Terms & Conditions

For the purposes of these Terms:

• "Services" means all software, tools, Expert Advisors (EAs), indicators, mobile applications, educational materials, and digital content provided by MikeFX34.
• "Software" means Expert Advisors (.ex5 files), indicators, scripts, and any compiled or source code distributed by MikeFX34.
• "Platform" means the MikeFX34 website (mikefx34.com), mobile application, and any associated web services or APIs.
• "Broker" means XM Group (Trading Point of Financial Instruments Ltd.) or any of its regional entities, which is an independent third party and not affiliated with, owned by, or controlled by MikeFX34.
• "Partner Code" means the XM Introducing Broker referral code assigned to MikeFX34 team members (currently: 2J2FT and BCG2K).
• "Trading Account" means your personal brokerage account opened with XM through one of our Partner Codes.

To use our Services, you must:

1. Be at least 18 years of age (or the legal age of majority in your jurisdiction).
2. Have a valid XM Trading account opened under one of our designated Partner Codes (2J2FT or BCG2K). This is a mandatory, non-negotiable requirement for access to all Services.
3. Provide accurate and truthful information during registration, including your real name, valid trading account number, and a reachable WhatsApp number.
4. Not be located in a jurisdiction where forex trading, CFD trading, or the use of automated trading software is prohibited by law.
5. Acknowledge that you understand the risks of forex and CFD trading as outlined in Section 6 of these Terms.

MikeFX34 provides the following types of services:

1. Automated Trading Software (Expert Advisors): Compiled MetaTrader 5 programs that execute trades automatically based on pre-programmed technical rules and algorithms. These are tools, not advice.
2. Technical Indicators: Chart analysis tools for MetaTrader 5 that display visual information on charts. These do not execute trades.
3. Mobile Application: An Android application for monitoring trading account activity and controlling Expert Advisors remotely.
4. Educational Materials: Documents, guides, and courses about trading concepts, technical analysis, and software usage.
5. Community Access: WhatsApp group membership for peer discussion, updates, and support.

What We Do NOT Provide

MikeFX34 expressly does NOT provide:

• Financial advice, investment advice, or recommendations to buy, sell, or hold any financial instrument.
• Portfolio management, fund management, or discretionary account management services.
• Guaranteed returns, profit guarantees, or any assurance of trading performance.
• Signal services, copy trading services, or managed account services.
• Tax advice, legal advice, or accounting services.
• Brokerage, dealing, or market-making services of any kind.

Any trading decision you make is yours alone. You are solely responsible for evaluating whether any trade, strategy, or financial instrument is suitable for your personal financial situation, risk tolerance, and investment objectives. We strongly recommend consulting a qualified, licensed financial advisor before making any trading or investment decisions.

Backtest results and historical performance data displayed on our website or in our materials are hypothetical in nature and are subject to the following limitations:

• Hypothetical results do not represent actual trading and may not reflect the impact of real-world market conditions.
• Backtests assume ideal execution conditions that may not be achievable in live trading (including but not limited to slippage, spread widening, requotes, and liquidity gaps).
• Past performance, whether hypothetical or actual, is not indicative of future results.
• No representation is made that any account will or is likely to achieve profits or losses similar to those shown.

All software provided by MikeFX34 is delivered "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory. We do not warrant that:

• The Software will be error-free, uninterrupted, or free from bugs, vulnerabilities, or defects.
• The Software will produce profitable trading results or any specific outcome.
• The Software is suitable for your particular trading strategy, account size, or risk profile.
• The Software will be compatible with all broker configurations, server environments, or system setups.
• The Software will continue to perform as it has in backtesting or past periods.

Automated trading carries unique risks. Expert Advisors execute trades without manual intervention based on algorithmic rules. Software errors, connectivity issues, power failures, broker server outages, or unexpected market conditions may cause the software to behave unexpectedly, resulting in losses including the total loss of your trading capital. You must monitor your account regularly and maintain appropriate risk management at all times.

You are responsible for: testing any software on a demo account before live use; configuring appropriate lot sizes and risk settings for your account balance; ensuring your VPS or computer meets minimum requirements; maintaining a stable internet connection; and understanding the specific behavior and settings of each Expert Advisor before deployment.

Specific Risks You Acknowledge

By using our Services, you represent and warrant that you: (a) understand these risks; (b) are financially able to bear any losses; (c) accept full responsibility for all trading outcomes; and (d) will not hold MikeFX34 liable for any trading losses.

All Software, content, branding, designs, algorithms, trade logic, educational materials, and other intellectual property provided through our Services are the exclusive property of MikeFX34 and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Software solely for your personal, non-commercial trading activities on your registered XM account.

You may NOT:

• Reverse-engineer, decompile, disassemble, or attempt to extract the source code of any Software.
• Copy, redistribute, sell, lease, sublicense, or share any Software or content with third parties.
• Modify, adapt, or create derivative works based on our Software.
• Use our Software on accounts not registered under our Partner Codes.
• Use our Software for commercial purposes, fund management, or to provide services to third parties.
• Remove, alter, or obscure any copyright, trademark, or proprietary notices in our Software.
• Share login credentials, download links, or access to our Platform with unauthorized parties.

Violation of these intellectual property terms will result in immediate and permanent termination of your access to all Services without notice or refund.

Our Software includes account verification mechanisms that check your trading account number against our server database. This means:

• Expert Advisors will only function on accounts registered and approved through our Platform.
• We reserve the right to verify that your XM account is registered under one of our Partner Codes.
• Access may be revoked at any time if we determine your account does not meet our requirements.
• We may collect and transmit account data (account number, balance, equity, open trades) between the Software and our servers for the purpose of enabling app functionality and account management features.

Account approval is at our sole discretion. We reserve the right to approve, reject, suspend, or terminate any account for any reason without obligation to provide explanation.

By using our Services, you consent to the collection, storage, and processing of the following data:

• Registration Data: Name, XM account number, WhatsApp number, email address, nickname.
• Trading Data: Account balance, equity, margin, drawdown, open positions, profit/loss, and trade history as transmitted by our Software to our servers.
• Technical Data: MetaTrader 5 terminal information, broker server name, account type.
• Usage Data: App usage patterns, feature interactions, and device information.

We use this data to: provide and improve our Services; verify account eligibility; enable app features (remote monitoring and EA control); generate leaderboard rankings; and communicate with you regarding updates and support.

We do NOT: sell your personal data to third parties; share your trading data publicly without consent (except anonymized leaderboard data using your chosen nickname); or access your broker login credentials, passwords, or withdrawal functions. We have no ability to deposit, withdraw, or transfer funds from your trading account.

Data is stored on secured servers. While we take reasonable measures to protect your information, no method of electronic storage is 100% secure, and we cannot guarantee absolute security.

• Losses arising from trades executed by our Software or based on information from our Services.
• Loss of profits, trading capital, anticipated savings, or business opportunities.
• Losses resulting from software bugs, errors, malfunctions, or unexpected behavior.
• Losses caused by broker actions, server outages, connectivity issues, or platform failures.
• Losses arising from unauthorized access to your account or our systems.
• Losses resulting from market conditions, including but not limited to flash crashes, gaps, or extreme volatility.
• Any damages arising from your use of or inability to use our Services.

In no event shall our total liability exceed the amount you have paid to MikeFX34 for the Services giving rise to the claim. As our Services are provided free of charge, our maximum aggregate liability shall be zero (R0.00 / $0.00).

This limitation of liability applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if MikeFX34 has been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless MikeFX34, its founders, team members, affiliates, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of our Services.
• Your trading activities and financial outcomes.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Any claim by a third party arising from your use of our Software or Services.

MikeFX34 is an independent entity and is not affiliated with, endorsed by, or partnered with XM Group (Trading Point of Financial Instruments Ltd.) beyond the standard Introducing Broker (IB) program. Our relationship with XM is limited to referring clients through the IB program for which we receive commissions.

We do not represent XM and cannot be held responsible for: XM's terms of service, trading conditions, spreads, execution quality, or server performance; any disputes between you and XM; XM's regulatory status or compliance; or any changes XM makes to its products, services, or commission structures.

Your trading account is governed by XM's own terms and conditions. Any issues with your broker account must be resolved directly with XM.

We reserve the right to suspend or terminate your access to our Services at any time, for any reason, without prior notice. Grounds for termination include but are not limited to:

• Violation of these Terms.
• Your XM account is no longer active or no longer registered under our Partner Codes.
• Redistribution, sharing, or unauthorized use of our Software.
• Attempting to reverse-engineer or tamper with our Software.
• Abusive behavior toward MikeFX34 team members or community members.
• Providing false or misleading information during registration.
• Any activity we deem, in our sole discretion, to be harmful to MikeFX34 or its community.

You may terminate your account at any time by contacting us via WhatsApp. Upon termination, your license to use our Software is immediately revoked, and you must delete all copies of our Software from your devices.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our Services after any modification constitutes your acceptance of the revised Terms. We will make reasonable efforts to notify users of material changes via WhatsApp or the Platform, but it is your responsibility to review these Terms periodically.

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or your use of our Services shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

Before initiating any formal dispute, you agree to first attempt to resolve the matter informally by contacting MikeFX34 via WhatsApp. If the dispute cannot be resolved informally within 30 days, either party may proceed with formal legal proceedings.

Entire Agreement: These Terms constitute the entire agreement between you and MikeFX34 regarding the use of our Services, superseding any prior agreements or understandings.

Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Assignment: You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights freely.

Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, strikes, government actions, internet outages, power failures, or acts of God.

For questions about these Terms, please contact us via:
WhatsApp: +27 79 151 0558
Website: mikefx34.com