Between the Client and SCAP Broker LTD.
Version 1.0 July 7 2025
Part A – SCAP Broker LTD
Part B – Registered User (“The Client”)
Clause 1. Purpose of the Agreement
SCAP Broker LTD (hereinafter, “The Company”) grants The Client a limited, non-exclusive, non-transferable, and revocable license to access and use the MetaTrader 5 (MT5) technological platform with the sole purpose of performing market analysis, order execution, and account management operations, exclusively within the operational environment and under the services provided by The Company.
This license is granted conditioned on the full compliance by The Client with the terms and conditions established by The Company, including its internal policies, security regulations, and applicable regulations in the jurisdictions where it operates.
The MT5 platform is third-party software developed by MetaQuotes Software Corp., regarding which The Company acts as an authorized distributor within the framework of its technological infrastructure, without implying the transfer of any intellectual property rights to The Client.
Clause 2. Nature of Access
2.1. The Client acknowledges and accepts that the MetaTrader 5 (MT5) platform is a technological solution developed and licensed by MetaQuotes Software Corp., and that SCAP Broker LTD acts as an authorized access provider within the framework of its financial services, without holding intellectual property rights over said technology.
2.2. Access to the platform will be enabled only through personal and non-transferable credentials, generated by The Company once the requirements for:
Identity verification (KYC),
Financial suitability analysis,
Evaluation of fund origin, and
Internal authorization,
are met, in accordance with the compliance policies established by The Company and with applicable regulatory frameworks, including the Financial Sector Conduct Authority (FSCA) in South Africa, the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), the Financial Crimes Enforcement Network (FinCEN) in the United States, and the recommendations of the Financial Action Task Force (FATF/GAFI) on preventing money laundering and terrorist financing.
2.3. The Company reserves the right to deny, limit, suspend, or revoke The Client’s access to the MT5 platform, temporarily or permanently, in case of:
Non-compliance with any contractual or regulatory term,
Detection of suspicious or inconsistent operations,
Requirements from regulatory or judicial authorities,
Operational or technological risks affecting the integrity of the system,
Or any situation that compromises the legality, transparency, or security of the contractual relationship.
Clause 3. Limitations of Use
3.1. The Client undertakes to use the MetaTrader 5 (MT5) platform exclusively for legitimate, personal, and non-commercial purposes, within the framework of the brokerage services authorized by SCAP Broker LTD. It is expressly prohibited to:
a) Modify, decompile, disassemble, extract the source code, reverse engineer, or perform any other form of alteration of the MT5 software or its technical components.
b) Share, transfer, or disclose its access credentials (login, password, API keys, or other authentication methods) to third parties, whether natural or legal persons, without express and prior authorization from The Company.
c) Execute automated operations through the use of scripts, bots, expert advisors (EAs), or any external software that interacts with the platform, without the prior validation and approval of SCAP Broker LTD.
d) Use the platform for activities that constitute system abuse, including but not limited to: latency arbitrage, price or spread manipulation, opening positions without real market execution intent (spoofing), undeclared high frequency, use of mirror accounts, or any other practice considered fraudulent, unfair, or in conflict with market integrity.
e) Interfere with the technical operation, stability, security, or integrity of the MT5 environment, including denial-of-service attacks, excessive automated loads, or alteration of operational records.
3.2. Any breach of the above provisions will entitle SCAP Broker LTD to immediately and without prior notice suspend, restrict, or revoke The Client’s access to the MT5 platform, without prejudice to the exercise of additional legal, contractual, or regulatory actions, nor the right to retain, reverse, or annul operations considered abusive or executed in contravention of this agreement.
Clause 4. Property Rights
4.1. The Client acknowledges that the MetaTrader 5 (MT5) platform, its source code, functional structure, interface, technical components, and updates, constitute exclusive property of MetaQuotes Software Corp., and are protected by international copyright treaties, trade secrets, and intellectual property legislation in force in multiple jurisdictions.
4.2. The Client does not acquire any ownership right, sublicense, distribution, commercial exploitation, or any other right over the MT5 software or any of its elements, functionalities, or resources, beyond the limited, revocable, and conditioned right of use granted by SCAP Broker LTD in accordance with this agreement.
4.3. Any attempt to:
a) Reproduce, copy, alter, transmit, or publish parts of the MT5 software without express authorization from its owner.
b) Use reverse engineering, decompilation techniques, visual or technical cloning, or extraction of operational logic from the system.
c) Incorporate MT5, totally or partially, into external products, applications, or services.
is strictly prohibited.
4.4. The Client will be directly and legally responsible for any violation of intellectual property rights derived from the improper use of the platform, without prejudice to the civil or criminal actions that correspond under applicable laws.
Clause 5. Client Responsibilities
The Client declares that it understands and accepts the following:
a) Every operation, instruction, request, or transaction executed from its user account, through the use of its personal credentials, will be considered validly issued and authorized by The Client itself, producing full legal and financial effects, without possibility of challenge due to allegations of improper access not reported in a timely manner.
b) The Client is solely responsible for maintaining the security, confidentiality, and integrity of its access credentials (username, password, dynamic keys, or other authentication factors), and will be liable for any damage resulting from their loss, disclosure, or improper use, whether due to negligence or intent.
c) The Client has the duty to periodically verify the correct functioning of the platform, as well as to immediately inform The Company about any technical failure, operational discrepancy, unusual system behavior, or suspicion of unauthorized access. The omission of this duty may exempt The Company from all responsibility associated with damages, losses, or erroneous executions.
d) The Client undertakes not to allow access, use, management, or administration of its account by third parties, whether through direct delegation, management on behalf of others, external social trading, or any other similar mechanism, unless there is express, prior, and written authorization from SCAP Broker LTD through products or programs officially offered by The Company (e.g., PAMM, MAM, or approved copy trading platforms).
Clause 6. Interruptions and Exoneration of Responsibility
6.1. The Client acknowledges and accepts that the access and operation of the MetaTrader 5 (MT5) platform may be affected, interrupted, or limited by causes beyond the direct control of SCAP Broker LTD, including, but not limited to:
Scheduled technical maintenance of the system.
Failures or congestion in the communication network.
Errors or crashes in own or third-party servers.
Connectivity problems from The Client’s device.
Cyberattacks, viruses, malware, or digital security incidents.
Fortuitous events or force majeure events, such as natural disasters, social conflicts, blackouts, or regulatory decisions.
6.2. Consequently, The Company will not be responsible, under any circumstance, for:
a) Losses, damages, or prejudices derived from delays in order execution, temporary lack of access to the platform, or differences between quoted and executed prices, when such effects result from the causes indicated in the previous paragraph.
b) Technical failures attributable to external providers, network operators, data centers, third-party technological infrastructure, or the platform’s development company (MetaQuotes Software Corp.).
c) Operational errors, financial losses, or malfunctions derived from the improper, negligent, or unauthorized use of the platform by The Client, including use from incompatible, outdated, compromised (rooted or jailbroken) devices, or those lacking minimum IT security measures.
6.3. The Client acknowledges that the MT5 platform, as well as the associated systems of SCAP Broker LTD, are not subject to a guarantee of continuous, uninterrupted, or error-free availability, and that there may be periods of unavailability for technical, operational, or maintenance reasons.
The Company does not guarantee any specific service level (SLA – Service Level Agreement), nor does it assume any obligation to provide economic compensation, refunds, adjustments, or indemnities for downtime, temporary interruptions, execution delays, access failures, or partial or total unavailability of the system, unless there is an express provision to the contrary contained in another specific contract duly signed by the parties.
Important notice: Access to the MetaTrader 5 (MT5) platform is subject to technical availability and may be interrupted by causes beyond the control of SCAP Broker LTD. Operational continuity is not guaranteed, nor are automatic compensations granted for downtime. Use of the platform implies express acceptance of these conditions.
Clause 7. Supervision, Records, and Data Retention
7.1. The Client grants its express, free, and informed consent for all activities executed through the MetaTrader 5 (MT5) platform, including accesses, operations, requests, parameter modifications, passwords, IP addresses, and use of functionalities, to be recorded, monitored, stored, and audited by SCAP Broker LTD, in compliance with its contractual, regulatory, and fraud prevention obligations.
7.2. Said records may be used for purposes of:
a) Internal or external audit.
b) Compliance with applicable KYC, AML, and financial reporting standards.
c) Resolution of operational or contractual disputes.
d) Prevention of suspicious, abusive, or illicit activities.
e) Legal defense of The Company against claims or legal processes.
7.3. The generated records may be shared with competent administrative, regulatory, or judicial authorities, national or foreign, when required by applicable laws or requested through formal requirement.
7.4. SCAP Broker LTD will retain said records for a minimum period of five (5) years from the date of their generation, or for a longer period if required by the legislation of the applicable jurisdiction or for legal defense purposes.
Clause 8. Updates and Platform Changes
8.1. SCAP Broker LTD reserves the right, at any time and without requiring prior authorization from The Client, to modify, update, substitute, or discontinue partially or totally the use of the MetaTrader 5 (MT5) platform, as well as to migrate to other equivalent or superior technologies, proprietary or third-party, that allow continuing to provide financial intermediation services under the same quality and security standards.
8.2. Such modifications may be due, among other reasons, to technological updates, regulatory changes, functionality improvements, strategic decisions of The Company, or adjustments required by the original software developer (MetaQuotes Software Corp.).
8.3. In case such modifications substantially affect The Client’s operational experience, SCAP Broker LTD will notify with reasonable anticipation through the enabled channels (email, internal notifications, website, or other official means).
8.4. The continuation in the use of the platform after the implementation of said updates or changes will be considered as express acceptance by The Client of the new technical and operational terms, without prejudice to The Client’s right to request the cancellation of its account if it does not wish to continue with the service under the new conditions.
Clause 9. Termination, Suspension, or Restriction of Access
9.1. SCAP Broker LTD reserves the right to suspend, restrict, or cancel immediately and without prior notice The Client’s access to the MetaTrader 5 (MT5) platform, totally or partially, in any of the following cases:
a) Non-compliance with the terms and conditions of this agreement or any other policy linked to the contractual relationship.
b) Reasonable suspicion or evidence of fraud, misuse of the platform, prohibited practices, market manipulation, or abuse of technological systems.
c) Receipt of legal requirements, regulatory orders, or opening of investigations by competent authorities.
d) Existence of operational, reputational, or regulatory risks that justify the measure, in The Company’s reasoned judgment.
e) Express request from The Client or voluntary or forced account closure for any reason.
f) Prolonged account inactivity, as defined in The Company’s internal policies.
9.2. The termination of access to MT5 does not exempt The Client from fulfilling the contractual, regulatory, or legal obligations in force at the time of cancellation, including, but not limited to: pending balances, civil liabilities, ongoing investigations, or cooperations required by competent entities.
9.3. SCAP Broker LTD will retain the operational and technical records linked to The Client’s use of the MT5 platform, for the period required by regulatory authorities or for the time reasonably necessary for the defense of its legal interests.
9.4. In case SCAP Broker LTD detects that The Client has incurred in any form of prohibited conduct, abusive use of the platform, manipulation of market conditions, fraud, contractual breach, or violation of internal policies, The Company reserves the right to:
a) Annul totally or partially the gains, bonuses, commissions, or benefits obtained by The Client during the period in which said infractions occurred.
b) Reverse operations executed irregularly or under simulated conditions, as allowed by the technical capabilities of the platform.
c) Temporarily retain funds while the internal investigation is carried out or while a regulatory determination is awaited.
d) Suspend access to promotions, referral programs, access to complementary platforms, or any incentive derived from the behavior in question.
This provision may be applied even if the infractions are detected retroactively, once funds have been withdrawn or the account closed.
Clause 10. Acceptance, Validity, and Updates
10.1. This agreement enters into force from the date on which The Client expressly and electronically accepts the terms established herein, through the act of registration and activation of its account through the digital channels enabled by SCAP Broker LTD. This electronic acceptance will have full legal effects and probative value equivalent to that of a handwritten signature, in accordance with applicable regulations on electronic commerce and digital contracting.
10.2. The validity of this agreement will be maintained as long as The Client’s account remains active, or until it is canceled by either party, or until this document is replaced by an updated version duly published by SCAP Broker LTD in its official media.
10.3. SCAP Broker LTD may modify the terms of this agreement at any time, after publication of the updated version and reasonable notification to The Client. The continuation in the use of the MT5 platform by The Client will constitute tacit acceptance of the new contractual conditions, unless there is an express manifestation to the contrary that entails the voluntary cancellation of the account.
Clause 11. Jurisdiction and Applicable Law
This agreement will be governed and interpreted in accordance with the laws of the country in which SCAP Broker LTD is legally constituted and registered for contractual purposes, without prejudice to the application of international norms regarding consumer protection and prevention of money laundering.
For all legal and contractual effects, the parties agree to submit to the jurisdiction of the competent courts of said jurisdiction, expressly waiving any other forum that might correspond to them by reason of their present or future domicile.
Version Control of the Agreement
Version
Issue Date
Status
Observations
1.0
[DD/MM/2025]
In Force
Initial Version of the MT5 Use Agreement for SCAP Broker LTD
This document is the property of SCAP Broker LTD. Its reproduction, modification, or distribution without express authorization will be prosecuted in accordance with international laws for the protection of contractual and reputational property.