Overview

Welcome to Topbrain Capital! These Terms of Use govern your use of our website, including all services, tools, and information available through the site. Please carefully read these Terms of Service before accessing or using our website.  By accessing or using our website, you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, please refrain from using our website.

1. Definitions

In these Terms of Use:

“Website” refers to the Topbrain Capital website (www.topbraincapital.com) and all its subdomains.

“User,” “You,” or “Your” refers to any individual or entity who accesses or uses the Website.

“We,” “Us,” or “Our” refers to Topbrain Capital (TC) and its affiliates.

2. Use of Website

2.1. Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our Website.

2.2. Registration: Some features of our Website may require registration. You agree to provide accurate and up-to-date information during the registration process and to keep your account credentials secure. You are responsible for all activities that occur under your account.

2.3. Prohibited Activities: You agree not to engage in any of the following activities while using our Website:

1. a) Violating any applicable laws, regulations, or third-party rights.
2. b) Transmitting any content that is harmful, defamatory, abusive, obscene, or otherwise objectionable.
3. c) Attempting to gain unauthorized access to any part of the Website, other user accounts, or our servers.
4. d) Using any automated means, such as bots, crawlers, or scrapers, to access or interact with our Website.

2.4. Accuracy of Information: While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, or reliability of any content on the Website. Any reliance on such information is at your own risk.

 2.5. Changes to Website: We reserve the right to modify, suspend, or discontinue any aspect of the Website at any time without prior notice. Any new features or tools added to the current website will also be subject to the Terms of Service. You can review the most up-to-date version of the Terms of Service at any time on this page. It is your responsibility to periodically check this page for any changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

3. Financial Information and Risk Disclosure

3.1. Forex Trading: Our Website may provide information related to forex trading and financial markets. This information is for educational and informational purposes only and should not be construed as financial advice.

3.2. Risk Disclosure: Forex trading involves substantial risk and may not be suitable for all investors. Before making any trading decisions, you should carefully consider your investment objectives, level of experience, and risk appetite. You are solely responsible for any trading decisions made based on the information provided on our Website.

3.3. No Guarantees: We do not guarantee the accuracy, reliability, or completeness of any trading signals, strategies, or market analyses presented on our Website. Past performance is not indicative of future results.

4. Intellectual Property

4.1. Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works based on the Website content without our prior written consent.

5. Privacy

5.1. Data Collection: We collect and process personal information in accordance with our Privacy Policy. By using our Website, you consent to our collection and use of your information as outlined in the Privacy Policy.

5.2. Cookies: Our Website may use cookies or similar technologies to enhance your browsing experience. You can manage your cookie preferences through your browser settings.

6. Disclaimer of Warranties

6.1. No Warranty: Our Website is provided on an “as-is” and “as available” basis, without any warranties or representations, express or implied. We do not warrant that the Website will be error-free, uninterrupted, or free of viruses or other harmful components.

6.2. Third-Party Content: Our Website may contain links to third-party websites or content. We do not endorse or assume any responsibility for the accuracy, completeness, or legality of such external content.

7. Limitation of Liability

7.1. Exclusion of Damages: To the extent permitted by applicable law, in no event shall Topbrain Capital or its affiliates be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the Website.

7.2. Indemnification: You agree to indemnify and hold harmless Topbrain Capital and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of your use of the Website or violation of these Terms of Use.

8. Severability and Entire Agreement

8.1. Severability: If any provision of these Terms of Use is deemed invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

8.2. Entire Agreement: These Terms of Use constitute the entire agreement between you and Topbrain Capital regarding your use of the Website and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written.

These Terms and Conditions are in addition to any other agreements between you and Topbrain Capital, including any other agreements or subscriptions that govern your use of information, content, tools, products, and services available on and through the Topbrain Capital websites.

 IMPORTANT INFORMATION: 

U.S regulatory agencies require the following disclosure:

 Hypothetical performance results can offer valuable insights into potential trading strategies, but it is essential to recognize their inherent limitations. These hypothetical results, based on historical data, lack the real-world complexities of financial risk and unforeseen factors. As a result, there can be significant disparities between hypothetical and actual trading outcomes. Traders should exercise caution and consider these limitations before making investment decisions.

Hindsight Advantage and Exclusion of Financial Risk:

One of the primary advantages of hypothetical performance results is the benefit of hindsight. Such results are based on historical data, allowing traders to assess past market movements accurately. However, this advantage often masks the true complexities of real-time trading, where future events and risks are uncertain.

Financial risk is a crucial aspect of actual trading that is absent from hypothetical scenarios. Traders must understand that real-life decisions involve the possibility of incurring losses, which are not accounted for in the hypothetical model. Therefore, reliance solely on hypothetical results can lead to unrealistic expectations and inappropriate risk management.

Unaccounted Factors in Hypothetical Performance:

When preparing hypothetical performances for specific trading programs, several essential factors are impossible to account for accurately. A trader’s ability to endure losses and stick to a trading program in the face of adversity can significantly impact real-world performance.

Market conditions are dynamic and unpredictable, and a hypothetical model may not consider the full extent of changing economic, political, or global factors. As a result, reliance on past performance may not guarantee similar success in the future.

No Guarantee of Future Performance:

Past performance, whether actual or derived from historical tests, does not guarantee future success. Markets are subject to constant change, and historical data might not accurately represent future trends. Traders should approach investment decisions with the understanding that past results may not be indicative of future performance.

Risk of Significant Loss:

Regardless of the asset class you are trading, such as securities, equities, options, futures, or forex, there is always the potential for substantial losses. Investors should be prepared to face losses equal to or greater than their entire investment.

While hypothetical performance results can provide valuable insights and historical context for trading strategies, they come with limitations that traders must be aware of. The absence of financial risk, inability to account for unforeseen factors, and the lack of guarantee for future success necessitate cautious decision-making.

It is crucial for traders to seek advice from financial advisors or brokers before making investment decisions. Additionally, understanding the inherent risks involved in trading securities, equities, options, futures, or forex is vital in managing expectations and maintaining a prudent approach to trading.

CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL, OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DISCUSSED WITHIN THIS SITE, SUPPORT AND TEXTS. OUR COURSE(S), PRODUCTS AND SERVICES SHOULD BE USED AS LEARNING AIDS ONLY AND SHOULD NOT BE USED TO INVEST REAL MONEY. IF YOU DECIDE TO INVEST REAL MONEY, ALL TRADING DECISIONS SHOULD BE YOUR OWN.