banks for unusual deposit or withdrawal methods.

Our complete fee schedule is available on our website and within the MT5 platform. Changes are notified in accordance with the amendment provisions of this Agreement.

10MT5 platform & technology

We provide access to MetaTrader 5 in accordance with the licensing terms of MetaQuotes Ltd. You are responsible for the equipment, software, internet connection and electricity required to access MT5. We are not liable for losses caused by failure of your local equipment or internet connection.

We may suspend access to the platform at any time for scheduled maintenance, emergency repair, security reasons or where we believe there is a market integrity, regulatory or operational reason to do so. We will use reasonable efforts to give advance notice of scheduled downtime through the platform, our website or by email.

Login credentials are confidential and must not be shared. You are responsible for all activity on your Account, including activity by any person to whom you grant access (intentionally or otherwise). Notify us immediately if you suspect unauthorised access.

11Market data, signals & EAs

Market data, charts, indicators and any signals or commentary we make available are provided for general information only. Such information is sourced from third parties believed to be reliable, but we do not guarantee accuracy, completeness, timeliness or fitness for any particular purpose. You acknowledge that historical performance does not predict future results.

Expert Advisors (EAs) and other algorithmic strategies running on MT5 execute Orders automatically on your behalf. You remain solely responsible for the conduct of any EA you install. We do not endorse, validate or assume any responsibility for the strategies of third-party EA providers, signal services or copy-trading providers.

12Risk acknowledgements

Trading FX, precious metals and CFDs is highly speculative, involves the use of leverage and carries a substantial risk of loss. You may lose part or all of your invested capital, sometimes very rapidly. Our full Risk Disclosure forms part of this Agreement and you confirm that you have read and understood it before opening an Account.

You confirm in particular that:

• you understand the leveraged nature of the products we offer and that small market movements can produce disproportionately large losses;
• you have the financial means to bear the losses you may incur and you are not trading with funds you cannot afford to lose;
• you have considered your investment objectives, level of experience and risk tolerance and, where appropriate, sought independent professional advice.

13Conflicts of interest

BINGMEX maintains a Conflicts of Interest policy designed to identify, prevent and manage situations in which our interests, those of our officers and employees, or those of our affiliates, may diverge from those of our Clients. Where a conflict cannot reasonably be avoided, we will manage it fairly and, where appropriate, disclose it. A summary of our policy is available on request.

14Client warranties

By entering into this Agreement, you represent and warrant that, on a continuing basis:

• you have read, understood and accept this Agreement, the Risk Disclosure, the AML / CFT Policy and the Privacy Policy;
• the information you provide to us during onboarding and during the relationship is true, complete and accurate;
• the funds you transfer to us are not the proceeds of crime, are owned by you and are free of any third-party encumbrance;
• you are not subject to any sanctions, embargo or restriction that would make the relationship unlawful;
• you are acting on your own account, in your own name, and not on behalf of an undisclosed third party;
• you have all necessary corporate and regulatory consents (where the Client is a legal person) to enter into this Agreement.

15Prohibited conduct

You agree that you will not:

• use the platform for any unlawful purpose, including any form of market manipulation, insider trading or fraud;
• exploit any error in our pricing, latency, software or systems for arbitrage gains, including arbitrage based on stale or off-market quotes;
• use any third-party software, API integration or scripts that have not been authorised by us, or that are designed to gain an unfair advantage;
• collude with another Client or third party to manipulate the market or the operation of the platform;
• impersonate any person, falsify any document or otherwise deceive us in connection with your Account.

Where, in our reasonable opinion, you have engaged in any of the above conduct, we may, without notice and without liability, void any affected transactions, claw back resulting profits, suspend or terminate your Account, freeze withdrawals pending investigation and report the matter to the relevant authorities.

16Limitation of liability

Save where caused by our wilful default or gross negligence, BINGMEX shall not be liable to you for any loss, damage or expense suffered by you as a result of:

• the acts, omissions, default or insolvency of any third party — including liquidity providers, banks, payment processors, exchanges, custodians or correspondent banks;
• any failure, malfunction, delay or interruption of any communications, electronic, computer, telephone or other system that is not within our control;
• any market move, market gap, suspension, halt or extraordinary event affecting any Instrument;
• any decision you take or fail to take in reliance on information, data, analysis or material made available to you, whether by us or by a third party;
• force majeure events, including war, civil unrest, pandemic, natural disaster, government action, regulatory change or terrorist activity.

In any event, our maximum aggregate liability to you for any matter arising out of or in connection with this Agreement shall not exceed the total fees and spreads paid by you to BINGMEX in the 12-month period immediately preceding the event giving rise to the claim. Nothing in this Agreement excludes or limits any liability that cannot lawfully be excluded or limited under Mauritian law.

17Termination & suspension

Either party may terminate this Agreement at any time by giving written notice to the other. We may suspend or terminate the Agreement with immediate effect, without prior notice, where:

• we are required to do so by law, regulation or by a court or regulatory order;
• we have a reasonable suspicion of money laundering, terrorist financing, sanctions breach, fraud or any other unlawful conduct;
• you are or become a person with whom we are not permitted to do business;
• you breach a material term of this Agreement, including any of the warranties in section 14 or any of the prohibitions in section 15;
• you become insolvent, bankrupt or subject to similar proceedings.

On termination, all open positions will be closed at prevailing market prices, all outstanding fees and obligations will become immediately due and payable, and any remaining Account balance, after offsetting any sums owed to us, will be returned to you in line with our funding rules.

18Complaints handling

If you wish to make a complaint, please contact our client services team at support@bingmex.com. We will acknowledge your complaint within two Business Days and provide a substantive response within fifteen Business Days. If your complaint relates to a compliance, AML or sanctions matter, please write directly to legal@bingmex.com, where it will be handled by our Compliance Officer.

If you are not satisfied with our response, you may refer the complaint to the Financial Services Commission of Mauritius via its complaints channel published on its website.

19Data protection

We process personal data about you in accordance with the Data Protection Act 2017 of Mauritius and the terms of our Privacy Policy, which forms part of this Agreement. The Privacy Policy sets out what data we collect, why we collect it, how we use and share it, how we protect it, and the rights you have in relation to that data.

20Amendments & communications

We may amend this Agreement and any policies forming part of it from time to time, including to reflect changes in law, regulation, market conditions, technology or our service. We will give you reasonable notice of material amendments by email, by notice on our website or through the MT5 platform. Your continued use of the platform after the effective date of an amendment constitutes acceptance of the amended terms.

We will communicate with you in English, primarily by email and through the MT5 platform. Notices we send to your registered email address are deemed received on the day of sending. You are responsible for keeping your contact details current.

21Governing law & jurisdiction

This Agreement, and any non-contractual obligations arising out of or in connection with it, are governed by the laws of the Republic of Mauritius. The courts of Mauritius shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement, and you irrevocably submit to that jurisdiction. Nothing in this section limits our right to bring proceedings against you in any other court of competent jurisdiction where you are domiciled or hold assets.

22Severability & entire agreement

If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be severed and the remainder of the Agreement shall remain in full force and effect.

This Agreement, together with the AML / CFT Policy, the Risk Disclosure, the Privacy Policy and any specific schedules or addenda referenced or executed between us, constitutes the entire agreement between you and BINGMEX in relation to its subject matter and supersedes any prior arrangement or representation, whether oral or written.