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LEGAL

Risk Disclosure

Achieve financial growth with our advanced platform. Trade simulated funds and refine your skills risk-free.

Risk Disclosure

All Clients and prospective Clients (alternatively, “you”, “your”) should read the following risk disclosure and warnings in this document before applying to ThinkCapital (“the Company, “us” “our”) for a demo account and/or trading account and before you begin to trade with us. However, it is noted that this document cannot and does not disclose or explain all of the risks and other significant aspects involved in dealing with CFDs or any additional products that might be offered by us. This disclosure is designed to explain in general terms the nature of the risks involved when trading with CFDs or any additional products on a fair and non- misleading basis.

ThinkCapital’s content is intended to be generic in nature. A recommendation, endorsement, or sponsorship of any security, company, or fund is not intended by our information. Lesser-known clients or consumers may not be represented in testimonials on our websites. We, our partners, representatives, agents, employees, and contractors accept no responsibility or liability for any use or misuse of such information.

Past experience does not guarantee future results. Any trading success enjoyed by others does not guarantee a similar result for you. Proprietary trading can be extremely risky and traders should be prepared to lose all of the funds that they use for trading.

Proprietary trading may involve the use of leverage, which involves borrowing funds and/or securities in order to take positions in securities where the aggregate value of those positions exceeds the capital of the proprietary account associated with such trader. It is important that you fully understand the risks involved in trading securities using leverage, which includes the possibility of losing more capital than deposited in the account.

Trading in CFDs or any other type of product is very speculative and highly risky and might not be suitable for all members of the general public but only for those investors who:

• Understand and are willing to assume the economic, legal and other risks involved;
• Took into account that their personal financial circumstances, financial resources, lifestyle and

obligations are financially able to assume the loss of their entire investment;
• Have the knowledge to understand CFD trading, and the underlying assets and various markets.

ThinkCapital will not provide you with any advice relating to CFDs or available products, the underlying assets and markets or make investment recommendations of any kind. If you need help understanding the risks involved, you should seek advice and consultation from an independent financial advisor. If you still need to understand the risks involved in trading in CFDs, you should not trade at all.

CFDs are derivative financial instruments deriving their value from the prices of the underlying assets/markets they refer to; for example, currency pairs, equity indices, stocks, metals, indices futures, forwards, etc.). It is essential, therefore, that you understand the risks associated with trading in the relevant underlying asset/market because fluctuations in the price of the underlying asset/market will affect the profitability of your trade.

Market liquidity is a security’s ability to be sold without causing a significant movement in the price. There may be decreased liquidity in extended hours trading as compared to regular market hours. As a result, in extended hours trading, your order may only be partially executed, or not at all.

Volatility refers to the fluctuations in price that securities undergo during market trading. Generally, the higher the volatility of a security, the greater its price may swing. There may be greater volatility in extended hours trading than in regular market hours. As a result, your order may only be partially executed, or not at all, or you may receive an inferior price in extended hours trading than you would during regular market hours.

When trading on a demo or Funded Account, trades are simulated. Simulated outcomes do not represent actual trading. Because the trades were not actually performed, the outcomes may have under or over-compensated for market conditions like lack of liquidity. Simulated trading programs are generally created with the advantage of hindsight. Notification that any account will or is likely to generate such profit or loss is made.

High Risk Investment

ThinkCapital warns that trading foreign exchange and futures on margin carries a high level of risk and may not be suitable for all investors. The high degree of leverage can work both to your advantage and disadvantage. Before deciding to invest in foreign exchange or futures, you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment; therefore, you should not invest money you cannot afford to lose. You should be aware of all the risks associated with foreign exchange and futures trading and consult an independent financial advisor if you have any doubts.

The Opinions of ThinkCapital Staff and Market Research

ThinkCapital is prohibited from providing you with investment advice or recommendations of any kind. We aim to provide a premier execution service with functional customer support and, as such, strive to give you factual market information and product-specific and/or transaction-specific information at your request. Any decision to use our products or services is made by you alone. Therefore, any or all trades made by you are your sole responsibility.

We may, from time to time and at its discretion, provide you (or in newsletters which it may post on its Website or provide to subscribers via its Website or the Trading Platform or otherwise) with information, recommendations, news, market commentary or other information but not as a service.

Where it does so:
1. We will not be responsible for such information;
2. We give no representation, warranty or guarantee as to the accuracy, correctness or completeness of

such information or as to the tax or legal consequences of any related transaction;
3. This information is provided solely to enable you to make your own investment decisions and does not

amount to investment advice or unsolicited financial promotions to you;
4. If the document contains a restriction on the person or category of persons for whom that document is

intended or to whom it is distributed, you agree that you will not pass it on to any such person or

category of persons;
5. You accept that before dispatch, we may have acted upon itself to use the information it is based on.

We do not make representations as to the time of receipt by you and cannot guarantee that you will receive such information at the same time as other clients.

It is understood that market commentary, news, or other information provided or made available by us is subject to change and may be withdrawn at any time without notice.

ThinkCapital shall not be responsible for any loss arising from any investment based on any recommendation, forecast or other information provided. Any opinions, news, research, analyses, prices, or additional information on this Website are provided as general market commentary and do not constitute investment advice. ThinkCapital will not accept liability for any loss or damage, including, without limitation to any loss of profit, which may arise directly or indirectly from the use of or reliance on such information.

Educational Materials

The materials printed on this Website are solely for informational purposes. No offer or solicitation to buy or sell currencies or commodities or any other type of investment, trading advice or strategy is made, given, or in any manner endorsed by ThinkCapital and/or its affiliates. You shall be fully and solely responsible for any investment or trading decisions you decide to make, and such decisions should be based solely on your

evaluation of your financial circumstances, investment/trading objectives, risk tolerance, and liquidity needs.

Information on this Website does not constitute a specific investment recommendation, business advice, investment opportunity analysis, or any form of general recommendation regarding the trading of investment instruments. ThinkCapital offers services related to simulated trading and educational tools for traders. Before you begin trading, and before you purchase a Challenge, you should carefully assess your trading objectives, needs, experience level, and risk appetite. We strongly advise against investing more than you can afford to lose. We encourage you to fully understand the risks involved and to take necessary precautions to manage them.

Third-Party Links

No warranties are given or implied by ThinkCapital regarding the content of any suggested reading material or the Website (s) that can be accessed through ThinkCapital.com. ThinkCapital shall not be liable in any way for losses or bear any liability of any kind to any person resulting directly or indirectly through the use in any way by such person that the information referred to and/or use of the suggested reading material or the Website (s), if such loss or liability occurs, and whether financial or otherwise. The pages, opinions and/or information contained in the suggested reading materials or related Website(s) are the creation of outside parties and do not necessarily reflect the opinions or representations of ThinkCapital.

Placing contingent orders, such as stop-loss or stop-limit orders, may not necessarily limit your losses to the intended amounts since market conditions, which can become extraordinarily volatile may make it impossible to execute such orders. All positions involve risk and strategies using combinations of spread and straddle positions, which may be as risky as taking long and short positions. Any conflicts regarding pricing will be solved by checking the actual prices in the market at the specific time at which the error occurred. Investors should review their account statements and are responsible for reporting any mistakes found on the account within 24 hours after the information has been issued.

Accuracy of Information

ThinkCapital makes its best effort to keep the information on www.thinkcapital.com (the “Website”) as current and accurate as possible. However, ThinkCapital still cannot guarantee the accuracy of said materials. No single source of information, including www.thinkcapital.com , should be used as the sole basis for any financial decision. ThinkCapital will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Website, nor for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through ThinkCapital.com.

Distribution

The Website is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to laws or regulations. None of the services or investments referred to on our Website are available to persons residing in any country where such services or investments would be contrary to local laws or regulations. It is the responsibility of visitors to the Website to ascertain the terms of and comply with any and all local laws or regulations to which they are subject.

Internet Trading Risks

Additionally, there are risks associated with the use of online deal execution and trading systems, including, but not limited to, software and hardware failure and internet disconnection. ThinkCapital is not responsible for any such losses or failures.

Technical Risks

We place significant importance on the execution of your orders and, at all times, and strive to offer the highest speed of execution possible within the limitations of technology and communication links. You shall be responsible for the risks of financial losses caused by the failure of information, communication, electronic or any other systems. You are responsible for the security of your data. If you undertake transactions on an electronic system (Trading Platform), you will be exposed to system risks, including hardware and software failure (internet / servers). For example, there may be a delay on our platform when receiving an order, and

this may affect the price of execution. Consequently, any system failure may result in the order being either not executed according to your instructions or not executed at all. You do not accept any liability in the case of such a failure.

You acknowledge that any information transmitted by email, shall be considered unencrypted, and therefore is not protected from any unauthorised access or exposure.

While trading through the Trading Platform, you shall be responsible for the risks of financial losses caused by:

1. Your or our hardware or software failure, malfunction or misuse;
2. Poor Internet connection either on the side of you, us, or both. This includes interruptions, transmission blackouts, public electricity network failures, overload of connection or hacker attacks;
3. The wrong settings on the platform;
4. Delayed technical updates;

We are not responsible for any damages or losses resulting from such events which are beyond its control or for any other losses, costs, liabilities, or expenses (including, without limitation, loss of profit) which may result from your inability to access the Website and/or Trading Platform or delay or failure in sending orders or Transactions.

In connection with the use of computer equipment and data and voice communication networks, you bear the following risks, amongst other risks, in which case we have no responsibility or liability for any resulting loss:

  • Power cut of the equipment on your side, the provider or communication operator (including voice communication) that serves you;

  • Physical damage (or destruction) of the communication channels used to link you and provider (communication operator), provider, and the trading or information server of the Client;

  • Outage (unacceptably low quality) of communication via the channels used by you, or us or the channels used by the provider, or communication operator (including voice communication) that the Client or the Company uses;

  • Wrong or inconsistent settings of the Client Terminal;

  • Untimely update of the Client Terminal;

  • The use of communication channels, hardware and software generates the risk of non-reception of a

    message by you from us;

  • Malfunction or non-operability of the Platform, which also includes the Client Terminal.

    You may suffer financial losses caused by the materialisation of the above risks; we accept no responsibility or liability in the case of such a risk materialising, and you shall be responsible for all related losses you may suffer.

    Disruptions in the electronic trading systems or lines used by ThinkCapital and/or platform or service could disrupt trading and the liquidity and availability of timely execution could diminish substantially. If this occurs during periods of volatility, substantial losses may be incurred. In no event shall ThinkCapital be held liable for any losses, claims, liabilities, costs, expenses and damages that occur due to the disruption or failure of any computer, line, hardware, platform, software, or system, regardless of whether such disruptions or failure could have been anticipated by ThinkCapital.

    Service

    ThinkCapital provides you with factual market information and information regarding our transaction procedures, the potential risks involved in trading our products, and risk mitigation tools/techniques.

    All decisions to trade are exclusively and solely yours.

    No Guarantees or Profit

We provide no guarantees of profit or of avoiding any losses when trading. You have received no guarantees from us or its representatives. You are aware of all the risks inherent in trading and are financially able to bear such risks and withstand any losses incurred.

Regulatory and Legal Risk

A change in laws, policies, statutes and regulations may materially impact a financial instrument and investments in a sector or market. A change in laws or regulations made by a government or a regulatory body or a decision reached by a judicial body can increase business operational costs, lessen investment attractiveness, change the competitive landscape and alter an investment’s profit possibilities. This risk is unpredictable and may vary from market to market.

Communication

You shall accept the risk of any financial losses – because they have experienced delays in notices and/or received no notices at all from us.

You acknowledge that any information transmitted by email, shall be considered unencrypted, and therefore is not protected from any unauthorised access or exposure.

You are wholly responsible for the privacy of the information received from us and accept the risk of any financial losses caused by the unauthorised access of a third party to your Trading Account.

We have no responsibility if authorised/unauthorised third persons have access to information, including electronic addresses, electronic communication, personal data and access data, when the above are transmitted between us or any other party, using the internet or other network communication facilities, telephones, or any other electronic means.

Force Majeure Events

In case of a Force Majeure Event, we may not be in a position to arrange for the execution of Client Orders or fulfil its obligations under the Agreement with you. As a result, you may suffer financial loss.

We will not be liable or responsible for any loss or damage arising from any failure, interruption, or delay in performing its obligations under this Agreement where such failure, interruption or delay is due to a Force Majeure event.

In the case of a Force Majeure Event, you shall accept the risk of financial losses.

Commission and Fees

Proprietary trading may result in large commissions, ECN charges and other transactional fees (collectively “fees”), which will be shown on your demo or Funded Account. Such fees will not be charged to you, but rather, are implemented in order to try to simulate the costs and financial dynamics that traders would experience in a live trading scenario. For the avoidance of doubt, such fees are not actual financial transactions but designed to provide a realistic trading experience, to the extent possible, in order to help

traders understand the impact of such fees on their trading strategies and outcomes.

DESCARGO DE RESPONSABILIDAD: Toda la información proporcionada en este sitio tiene como único propósito la educación relacionada con el trading en los mercados financieros y no constituye de ninguna manera una recomendación específica de inversión, recomendación de negocio, análisis de oportunidades de inversión o recomendación sobre el trading de instrumentos de inversión. ThinkCapital solo provee servicios de trading simulado y herramientas educativas para traders. La información en este sitio no está dirigida a residentes de ningún país o jurisdicción donde dicha distribución o uso sean contrarios a las leyes o regulaciones locales. ThinkCapital no actúa como broker ni acepta depósitos ThinkCapital no actúa como corredor y no acepta ningún depósito. La solución técnica ofrecida y el suministro de datos is está impulsado por proveedores de liquidez.