Terms and Conditions

TERMS OF SERVICE
Introduction

Welcome to Xperiencefx (hereinafter referred to as “Company”, “we”, “our”, and “us”)!
These Terms of Service (“Terms” or “Terms of Service”) govern your (hereinafter referred to as the “Client”, “You”) use of the company’s website located at https://xperiencefx.net operated by Xperiencefx. The Agreement sets forth the relationship between the Client and the Company including but not limited to: orders’ execution, Client policies, payments and/or payouts, claims resolution, fraud prevention, communication, and other aspects. Our Privacy Policy also governs your use of our website and explains how we collect, safeguard and disclose information that results from your use of our web pages.
The client’s agreement with the company includes these Terms and Privacy Policy (“Agreements”). The client acknowledges that they have read and understood the Agreements, and agree to be bound by them. If for one reason or the other, a client does not approve of (or cannot comply with) Agreements, then the client may not use the website, but please let us know by emailing hello@xperiencefx.net so we can try to find a solution. These Terms apply to all clients who wish to access or use our website. Any possible arguments between the Client and the Company will be settled in compliance with the Agreement unless stated otherwise.

Comunications

2.1 In order to communicate with the Client the company many use: - Email
- Telephone
- Company's live chat
- SMS
2.2 The company will use contact details provided by the Client whilst opening the Trading Account, and the Client agrees to accept any notices or messages from the Company at any time.
2.3 Any piece of information sent to the Client (documents, notices, confirmations, statements, etc.) shall be deemed received: Within one hour after an email has been sent if the information has been sent by email Within one hour after it has been posted on the Company News Webpage if posted on the Company’s Website.

Contests, and Promotions
Any contests or other promotions (collectively, “Promotions”) made available through our website may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

Subscription and commission
Some parts of our website are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a one-time payment and a recurring profit share. All payments to the Company shall be made in accordance with the Payment Instructions set forth on the Company’s Website. The company will not be liable for any payment to a wrong address

i. The Client shall pay the Company the commissions, charges, and other costs set out in the Agreement. The Company will display all current commissions, charges, and other costs on its website.
ii. The Company may modify commissions, charges, and other costs from time to time without prior notice. All changes in commissions, charges, and other costs are displayed on the Company Website.
iii. By opening an account, the Client unconditionally accepts all fees applicable to his or her account as per trading conditions described on the Company Website.
iv. Should clients default payment for any reason, Xperiencefx reserves the right to terminate your access to the website with immediate effect.

Disclaimer
Xperiencefx disclaimer can be found at https://xperiencefx.net/disclaimer

Fee Changes
Xperiencefx in its sole discretion and at any time may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current trading month. The company will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of our website after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Prohibited Uses
You may use our website only for lawful purposes and in accordance with the Terms. You agree not to use our website: i. In any way that violates any applicable national or international law or regulation. ii. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
iii. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
iv. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
v. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
vi. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our website, or which, as determined by us, may harm or offend the Company or users of our website or expose them to liability.
Furthermore, clients agree not to: i. Use the website in any manner that could disable, overburden, damage, or interfere with any other party’s use of our website, including their ability to engage in real time activities through our website.
ii. Use any robot, spider, or other automatic devices, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.
iii. Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
iv. Use any device, software, or routine that interferes with the proper working of our website.
v. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
vi. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our website, the server on which the website is stored, or any server, computer, or database connected to the website.
vii. Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
viii. Take any action that may damage or falsify the Company rating.
ix. Otherwise attempt to interfere with the proper working of our website.

Analytics
The company reserves the right to use third-party Service Providers to monitor and analyze the use of our website.

No Use by Minors The website is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the website, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of our website.

Accounts
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the website. The client is responsible for maintaining the confidentiality of his account and password, including but not limited to the restriction of access to his computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. The client may not use as a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. Clients may not use as a username any name that is offensive, vulgar, or obscene. The company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Intellectual Property Service, features, and functionality are and will remain the exclusive property of Xperiencefx and its licensors. The website is protected by copyright, trademark, and other laws of foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Xperiencefx.

Error Reporting and Feedback
You may provide us either directly at hello@xperiencefx.net with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our website (“Feedback”). You acknowledge and agree that:
(i) you shall not retain, acquire or assert any intellectual property right or other rights, title, or interest in or to the Feedback;
(ii) Company may have developed ideas similar to the Feedback;
(iii) Feedback does not contain confidential information or proprietary information from you or any third party;
(iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

Disclaimer of Warranty
These services are provided by the company on an “as is” and “as available” basis. The company makes no representations or warranties of any kind, express or implied, as to the operation of its services, or the information, content, or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk. Neither company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither company nor anyone associated with the company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations. Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however, it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if the company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. In a state where the exclusion or limitation of punitive, incidental, or consequential damages is not allowed, the prior limitation or exclusion will not apply to clients of such states
Termination
We may terminate or suspend your account and bar access to the website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using the website. All provisions of Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of London, which governing law applies to the agreement without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our website and supersede and replace any prior agreements we might have had between us regarding the website.
Changes to the company website
We reserve the right to amend our website and any service or material we provide via the website, at our sole discretion without notice. We will not be liable if for any reason all or any part of our website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website, or the entire website, to users, including registered users.

Amendments to Terms
We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our website.
Acknowledgement

By using services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.

TERMS & CONDITIONS GOVERNING THE INSTANT FUNDING PROGRAM
1. There is a maximum drawdown violation policy. The overall drawdown is set at 9%. This means that loss/ floating loss must not exceed 9% of the given balance. Upon violation of this rule, the account will be terminated and revoked by our funds providing partner.
2. The prop trader BOT may not trade as often as XFX smart and XFX SMART PRO due to the DD rule as it trades on far lower risk management strategy in other to protect your account against violation of the DD policy. So, consider trading your own funds as well to maximize profits with any of the XperienceFx regular Bots along side the instant FUNDS provided by us.
3. Upon violation of the DD or hedging policy, the account will be revoked but your subscription will still be active to trade any other prop accounts you may have or you can simply switch to either XFX SMART or XFX SMART PRO. If the violation is caused by the bot, then the switching will be free with no payment of subscription but if violated by a trader then switching will be at 50% of the prevalent cost of subscription at the time.
4. Access to the trading capital will be for as long as the DD or hedging policy is not violated.
5. The profit share is 50/50. At the end of every month, the profits made either by you or the bot will be shared 50/50 . But please note that trading must be done for atleast minimum of 5 trading days before profit split can be done.
6. HEDGING is not allowed. If a trader decided to hedge, it automatically leads to violation and the account will be terminated.
7. Trading Days are Tuesdays, Wednesdays and Thursdays. Traders can choose to trade their account outside these stipulated days to avoid counter trades which maybe seen as hedging except such trade is taken in the same direction with the Bot