These HYROTRADER General Terms and Conditions (the “GTC”) govern rights and obligations in connection
with the use of services provided by Hyro Finance, j. s. a. (the “Services”), offered mainly
through the www.HyroTrader.com website (the “Website”). Please read these GTC carefully. You are
under no obligation to use the Services if you do not agree or understand any portion of these Terms,
nor should you use the Services unless you understand and agree to these Terms.
1. INTRODUCTORY PROVISIONS
1.1. These GTC govern your (“you”, “your”, or the “Customer”) rights and obligations in
connection with the use of the Services provided by HYROTRADER Hyro Finance, j. s. a. with
its registered office at Kopčianska 10 851 01 Bratislava – mestská časť Petržalka,
identification no 55072275, registered in the Commercial Register maintained
by the Municipal Court in Bratislava, file no. C 255/B and Hyro Trading s. r. o. with
its registered office at Kopčianska 10 851 01 Bratislava – mestská časť Petržalka, identification no 56327862 (“we”, “our”, or the “Provider”).
1.2. By registering on the Website or, where registration is not required, not later than by your
first use of the Services, you are entering into a contract with the Provider, the subject of
which is the provision of the Services of your choice. The GTC form an integral part of
such a contract and, by executing the contract with the Provider, you express your
agreement to these GTC.
1.3. The Services are only intended for persons over the age of 18 residing in the country
for which the Services are available. By registering on the Website, you confirm that you
are over 18 years of age. If you are under 18 years of age, you may not use the Services.
You undertake to access the Services solely from one of the countries for which
the Services are available. You acknowledge that your access to and use of the Services
may be restricted or prohibited by law in some countries, and you undertake to only access
and use the Services in accordance with applicable laws.
1.4. The Provider shall not provide Services to Customer that: (i) is of nationality or is residing
in Restricted Jurisdictions; (ii) is established or incorporated, or has a registered office in
Restricted Jurisdictions; (iii) is subject to the relevant international sanctions; or (iv) has
a criminal record related to financial crime or terrorism. Restricted Jurisdictions means
countries determined as such by the Provider and published here on the Website. The
Provider reserves the right to refuse, restrict or terminate the provision of any Services to
Customer as per this Clause 1.4. and such Customer is prohibited to use the Services,
which also includes the use of the Client Section and/or Trading Platform.
1.5. The Services consist of the provision of tools for simulated foreign exchange trading
on the FUTURES market or simulated trading with other instruments on other financial
markets, provision of analytical tools, training and educational materials, the access to
the Client Section, and other ancillary services, in particular through the Client Section or
by the provision of access to applications provided by the Provider or third parties.
Financial market information is used in the simulated trading; however, you acknowledge
that any trading that you perform through the Services is not real. You also acknowledge
that the funds provided to you for demo trading are fictitious and that you have no right
to possess those fictitious funds beyond the scope of their use within the Services, and in
particular that they may not be used for any actual trading and that you are not entitled
to the payment of those funds. Unless expressly agreed otherwise, you will not be paid
any remuneration or profits based on the results of your simulated trading, nor will you
be required to pay any losses.
1.6. NONE OF THE SERVICES PROVIDED TO YOU BY THE PROVIDER CAN BE CONSIDERED
INVESTMENT SERVICES IN ACCORDANCE WITH APPLICABLE LAWS. THE PROVIDER DOES
NOT GIVE OR PROVIDE TO YOU ANY GUIDANCE, INSTRUCTIONS, OR INFORMATION
ABOUT HOW OR IN WHICH MANNER YOU SHOULD PERFORM TRANSACTIONS WHEN
USING THE SERVICES OR OTHERWISE, OR ANY OTHER SIMILAR INFORMATION ABOUT
THE INVESTMENT TOOLS TRADED, NOR DOES THE PROVIDER ACCEPT ANY SUCH
GUIDANCE, INSTRUCTIONS, OR INFORMATION FROM YOU. NONE OF THE SERVICES
CONSTITUTE INVESTMENT ADVICE OR RECOMMENDATIONS. NO EMPLOYEES, STAFF, OR
REPRESENTATIVES OF THE PROVIDER ARE AUTHORIZED TO PROVIDE INVESTMENT
ADVICE OR RECOMMENDATIONS. SHOULD ANY INFORMATION OR STATEMENT OF ANY
EMPLOYEE, STAFF, OR REPRESENTATIVES OF THE PROVIDER BE INTERPRETED AS
INVESTMENT ADVICE OR RECOMMENDATIONS, THE PROVIDER EXPLICITLY DISCLAIMS
THAT THE SAME IS INVESTMENT ADVICE OR RECOMMENDATIONS AND SHALL NOT BE
RESPONSIBLE FOR THEM.
1.7. Your personal data is processed in accordance with the Privacy Policy.
1.8. The meaning of the definitions, expressions, and abbreviations used in these GTC can be
found in clause 18.
2. SERVICES AND THEIR ORDER
2.1. You can order the Services through the Website by completing the appropriate registration
or order form. After registration, we will e-mail you the login details for the Client Section
and/or Trading Platform and allow you to access them.
2.2. The Services include, among other things, the Free Trial, HYROTRADER Challenge, and Verification
products; these products may differ in the scope of the Services provided
(e.g., by analytical tools available to the Customer). With the Free Trial, you may use
some of the Services within a limited scope and for a limited period free of charge.
Completing the Free Trial does not entitle you to access any other Services.
2.3. All data that you provide to us through the registration or order form, the Client Section,
or otherwise must be complete, true, and up to date. You must immediately notify us
of any change in your data or update the data in your Client Section. The Customer is
responsible for all the provided data being accurate and up to date; the Provider is not
obligated to verify the data.
2.4. You acknowledge that if you provide an identification number, tax registration number
or other similar information in the registration or order form or in the Client Section,
or if you state that you are a legal entity, you will be considered as an entrepreneur
(trader) for the purposes of these GTC and when using the Services, and the provisions
of these GTC or the applicable law that grant rights to consumers will not apply to you.
2.5. The fee for the HYROTRADER Challenge varies according to the option selected and depends on
the amount of the initial capital, the degree of the acceptable risk, the parameters that
must be fulfilled so that the conditions of the HYROTRADER Challenge and the subsequent
Verification are met, and possibly other configurations. More detailed information on
individual options and fees for those options are provided on our Website here. The final
fee will be determined based on the option you select when completing the form for
ordering the HYROTRADER Challenge. The Provider reserves the right to also provide the Services
under individually agreed conditions. All individually agreed conditions shall be determined
by the Provider at its own discretion. Individual discounts and other benefits may not be
combined, unless expressly stipulated otherwise by the Provider.
2.6. The fee is paid for allowing you to access the HYROTRADER Challenge, or the Services provided
under the HYROTRADER Challenge. The Customer is not entitled to a refund of the fee, for
example, if the Customer cancels the Customer’s Client Section or requests the
cancellation by e-mail, if the Customer terminates the use of the Services prematurely
(for example, fails to complete the HYROTRADER Challenge or the Verification), fails to meet the
conditions of the HYROTRADER Challenge or the Verification, or violates these GTC.
2.7. If the Customer lodges an unjustifiable complaint regarding the paid fee or disputes
the paid fee with the Customer’s bank or payment service provider (e.g. through
chargeback services, dispute services, or other similar services), on the basis of which
an annulment, cancellation or refund of the fee or any part thereof is requested,
the Provider is entitled, at its own discretion, to stop providing to the Customer any
services and refuse any future provision of any services.
2.8. Your choice of the option of the HYROTRADER Challenge that you select when making an order
shall also apply to the subsequent Verification. You will start the subsequent Verification
and, possibly, other products related thereto, with the parameters and the same currency
that correspond to the option of the HYROTRADER Challenge selected by you. Once you make a
selection, it is not possible to change it.
If you are ordering a new HYROTRADER Challenge, the restrictions specified in this clause 2.8
shall not apply.
2.9. The Provider reserves the right to unilaterally change the fees and parameters
of the Services at any time, including the parameters for their successful completion.
The change does not affect the Services purchased before the change is notified.
2.10. Any data entered in the order form can be checked, corrected, and amended until
the binding order of the Services. The order of the Services of your choice is made by
submitting the order form. The Provider will immediately confirm the receipt of your order
to your e-mail address. In the case of the Free Trial, the order is completed upon the
delivery of the confirmation to your e-mail address, whereby the contract is executed.
In the case of the HYROTRADER Challenge, the order is completed upon the payment of the fee
for the selected option (more on this in clause 3.4), whereby the contract between you
and the Provider is executed, the subject of which is the provision of the HYROTRADER Challenge
and, if the conditions of the HYROTRADER Challenge are met, the Verification. The contract is
concluded in English. We archive the contract in electronic form and do not allow access
to it.
2.11. You acknowledge that in order to use our Services, you must obtain the appropriate
technical equipment and software, including third-party software (e.g., software for
the use of the Trading Platform), at your own risk and expense. The Website is accessible
from the most commonly used web browsers. The internet access, purchase of the
equipment, and purchase of the web browser and its updates are at your own risk
and expense. The Provider does not warrant or guarantee that the Services will be
compatible with any specific equipment or software. The Provider does not charge any
additional fees for the internet connection.
2.12. You acknowledge that the operators of trading platforms are persons or entities different
from the Provider and that their own terms and conditions and privacy policies will apply
when you use their services and products. Before sending an order form, you are obligated
to read those terms and conditions and privacy policies.
2.13. If the Customer places an unusually large number of orders for the Services within an
unreasonably short period of time, the Provider may notify the Customer through the
Client Section as a protective precaution to mitigate potentially harmful behaviour of the
Customer. If such unreasonable behaviour continuous after such notice, we reserve the
right to suspend any further orders of the Services by the Customer. If we identify that
the unusual behaviour as per this paragraph relates to the Customer’s involvement in
Forbidden Trading Practices, we may take respective actions as perceived in Section 5 of
this GTC. The Provider reserves the right to determine, at its own discretion, the nature
of the behaviour described above and reasonable boundaries for such determination.
3. PAYMENT TERMS
3.1. The amounts of fees for the HYROTRADER Challenge options are in euros. The fee can also be paid
in other currencies that are listed on the Website. If you select any other currency than
the euro, the amount of the fee for the selected option of the HYROTRADER Challenge shall be
converted by our rates and it will automatically display your payment total in your chosen
currency, so you know how much you are paying before you confirm the order. The
Customer acknowledges that if the payment is made in a currency other than the one the
Customer has chosen on the Website, the amount will be converted according to the
current exchange rates valid at the time of payment.
3.2. Service charges are inclusive of all taxes. If the Customer is an entrepreneur (trader), he
is obliged to fulfil all his tax obligations in connection with the use of our Services in
accordance with applicable law, and in the event of an obligation, he is obliged to pay tax
or other fees properly.
3.3. You can pay the fee for the selected option of the HYROTRADER Challenge by a payment card, via
a bank transfer, or using other means of payment that the Provider currently offers on the
Website.
3.4. In the event of payment by a payment card or via any other express payment method,
the payment shall be made immediately. If you select a bank transfer for payment, we
will subsequently send you a proforma invoice in electronic form with the amount of the
fee for the option of the HYROTRADER Challenge you have chosen on the Website. You undertake
to pay the amount within the period specified in the proforma invoice. The fee is
considered paid when its full amount is credited to the Provider’s account. If you do not
pay the amount on time, the Provider is entitled to cancel your order. Customer bears all
fees charged to Customer by the selected payment service provider (according to the valid
pricelist of the payment service provider) in connection with the transaction and the
Customer is obliged to ensure that the respective fee for the selected HYROTRADER Challenge is
paid in full.
4. CLIENT SECTION AND TRADING PLATFORM
4.1. Only one Client Section is permitted per Customer and all of the Customer’s Services must
be maintained in the Client Section.
4.2. The total number of HYROTRADER Challenges and Verifications per one Client Section may be
limited depending on the total sum of the initial capital amounts of the products ordered
by the Customer or on the basis of other parameters. Unless the Provider grants an
exception to the Customer, the initial capital amounts may not be transferred between the
individual products or mutually combined. You may also not transfer or combine your
performance, Service parameters, data, or any other information between the products.
4.3. Access to the Client Section and Trading Platform is protected by login data, which
the Customer may not make available or share with any third party. If the Customer has
registered as a legal entity, the Customer may allow the use of the Services through the
Customer’s Client Section to the authorized employees and representatives. The Customer
is responsible for all activities that are performed through the Customer’s Client Section
or Trading Platform. The Provider bears no responsibility, and the Customer is not entitled
to any compensation, for any misuse of the Client Section, Trading Platform, or any part
of the Services, nor is the Provider responsible for any negative consequences thereof for
the Customer, if such misuse occurs for any reasons on the part of the Customer.
4.4. The Customer acknowledges that the Services may not be available around the clock,
particularly with respect to maintenance, upgrades, or any other reasons. In particular,
the Provider bears no responsibility, and the Customer is not entitled to any compensation,
for the unavailability of the Client Section or Trading Platform and for damage or loss
of any data or other content that Customer uploads, transfers or saves through the Client
Section or Trading Platform.
4.5. The Customer may at any time request the cancellation of the Client Section by sending
an e-mail to [email protected]. Sending a request for the cancellation of the Client
Section is considered as a request for termination of the contract by the Customer, with
the Customer being no longer entitled to use the Services, including the Client Section
and Trading Platform. The Provider will immediately confirm the receipt of the request to
the Customer by e-mail, whereby the contractual relationship between the Customer and
the Provider will be terminated. In such a case, the Customer is not entitled to any refund
of the fees already paid or costs otherwise incurred.
5. RULES OF DEMO TRADING
5.1. During the demo trading on the Trading Platform, you may perform any transactions,
unless these constitute forbidden trading strategies or practices within the meaning
of clause 5.4. You also agree to follow good market standard rules and practices for trading
on financial markets (e.g., risk management rules). Restrictions may also be imposed by
the trading conditions of the Trading Platform that you have selected for trading.
5.2. You acknowledge that the Provider has access to information about the demo trades that
you perform on the Trading Platform. You grant the Provider your consent to share this
information with persons/entities who are in a group with the Provider or who are
otherwise affiliated with the Provider, and you grant the Provider and these
persons/entities your consent and authorization to handle this information at their own
will. You agree that these activities may be performed automatically without any further
consent, consultation, or approval on your part being necessary, and that you are not
entitled to any remuneration or revenue associated with the use of the data
by the Provider. The Provider is aware that you do not provide the Provider with any
investment advice or recommendations through your demo trading. You acknowledge that
you may suspend your demo trading on the Trading Platform at any time.
5.3. The Provider bears no responsibility for the information displayed on the Trading Platform,
nor for any interruption of, or delay or inaccuracy in the market information displayed
through your Client Section.
5.4. FORBIDDEN TRADING PRACTICES.
5.4.1. DURING THE DEMO TRADING, IT IS PROHIBITED TO:
(a) KNOWINGLY OR UNKNOWINGLY USE TRADING STRATEGIES THAT
EXPLOIT ERRORS IN THE SERVICES SUCH AS ERRORS IN DISPLAY
OF PRICES OR DELAY IN THEIR UPDATE;
(b) PERFORM TRADES USING AN EXTERNAL OR SLOW DATA FEED;
(c) PERFORM, ALONE OR IN CONCERT WITH ANY OTHER PERSONS,
INCLUDING BETWEEN CONNECTED ACCOUNTS, OR ACCOUNTS HELD
WITH DIFFERENT HYROTRADER ENTITIES, TRADES OR COMBINATIONS OF
TRADES THE PURPOSE OF WHICH IS TO MANIPULATE TRADING, FOR
EXAMPLE BY SIMULTANEOUSLY ENTERING INTO OPPOSITE POSITIONS;
(d) PERFORM TRADES IN CONTRADICTION WITH THE TERMS AND
CONDITIONS OF THE PROVIDER AND THE TRADING PLATFORM;
(e) USE ANY SOFTWARE, ARTIFICIAL INTELLIGENCE, ULTRA-HIGH SPEED,
OR MASS DATA ENTRY WHICH MIGHT MANIPULATE, ABUSE, OR GIVE
YOU AN UNFAIR ADVANTAGE WHEN USING OUR SYSTEMS OR
SERVICES;
(f) PERFORM GAP TRADING BY OPENING TRADE(S):
(I) WHEN MAJOR GLOBAL NEWS, MACROECONOMIC EVENT OR
CORPORATE REPORTS OR EARNINGS (“EVENTS”), THAT MIGHT
AFFECT THE RELEVANT FINANCIAL MARKET (I.E. MARKET THAT
ALLOWS TRADING OF FINANCIAL INSTRUMENTS THAT MIGHT BE
AFFECTED BY THE EVENTS), ARE SCHEDULED; AND
(II) 2 HOURS OR LESS BEFORE A RELEVANT FINANCIAL MARKET IS
CLOSED FOR 2 HOURS OR LONGER.; OR
(g) OTHERWISE PERFORM TRADES IN CONTRADICTION WITH HOW
TRADING IS ACTUALLY PERFORMED IN THE FUTURES MARKET OR IN ANY
OTHER FINANCIAL MARKET, OR IN A WAY THAT ESTABLISHES
JUSTIFIED CONCERNS THAT THE PROVIDER MIGHT SUFFER FINANCIAL
OR OTHER HARM AS A RESULT OF THE CUSTOMER’S ACTIVITIES (E.G.
OVERLEVERAGING, OVEREXPOSURE, ONE-SIDED BETS, ACCOUNT
ROLLING).
5.4.2. As our Customer, you should understand and agree that all our Services are
for Customer’s personal use only, meaning that only you personally can access
your HYROTRADER Challenge and Verification accounts and perform trades. For that
reason, you should not, and you agree not to,
(a) allow access to and trading on your HYROTRADER Challenge and Verification
accounts by any third party nor you shall engage or cooperate with any
third party in order to have such third party perform trades for you,
whether such third party is a private person or a professional;
(b) access any third-party HYROTRADER Challenge and Verification accounts, trade
on behalf of any third party or perform any account management or
similar services, where you agree to trade, operate or manage the HYROTRADER
Challenge and Verification accounts on behalf of another user, all whether
performed as a professional or otherwise.
Please note that if you act or behave in contradiction with the aforesaid, we
will consider such action/behaviour as a Forbidden Trading Practice under
Section 5.4. with respective consequences as perceived under this GTC.
5.4.3. Furthermore, Customer shall not exploit the Services by performing trades
without applying market standard risk management rules for trading on
financial markets, this includes, among others, the following practices (i)
opening substantially larger position sizes compared to Customer’s other
trades, whether on this or any other Customer’s account, or (ii) opening
substantially smaller or larger number of positions compared to Customer’s
other trades, whether on this or any other Customer’s account.
The Provider reserves the right to determine, at its own discretion, whether certain trades,
practices, strategies, or situations are Forbidden Trading Practices.
5.5. If the Customer engages in any of the Forbidden Trading Practices described in clause 5.4,
(i) the Provider may consider it as a failure to meet the conditions of the particular HYROTRADER
Challenge or Verification, (ii) the Provider may remove the transactions that violate
the prohibition from the Customer’s trading history and/or not count their results in the
profits and/or losses achieved by the demo trading, (iii) to immediately cancel all Services
provided to the Customer and subsequently terminate this Agreement, or (iv) reduce the
offered leverage on products to 1:5 on any or all Customer’s accounts.
5.6. In case when some or all Forbidden Trading Practices are executed on one or more HYROTRADER
Challenge and Verification accounts of one Customer, or accounts of various Customers,
or by combining trading through HYROTRADER Challenge and Verification accounts and HYROTRADER
Trader accounts, then the Provider is entitled to cancel all Services and terminate all
respective contracts related to any and all Customer’s HYROTRADER Challenge and Verification
accounts and/or apply other measures in Clause 5.5. The Provider may exercise any and
all actions in Clauses 5.5 and 5.6 at its own discretion.
5.7. If any HYROTRADER Trader accounts were used for or were involved in the Forbidden Trading
Practices, this may and will constitute a breach of respective terms and conditions for
HYROTRADER Trader account with third-party provider and may result in cancellation of all such
user accounts and termination of respective agreements by the third-party provider.
5.8. If the Customer engages in any of the practices described in clause 5.4 repeatedly,
and the Provider has previously notified the Customer thereof, the Provider may prevent
the Customer from accessing all Services or their parts, including access to the Client
Section and Trading Platform, without any compensation. In such a case, the Customer is
not entitled to a refund of the fees paid.
5.9. The Provider does not bear any responsibility for trading or other investment activities
performed by the Customer outside the relationship with the Provider, for example
by using data or other information from the Client Section, Trading Platform, or otherwise
related to the Services in real trading on financial markets, not even if the Customer uses
for such trading the same Trading Platform that the Customer uses for demo trading.
5.10. DEVELOPMENTS IN FINANCIAL MARKETS ARE SUBJECT TO FREQUENT AND ABRUPT
CHANGES. TRADING ON FINANCIAL MARKETS MAY NOT BE PROFITABLE AND CAN LEAD
TO SIGNIFICANT FINANCIAL LOSSES. ANY PREVIOUS PERFORMANCES AND PROFITS OF
THE CUSTOMER’S DEMO TRADING ARE NOT A GUARANTEE OR INDICATION OF ANY
FURTHER PERFORMANCE.
6. HYROTRADER CHALLENGE AND VERIFICATION
6.1. After paying the fee for the selected option of the HYROTRADER Challenge, the Customer will
receive the relevant login data for the Trading Platform at the e-mail address provided by
the Customer or in the Client Section. The Customer activates the HYROTRADER Challenge by
opening the first demo trade in the Trading Platform. IF YOU ARE A CONSUMER, YOU
ACKNOWLEDGE THAT, BY OPENING THE FIRST DEMO TRADE, YOU EXPRESSLY DEMAND
THE PROVIDER TO COMPLETE THE SERVICES BEFORE THE EXPIRY OF THE PERIOD FOR
WITHDRAWAL FROM THE CONTRACT, WHICH AFFECTS YOUR RIGHT TO WITHDRAW FROM
THE CONTRACT, AS SPECIFIED IN MORE DETAIL IN CLAUSE 12. If you do not activate the
HYROTRADER Challenge within 30 calendar days of the date on which it was made available to
you, your access to it will be suspended. You can request the renewal of access via the
Client Section or by sending an e-mail to [email protected] within 6 months of the initial
suspension, otherwise we will terminate the provision of the Services without any right to
a refund of the fee. The HYROTRADER Challenge lasts for 30 calendar days from the date of its
activation.
6.2. In order for the Customer to meet the conditions of the HYROTRADER Challenge, the Customer
must fulfil all of the following parameters at the same time by the end of the HYROTRADER
Challenge:
6.2.1. during the HYROTRADER Challenge, the Customer has opened at least one demo
trade on at least ten different calendar days;
6.2.2. in the course of none of the calendar days during the HYROTRADER Challenge did
the Customer report a loss on any demo trades opened and closed on that
day, which would exceed the percentage of the initial capital for the
respective option as described below:
HYROTRADER Challenge
in total 5% of the initial capital
6.2.3. at no time during the HYROTRADER Challenge did the Customer report a loss on
any opened and closed demo transactions, which would exceed in total
the percentage of the initial capital for the respective option as described
below:
HYROTRADER Challenge
in total 10% of the initial capital
6.2.4. during the HYROTRADER Challenge, the Customer reported a total profit on all
closed demo trades amounting to at least the percentage of the initial
capital for the respective option as described below:
HYROTRADER Challenge
in total 10% of the
initial capital
The above parameters are explained in more detail here on the Website.
6.3. If the Customer has met the conditions of the HYROTRADER Challenge specified in clause 6.2, and
at the same time has not violated these GTC, in particular the rules of demo trading under
clause 5.4, the Provider will evaluate the HYROTRADER Challenge as successful and will make the
Verification available to the Customer free of charge by sending login details to the
Customer’s e-mail address or Client Section. The Customer may request the evaluation of
the HYROTRADER Challenge at any time by sending a request to [email protected] or via the
Client Section. The Provider does not have to evaluate the HYROTRADER Challenge if the Customer
has not closed all trades.
6.4. The Customer activates the Verification by opening the first demo trade in the Trading
Platform. If the Customer does not activate the Verification within 30 calendar days from
the day on which the Customer received the new login data, the Customer’s access to the
Verification will be suspended. The Customer may request the renewal of access via the
Client Section or by sending an e-mail to [email protected] within 6 months of the
suspension, otherwise we will terminate the provision of the Services without any right to
a refund. The Verification lasts for 60 calendar days from the date of its activation.
6.5. In order for the Customer to meet the conditions of the Verification, the Customer must
fulfil all of the following parameters at the same time by the end of the Verification:
6.5.1. during the Verification, the Customer has opened at least one demo trade
on at least ten different calendar days;
6.5.2. in the course of none of the calendar days during the Verification did the
Customer report a loss on any demo trades opened and closed on that
day, which would exceed the percentage of the initial capital for the
respective option as described below:
Verification
in total 5% of the initial capital
6.5.3. at no time during the Verification did the Customer report a loss on the
sum of the opened and closed demo trades, which would exceed in total
the percentage of the initial capital for the respective option as described
below:
Verification
in total 10% of the initial capital
6.5.4. at the end of the Verification, the Customer reported a closed profit from
all performed demo trades amounting to at least the percentage of the
initial capital for the respective option as described below:
Verification
in total 5% of the initial capital
The above parameters are explained in more detail here on the Website.
6.6. For the Customer to meet conditions of the Verification, the Customer shall comply with
the following:
6.6.1. Customer has met the conditions of the Verification specified in clause
6.5;
6.6.2. Customer has not violated these GTC, in particular, the rules of demo
trading under clause 5.4; and
6.6.3. Customer has not exceeded the maximum total amount of the capital
allocation of USD 200,000, individually or in combination, per Customer or per each trading strategy,
within the meaning of applicable HYROTRADER Trader Program agreement, if
Customer is already participating in the HYROTRADER Trader Program.
If the above conditions are met, the Provider will evaluate the Verification as successful
and will recommend the Customer as a candidate for HYROTRADER Trader program. The Customer
may request the evaluation of the Verification at any time by sending a request
to [email protected] or via the Client Section. The Provider does not have to evaluate
the Verification if the Customer has not closed all transactions.
6.7. If during the HYROTRADER Challenge the Customer does not comply with some of the conditions
specified in clause 6.2, the HYROTRADER Challenge will be evaluated as unsuccessful, and the
Customer will not be allowed access to the subsequent Verification. If during the
Verification the Customer does not comply with any of the conditions specified in clause
6.5, the Verification will be evaluated as unsuccessful, and the Customer will not be
recommended as a candidate for the HYROTRADER Trader program. In such cases, the Customer’s
account and Services will be cancelled without refund of fees already paid.
6.8. Provider recommending Customer as a candidate for the HYROTRADER Trader Program in no way
guarantees Customer’s acceptance into the HYROTRADER Trader Program. The Provider is not
responsible for Customer being rejected by the HYROTRADER Trader Program for any or no reason.
7. HYROTRADER TRADER
If the Customer is successful in both the Challenge and Verification, the Customer may be
offered a contract by a third-party company, in its sole discretion to participate in the
HYROTRADER Trader Program. The terms, conditions, and agreement between the Customer and
a third-party company are strictly between the Customer and the third-party company.
Hyro Finance, j. s. a. is in no way involved with the HYROTRADER Trader Program
agreement—or lack thereof—executed between the third-party company and the
Customer. The Customer acknowledges their personal data may be shared with a third-
party company for purposes of considering offering such a contract.
8. USE OF THE WEBSITE, SERVICES AND OTHER CONTENT
8.1. The Website and all Services, including the Client Section, their appearance
and all applications, data, information, multimedia elements such as texts, drawings,
graphics, design, icons, images, audio and video samples, and any other content that may
form the Website and the Services (collectively as the “Content”), are subject to legal
protection pursuant to copyright laws and other legal regulations and are the property of
the Provider or the Provider’s licensors. The Provider grants you limited, non-exclusive,
non-transferable, non-assignable, non-passable, and revocable permission to use the
Content for the purpose of using the Services for your personal use and in accordance
with the purpose for which the Services are provided. The Content is not sold or otherwise
transferred to you and remains the property of the Provider or the Provider’s licensors.
8.2. All trademarks, logos, trade names, and other designations are the property of the
Provider or Provider’s licensors, and the Provider does not grant you any authorization to
use them.
8.3. Both the Customer and the Provider undertake to act in accordance with the principles
of fair dealing in the performance of the contract and in mutual negotiations and, in
particular, not to damage the good reputation and legitimate interests of the other party.
The Customer and the Provider will resolve any possible disagreements or disputes
between them in accordance with these GTC and the applicable law.
8.4. Except for the rights expressly set out in these GTC, the Provider does not grant you any
other rights relating to the Services and other Content. You may only use the Services
and other Content as set out in these GTC.
8.5. When accessing the Services and other Content, the following is prohibited:
8.5.1. to use any tools that may adversely affect the operation of the
Website and Services or that would be intended to take advantage of
errors, bugs or other deficiencies of the Website and Services;
8.5.2. to circumvent geographical restrictions of availability or any other
technical restrictions;
8.5.3. to make copies or back-ups of the Website and other Content;
8.5.4. to reverse-engineer, decompile, disassemble or otherwise modify
the Website and other Content;
8.5.5. to sell, rent, lend, license, distribute, reproduce, spread, stream,
broadcast or use the Services or other Content otherwise than
as permitted;
8.5.6. to use automated means to view, display or collect information
available through the Website or Services; and
8.5.7. to use any other tools or means the use of which could cause
any damage to the Provider.
8.6. The provisions of clause 8 are not intended to deprive the Customer of the Customer’s
consumer rights which cannot be excluded by law.
9. DISCLAIMER
9.1. YOU ACKNOWLEDGE THAT THE SERVICES AND OTHER CONTENT ARE PROVIDED “AS IS”
WITH ALL THEIR ERRORS, DEFECTS AND SHORTCOMINGS, AND THAT THEIR USE IS AT
YOUR SOLE RESPONSIBILITY AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY THE
MANDATORY LAWS, THE PROVIDER DISCLAIMS ANY STATUTORY, CONTRACTUAL,
EXPRESS, AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTY OF
QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT OF ANY RIGHTS.
9.2. TO THE EXTENT PERMITTED BY THE MANDATORY PROVISIONS OF THE APPLICABLE
LAWS, THE PROVIDER IS NOT RESPONSIBLE FOR ANY HARM, INCLUDING ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFIT, LOSS OF DATA, PERSONAL OR OTHER NON-MONETARY HARM OR PROPERTY
DAMAGE CAUSED AS A RESULT OF USE OF THE SERVICES OR RELIANCE ON ANY TOOL,
FUNCTIONALITY, INFORMATION OR ANY OTHER CONTENT AVAILABLE IN CONNECTION
WITH THE USE OF THE SERVICES OR ELSEWHERE ON THE WEBSITE. THE PROVIDER IS
NOT RESPONSIBLE FOR ANY PRODUCTS, SERVICES, APPLICATIONS OR OTHER THIRD-
PARTY CONTENT THAT THE CUSTOMER USES IN CONNECTION WITH THE SERVICES. IN
CASE THE PROVIDER’S LIABILITY IS INFERRED IN CONNECTION WITH THE OPERATION
OF THE WEBSITE OR PROVISION OF THE SERVICES BY A COURT OF JUSTICE OR ANY
OTHER COMPETENT AUTHORITY, THIS LIABILITY SHALL BE LIMITED TO THE AMOUNT
CORRESPONDING TO THE FEE PAID BY THE CUSTOMER FOR THE SERVICES IN
CONNECTION WITH WHICH THE CUSTOMER HAS INCURRED THE LOSS.
9.3. The Provider reserves the right to modify, change, replace, add, or remove any elements
and functions of the Services at any time without any compensation.
9.4. The Provider is not responsible for its failure to provide the purchased Services if that
failure occurs due to serious technical or operational reasons beyond the Provider’s
control, in the case of any crisis or imminent crisis, natural disaster, war, insurrection,
pandemic, a threat to a large number of people or other force majeure events, and/or
if the Provider is prevented from providing the Services as a result of any obligations
imposed by law or a decision of a public authority.
9.5. The provisions of Clause 9 are not intended to deprive the Customer of the Customer’s
consumer or other rights that cannot be excluded by law.
10. VIOLATION OF THE GTC
10.1. IF THE CUSTOMER VIOLATES ANY PROVISION OF THESE GTC IN A MANNER THAT MAY
CAUSE ANY HARM TO THE PROVIDER, IN PARTICULAR, IF THE CUSTOMER ACCESSES THE
SERVICES IN CONFLICT WITH CLAUSE 1.3 OR 1.4, IF THE CUSTOMER PROVIDES
INCOMPLETE, UNTRUE OR NON-UPDATED INFORMATION IN CONFLICT WITH CLAUSE 2.3,
IF THE CUSTOMER ACTS IN A MANNER THAT MAY DAMAGE THE PROVIDER’S GOOD
REPUTATION, IF THE CUSTOMER VIOLATES THE DEMO TRADING RULES PURSUANT TO
CLAUSE 5.4, IF THE CUSTOMER ACTS IN CONFLICT WITH CLAUSE 8.3, AND/OR
IF THE CUSTOMER PERFORMS ANY OF THE ACTIVITIES REFERRED TO IN CLAUSE 8.5,
THE PROVIDER MAY PREVENT THE CUSTOMER FROM ORDERING ANY OTHER SERVICES
AND COMPLETELY OR PARTIALLY RESTRICT THE CUSTOMER’S ACCESS TO ALL OR ONLY
SOME SERVICES, INCLUDING ACCESS TO THE CLIENT SECTION AND TRADING
PLATFORM, WITHOUT ANY PRIOR NOTICE AND WITHOUT ANY COMPENSATION.
11. COMMUNICATION
11.1. You acknowledge that all communication from the Provider or its partners in connection
with the provision of Services will take place through the Client Section or your e-mail
address, which you register with us. Written electronic communication by e-mail
or through the Client Section is also considered to be written communication.
11.2. Our contact e-mail address is [email protected] and our contact address is Kopčianska 10 851 01 Bratislava – mestská časť Petržalka.
12. RIGHT TO WITHDRAW FROM A CONTRACT
12.1. If you are a consumer, you have the right to withdraw from a contract without giving a
reason within 14 days of its execution (see clause 2.10 for details on the time of execution
of the agreement). PLEASE NOTE THAT IF YOU START PERFORMING DEMO TRADES
BEFORE THE EXPIRY OF THE SPECIFIED TIME LIMIT, YOU LOSE YOUR RIGHT TO
WITHDRAW FROM THE CONTRACT.
12.2. Your withdrawal from the contract must be sent to our e-mail address [email protected]
within the specified time limit. You can use the template form available here to withdraw.
We will confirm the receipt of the form to you in text form without undue delay. If you
withdraw from the contract, we will refund you without undue delay (no later than 14 days
after your withdrawal from the contract) all fees we have received from you, in the same
way in which you paid them.
12.3. The Provider is entitled to immediately withdraw from the Contract in the case of any
breach by the Customer specified in Clause 10.
13. DEFECTIVE PERFORMANCES
13.1. If the Services do not correspond to what was agreed or have not been provided to you,
you can exercise your rights from defective performance. The Provider does not provide
any guarantee for the quality of the services. You must notify us of the defect without
undue delay at our e-mail address or at our address listed in clause 11.2. When exercising
the rights from defective performance, you may request that we remedy the defect
or provide you with a reasonable discount. If the defect cannot be remedied, you can
withdraw from the contract or claim a reasonable discount.
13.2. We will try to resolve any complaint you may lodge as soon as possible (no later than
within 30 calendar days), and we will confirm its receipt and settlement to you in writing.
If we do not settle the complaint in time, you have the right to withdraw from the contract.
You can file a complaint by sending an e-mail to our e-mail address [email protected].
14. CHANGES TO THE GTC
14.1. The Provider reserves the right to change these GTC at any time with immediate effect for
new customers and new orders of the Services placed by existing Customers. The Provider
will notify existing Customers of the change to the GTC via the Client Section or by e-mail.
The HYROTRADER Challenge and the subsequent Verification are provided throughout the period
of their duration pursuant to the version of the GTC which was valid and effective at the
time at which the relevant HYROTRADER Challenge was ordered.
15. OUT-OF-COURT CONSUMER DISPUTE SETTLEMENT
15.1. It is our objective that our customers are satisfied with the HYROTRADER services; therefore, if
you have any complaints or suggestions, we will be happy to resolve them directly with
you and you can contact us at our e-mail address or at our address listed in clause 11.2.
15.2. This section 15.2 applies only to a consumer who is at the same time an EU resident. The
Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at
Štěpánská 567/15, 120 00 Prague 2, identification no.: 000 20 869, website:
https://www.coi.cz/en/information-about-adr/, is responsible for the out-of-court
settlement of consumer disputes. You can also use the platform at the following website
to resolve disputes online: https://www.ec.europa.eu/consumers/odr.
16. CHOICE OF LAW AND JURISDICTION
16.1. Any legal relations established by these GTC or related to them, as well as any related
non-contractual legal relations, shall be governed by the laws of the Czech Republic.
Any dispute that may arise in connection with these GTC and/or related agreements
will fall within the jurisdiction of the Czech court having local jurisdiction according to
the registered office of the Provider.
16.2. The provisions of clause 16.1 do not deprive the consumers of the protection afforded
to them by the mandatory laws of the relevant Member State of the European Union or any
other jurisdiction.
17. FINAL PROVISIONS
17.1. The Provider has not adopted any consumers codes of conduct.
17.2. These GTC constitute the complete terms and conditions agreed between you and the
Provider and supersede all prior agreements relating to the subject matter of the GTC,
whether verbal or written.
17.3. Nothing in these GTC is intended to limit any legal claims set out elsewhere in these GTC
or arising from the applicable law. If the Provider or any third party authorized thereto
does not enforce the compliance with these GTC, this can in no way be construed
as a waiver of any right or claim.
17.4. The Provider may assign any claim arising to the Provider from these GTC
or any agreement to a third party without your consent. You agree that the Provider may,
as the assignor, transfer its rights and obligations under these GTC or any agreement
or parts thereof to a third party. The Customer is not authorized to transfer or assign
the Customer’s rights and obligations under these GTC or any agreements or parts
thereof, or any receivables arising from them, in whole or in part, to any third party.
17.5. If any provision of the GTC is found to be invalid or ineffective, it shall be replaced
by a provision whose meaning is as close as possible to the invalid provision. The invalidity
or ineffectiveness of one provision shall not affect the validity of the other provisions.
No past or future practice established between the parties and no custom maintained
in general or in the industry relating to the subject-matter of the performance, which is
not expressly referred to in the GTC, shall be applied and no rights and obligations shall
be derived from them for the parties; in addition, they shall not be taken into account
in the interpretation of manifestations of the will of the parties.
17.6. The schedules to the GTC form integral parts of the GTC. In the event of a conflict between
the wording of the main text of the GTC and any schedule thereof, the main text of the GTC
shall prevail.
17.7. Prior to the mutual acceptance of these GTC, the parties have carefully assessed
the possible risks arising from them and accept those risks.
18. DEFINITIONS, EXPRESSIONS AND ABBREVIATIONS USED
18.1. For the purposes of the GTC, the following definitions shall have the following meanings:
18.1.1. “Client Section” means the user interface located on the Website;
18.1.2. “Content” means the Website and all Services, including the Client
Section, their appearance and all applications, data, information,
multimedia elements such as texts, drawings, graphics, design,
icons, images, audio and video samples and other content that may
form the Website and the Services (as set out in clause 8.1);
18.1.3. “Customer” means the user of the Services (as set out in clause
1.1);
18.1.4. “Events” means events as set out in clause 5.4.1(f)(I);
18.1.5. “HYROTRADER Challenge and Verification account” means trading
accounts related to trading education courses provided as part of the
Services by the Provider;
18.1.6. “HYROTRADER Trader account” means a trading account, which relates to
the HYROTRADER Trader program provided by a third-party provider;
18.1.7. “Forbidden Trading Practices” means trading practices strictly
forbidden while using our Services and are more detailed in Section
5.4 of these GTC;
18.1.8. “GTC” means these General Terms and Conditions of HYROTRADER;
18.1.9. “Provider” means the provider of certain Services (as set out
in clause 1.1);
18.1.10. “Schedules” means Schedule 1 and any other Schedules as
applicable, which are part of these GTC;
18.1.11. “Services” means the Provider’s services as set out in clauses 1.1
and 1.5;
18.1.12. “Trading Platform” means an electronic interface provided
by a third party in which the Customer performs the demo trading;
and
18.1.13. “Website” means the website www.HyroTrader.com.
18.2. For the purposes of the GTC and their schedules, the following expressions
and abbreviations shall have the following meanings:
18.2.1. “calendar day” means the period from midnight to midnight
of the time currently valid in the Czech Republic (Central European
(Summer) Time, CE(S)T);
18.2.2. “initial capital” means a fictitious amount that the Customer has
chosen when selecting the option of the HYROTRADER Challenge and which
the Customer will use to perform demo trading;
These GTC shall enter into force and effect on 23.5 2023.
