1. TRADING
1.1 AUTHORIZATION TO TRADE.

• Customer’s application to open an Account with Invidia Trade or any other entity licensed, powered and/or anyhow affiliated with Invidia Trade binds them to the terms and conditions of this Agreement and automatically acknowledges and accepts the below terms and conditions.

• Invidia Trade has the right to maintain one or more accounts in Customer’s name. It also has the right to engage in transactions for Customer’s account in accordance with oral, written or electronic instructions by Customer and its officers, partners, principals, employees or other agents (“Representatives”).

• The risk of all unauthorized instructions administered by their Representatives will be borne by Customer. Customer will indemnify and hold Invidia Trade harmless from all claims, liabilities, losses, damages, fees, costs and expenses relating to or arising from Invidia Trade’ reliance on such instructions, including any improper, unauthorized or fraudulent instructions by the Representatives, except in cases of gross negligence or willful misconduct by Invidia Trade.

• Unless expressly stated otherwise in writing, all transactions between Invidia Trade and Customer shall be governed by the terms of this Agreement, as amended from time to time (including, without limitation, Invidia Trade’ Risk Disclosures and Trading Policies and Procedures).

  
  

2 ACCOUNTS
2.1 ACCOUNT APPROVALS AND MAINTENANCE.

• Invidia Trade has every right to reject Customer’s application or close Customer’s Account for any reason, at Invidia Trade’ sole and absolute discretion. Customer will need to provide Invidia Trade with additional information or documentation. This is done so that Invidia Trade can continue carrying Customer’s Account.

• Invidia Trade may, at any time in its sole and absolute discretion, restrict trading, disbursements or transfers administered by Customer. Invidia Trade may amend, change, revise, add or modify the Agreement at any time. The latest Agreement will be posted to Invidia Trade’ website: https://invidiatrade.com/. This Agreement cannot be modified by any verbal statements or written amendments that Customer seeks to make to the Agreement without written acceptance from the General Counsel of Invidia Trade.

• Restricted Territory: Invidia Trade reserves the right to restrict access in the future to all or some parts of the Website and/or Services in respect of certain jurisdictions. The customer fully understands and agrees that Invidia Trade are not liable if the country of customer’s location or residence becomes restricted or blocked. Restricted Territories include, but are not limited to, individuals residing in:Afghanistan, Botswana, Burma(Myanmar), Democratic Republic of Congo (DPRK), Crimea, Cuba, Ethiopia, Iran, Iraq, Japan, Libya, North Korea, Republic of the Congo, Russian Federation, Somalia, Sudan, Syria, Trinidad and Tobago, Tunisia, Yemen, Zimbabwe.

• Customer, hereby acknowledges and agrees that Accounts are segregated in the Invidia Trade’ books and records only. Customer also acknowledges that Customer’s funds are not insured and are deposited with a liquidity provider, which is selected by Invidia Trade at its sole discretion.

• Customer, hereby acknowledges that if an account remains inactive for a period of 90 consecutive days, the Company reserves the right to apply an inactivity fee. Inactivity is defined as a lack of any Customer-initiated transactions or trades.

• Upon the 90-day mark, an inactivity fee of will be charged to the account on a monthly basis until activity resumes or the account balance reaches zero, whichever comes first. The Customer acknowledges and agrees to this fee as part of maintaining an active account with the Company.

  
  

2.2 JOINT ACCOUNT OWNERS.

• If this Account is held by more than one (1) person, all the joint holders hereby agree that they are all fully liable for the obligations assumed in this Agreement.

• If this Account is held in trust, joint ownership, or partnership, the undersigned hereby agrees to indemnify, defend and hold harmless Invidia Trade for any losses resulting from a breach of any fiduciary duty of the undersigned to the other holders and beneficiaries of this Account.

• Furthermore, any one or more of the joint owners shall have full authority for the Account and at risk of the Account owners, to buy, sell, and trade in transactions of off-exchange products, to deposit with and withdraw from Invidia Trade, currencies, securities, negotiable instruments, and other property, including withdrawals to or for the individual use or Account of the party directing the sale or of any other party. Moreover, all joint owners have the authority and are liable for all actions including to receive and acquiesce in the correctness of notices, confirmations, requests, demands and all other forms of communications, and to settle, compromise, adjust, and give releases with respect to any and all claims, demands, disputes, and controversies.

• Upon death or legal incapacity of any of the undersigned, Invidia Trade is authorized to take such action with regards to the Account, as the Company may deem advisable to protect itself against any liability, penalty or loss.

• Customer agrees to notify Invidia Trade immediately upon the death or legal incapacity of any joint owner. It is possible that Invidia Trade terminates this Agreement by written notice to any one of the joint owners.

2.3 MARGINS AND DEPOSIT REQUIREMENTS.

• Customer shall provide and maintain margin in such amounts and in such forms as Invidia Trade, at its sole discretion, may require.

• Invidia Trade may oblige the Customer to deposit by immediate wire transfer such additional margin when and as required by the Company, and will immediately meet all Margin Calls in such mode of transmission as Invidia Trade shall, at its sole discretion, designate.

• Possibly, Invidia Trade might change margin requirements at any time without prior notice. Invidia Trade may limit the amount and/or a total number of open positions that Customer may acquire or maintain at Invidia Trade, at its full discretion. Invidia Trade reserves the right to close any Customer positions at any time that it deems necessary. Invidia Trade shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions including but not limited to loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to a breakdown in or failure of any transmission or communication facilities.

• For example, in volatile market conditions, a margin call may be delayed resulting in the possibility of a negative usable margin; a margin call may occur even if positions are hedged, in the jurisdictions where hedging is permitted by law, due to rate volatility or daily interest charges or credits.

2.4 ROLLOVERS.

• At its sole discretion and without notice to Customer, Invidia Trade may offset Customer’s open positions, roll over Customer’s open positions into the next settlement time period, or make or receive delivery on behalf of Customer upon any terms and by any methods deemed reasonable by Invidia Trade, at its sole discretion.

• At Invidia Trade’ sole discretion, terms and/or methods for delivering, offsetting, or rolling over Customer’s open positions may differ on a customer-by-customer basis.

• Customer acknowledges and agrees that any positions held in Customer’s Account at 5PM EST may be rolled over to the next settlement date and the Account may be debited or credited for the interest differential for the rollover period.

2.5 SETTLEMENT DATE OFFSET INSTRUCTIONS.

• Customer acknowledges and agrees that offset instructions on positions open prior to settlement arriving at settlement date must be given to Invidia Trade at least one to three business days prior to the settlement or value day. Alternatively, enough funds to take delivery or the necessary delivery documents must be in the possession of Invidia Trade within the same period described above.

• If neither instructions, funds nor documents are received, Invidia Trade may without notice, either offset Customer’s position or roll Customer’s positions into the next settlement time period or make or receive delivery on behalf of Customer upon such terms and by such methods deemed reasonable by Invidia Trade at its sole discretion.

2.6 LIQUIDATION OF ACCOUNTS.

In the event of: 

• death or judicial declaration of incompetence of Customer or, in the case of a legal entity, its dissolution or liquidation;

• filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against Customer;

• filing of an attachment against any of Customer’s Accounts carried by Invidia Trade;

• insufficient margin, or determination by Invidia Trade that any collateral deposited to protect one or more Accounts of Customer is inadequate, regardless of current market quotations, to secure the Account;

• Customer’s failure to provide Invidia Trade any information requested pursuant to this Agreement; or

• any other circumstances or developments that Invidia Trade deems appropriate for its protection. At Invidia Trade’ sole discretion, it may take one or more, or any portion of, the following actions:

• sell any or purchase any or all contracts, securities or other property held or carried for Customer; and

• cancel any or all outstanding orders or contracts, or any other commitments made with Customer. Any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or purchase or other notice to Customer, Customer’s personal or appointed representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Customer’s or held jointly with others.

2.7 MANAGED ACCOUNTS.

• With regard to managed Accounts, a money manager (“Money Manager”) is a person or entity authorized to make decisions with respect to an Account on behalf of the Account’s beneficial owners, including a trustee, custodian, conservator, guardian, executor, administrator, attorney in fact, or investment advisor or other person to whom Customer has granted trading authority over an Account.

• Customer understands and agrees that Invidia Trade may, but is not required to, review any action or inaction by a Money Manager with respect to an Account and is not responsible for determining whether a Money Manager’s action or inaction satisfies the standard of care applicable to such Money Manager’s handling of the Account.

• Customer further understands and agrees that Invidia Trade is not responsible for determining the validity of a person’s or entity’s status or capacity to serve as a Money Manager.

• Customer agrees to hold Invidia Trade and its officers, directors, employees, agents and affiliates harmless from any liability, claim, or expense, including attorneys’ fees and disbursements, as incurred, for the actions or non-actions of Customer’s Money Manager.

2.8 INACTIVE AND DORMANT ACCOUNTS

• In the event that a Customer’s Account reflects no trading activity, login activity, or other transactional engagement for a continuous period of three (3) years, Invidia Trade reserves the right, at its sole discretion, to designate such Account as inactive and to archive any remaining balances therein.

• Archived balances shall be maintained for an additional twelve (12) months (the “Claim Period”), during which the Customer may submit a written request, in a form acceptable to Invidia Trade, to reclaim the funds.

• If no valid claim is received within the Claim Period, the remaining balance shall be deemed unclaimed property and shall be transferred irrevocably to Invidia Trade’s brokerage capital.

• The Customer expressly acknowledges and agrees that Invidia Trade is not a bank or deposit-taking institution, that no interest shall accrue on any Account balances, and that such balances are not insured or guaranteed under any deposit protection scheme.

• Following the expiration of four (4) years of total inactivity (including the Claim Period), the Customer shall have no further right, title, or interest in or to any such funds.

• This clause shall operate without prejudice to any applicable laws or regulations governing unclaimed property in the jurisdiction of Invidia Trade’s registration.

3 CUSTOMER REPRESENTATIONS
3.1 GENERAL REPRESENTATIONS AND WARRANTIES.

Customer represents and warrants that:

• Customer is of sound mind, legal age and legal competence;

• Customer (if not a natural person) is duly organized and validly existing under the applicable laws of the jurisdiction of its organization;

• Execution and delivery of this Agreement and all transactions contemplated hereunder have been duly authorized by Customer and will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Customer;

• Each person executing and delivering this Agreement has been duly authorized by Customer to do so;

• No person other than the Customer has or will have an interest in Customer’s Account;

• Regardless of any subsequent determination to the contrary, Customer is suitable to trade over-the-counter products;

• Customer is not now an employee of any exchange, any corporation in which any exchange owns a majority of the capital stock, any member of any exchange and/or firm registered on any exchange, or any bank, trust, or insurance company that trades the same instruments as those offered by Invidia Trade, and in the event that Customer becomes so employed, Customer will promptly notify Invidia Trade via email of such employment;

• The customer has read and understands the Risk Disclosure Statement and Trading Policies contained in this Agreement;

• The customer has conducted simulated trading using the demo trading platform for a period that has allowed the Customer to develop a full understanding of the trading platform;

• All information provided by Customer to Invidia Trade, including information regarding Customer’s trading experience and investment sophistication, is true, correct and complete.  Customer binds themselves to notify Invidia Trade promptly of any changes in such information.

• Customer cannot engage in transactions for purposes of arbitrage or exploitation of temporary inaccuracies or technical discrepancies.

3.2 DISCLOSURE OF FINANCIAL INFORMATION.

The financial information disclosed to Invidia Trade in the Application is warranted by  Customer to be an accurate representation of the Customer’s current financial condition.

1. Customer represents and warrants that in determining Customer’s Net Worth, Gross Income, Total Assets and Liabilities were correctly calculated.

2. Customer represents and warrants that in determining the value of Total Assets, the Customer included cash and/or cash equivalents, U.S. Government and Marketable securities, real estate owned (excluding primary residence), the cash value of life insurance and other valuable Assets.

3. In determining the value of Liabilities, Customer represents and warrants that notes payable to banks (secured and unsecured), notes payable to relatives, real estate mortgages payable (excluding primary residence) and other debts were included.

4. Customer represents and warrants that Customer has very carefully considered the portion of Customer’s Total Assets that Customer considers to be Risk Capital. Customer also recognizes that Risk Capital is the amount of money Customer is willing to put at risk. If lost, Customer acknowledges that this in no way would change Customer’s lifestyle.

5. Customer agrees to immediately inform Invidia Trade if the Customer’s financial condition changes in such a way as to reduce Customer’s Net Worth and/or Risk Capital.

3.3 CREDIT.

• Customer authorizes Invidia Trade and/or any agents acting on behalf of Company to investigate Customer’s credit standing and in connection therewith to contact such banks, financial institutions and credit agencies as Invidia Trade shall deem appropriate to verify information regarding Customer.

• Invidia Trade is also authorized by Customer to investigate Customer’s current and past investment activity, and in connection therewith, to contact such futures commission merchants, exchanges, broker/dealers, banks, compliance data centers, and any other financial and investment institution as Invidia Trade shall deem appropriate.

• Upon a reasonable request made in writing by Customer to Invidia Trade, Customer shall be allowed to review any records maintained by Invidia Trade relating to Customer’s credit standing.

• At Customer’s sole cost and expense, Customer is also allowed to copy such records. Customer acknowledges that Customer’s credit score may be impacted when Invidia Trade accesses Customer’s credit file.

• Customer also acknowledges that Invidia Trade may provide information (e.g. negative Account information of unsecured debts) regarding Customer’s performance under this Agreement to these agencies.

4 ORDER MANAGEMENT
4.1 CANCELLATION AND MODIFICATION REQUESTS.

• Customer acknowledges that it may not be possible to cancel or modify an order.

• Customer understands and agrees that, if an order cannot be cancelled or modified, Customer is bound by any execution of the original order.

• Should Invidia Trade be unable to cancel or modify an order, Invidia Trade is not liable in any way.

• Customer further acknowledges that attempts to modify or cancel and replace an order can result in the execution of the order or the execution of duplicate orders. Customer also acknowledges that Invidia Trade’ systems do not prevent the execution on order or duplicate orders from occurring, and that Customer shall be responsible for all such executions.

• Customer agrees not to assume that any order has been executed or cancelled until Customer has received confirmation from Invidia Trade with regards to order execution. Customer is responsible for knowing the status of Customer ‘s pending orders before entering additional orders.

• Customer agrees to contact Invidia Trade in the event Customer is unclear on the status of an order.

• Customer agrees to regularly review Customer’s online Account Statement to confirm the status of Customer’s orders.