SCAP Broker LTD
Version 1.0 – Effective from July 8, 2025
1. Parties
Between:
SCAP Broker LTD, hereinafter “The Broker” or “The Company”, provider of the technological and operational infrastructure for PAMM accounts;
and
[Full Name of the Investor], identified with [Type and document number], hereinafter “The Investor”;
the present Agreement for Participation as an Investor in a PAMM (Percentage Allocation Management Module) account is entered into, subject to the following clauses.
2. Purpose of the Agreement
Through this document, The Investor expresses its explicit consent to:
Allocate a determined capital to a PAMM (Percentage Allocation Management Module) account, which will be managed by an authorized Manager within the operational infrastructure of SCAP Broker LTD;
Grant a limited power to The Manager, so that the latter may execute buy and sell operations in financial markets on said capital, using its own trading strategies, without requiring prior approval for each order;
Fully accept the inherent risks of the investment, as well as the participation conditions, commissions, and technical rules provided in this agreement, in The Manager’s profile, and in the official documents published by The Broker on its platform.
2. Nature of the Participation
3.1. The Investor retains at all times the legal ownership of its funds, which remain under its individual property, but grants The Manager limited operational faculties to execute trading decisions on said resources, without the need for prior authorization for each operation.
3.2. Participation in a PAMM account does not constitute a corporate, fiduciary, financial advisory contractual relationship, nor any type of general mandate or legal representation. Both The Manager and SCAP Broker act independently, and there is no guarantee of profitability or obligation of compensation for losses.
3.3. The Investor will have permanent access, through its private area on the SCAP Broker LTD platform, to the complete history of operations, capital allocations, proportional performance, applied commissions, and withdrawal requests.
4. Acceptance of Risks
The Investor declares that it fully understands and accepts the inherent risks of participating in PAMM accounts, including but not limited to:
The possibility of total or partial loss of the invested capital, derived from the volatile and unpredictable nature of financial markets.
That the historical returns obtained by The Manager do not constitute a guarantee of future results, and that any expectation of gain is merely speculative.
That The Manager acts at its own discretion and risk, completely independently, and does not represent or act on behalf of SCAP Broker LTD.
That SCAP Broker LTD does not participate in The Manager’s operational decision-making, and its function is limited to facilitating the technological infrastructure, the execution environment, the automatic calculation of results, and the proportional distribution of profits or losses.
Likewise, The Investor acknowledges that no element contained in the platform, contracts, or interaction with SCAP Broker LTD should be interpreted as financial advice, investment recommendation, or promise of return.
5. Commissions and Participation Conditions
The Investor accepts and expressly authorizes that:
The Manager may apply a performance fee (Profit Share) calculated on the net profits realized in the PAMM account, which will be automatically executed by The Broker’s system according to the previously accepted terms.
Additionally, other additional commissions may exist, such as:
Fixed periodic management fee, determined by The Manager;
Penalties for early withdrawal, if The Investor decides to exit the account before the established minimum permanence period;
Temporary restrictions or special entry or exit conditions, when they are part of the operation profile defined by The Manager.
All commission structures must be clearly published, detailed, and accessible in the public profile of the PAMM account, and can only be applied if previously accepted by The Investor at the time of its digital adherence to the account.
SCAP Broker LTD guarantees that the automated system will faithfully reflect the agreed terms, allowing The Investor to audit the distribution and deduction of commissions in real time.
6. Withdrawals and Cancellation
The Investor may request at any time the partial or total withdrawal of funds allocated to a PAMM account, provided that it complies with the operational terms defined by SCAP Broker and with the specific conditions established by The Manager, including, if applicable, minimum permanence restrictions or penalties for early withdrawal.
SCAP Broker LTD reserves the right to suspend or temporarily postpone a withdrawal request when:
There are open operations within the PAMM account that prevent immediate liquidation;
The calculation of performance or management fees is in process;
A security or regulatory compliance verification is underway, including KYC/AML validations.
The Investor will be duly notified through the system about the status of its withdrawal request, as well as any cause that justifies its postponement.
The total cancellation of participation by The Investor will be considered effective only once the complete withdrawal of the invested capital has been processed, deducting the corresponding commissions.
7. Limitation of Liability
SCAP Broker LTD will not be responsible, under any circumstance, for economic losses suffered by The Investor as a consequence of:
The operational, strategic, or technical decisions adopted by The Manager in the PAMM account;
Market conditions, including high volatility, liquidity gaps, or force majeure events;
Connectivity failures, temporary system crashes, or technological interruptions from third-party providers;
Errors or individual decisions of The Investor, including its decision to participate, modify, or withdraw funds from the PAMM account.
The Investor expressly acknowledges that:
All participation in the PAMM system is carried out voluntarily, autonomously, and at its exclusive discretion and risk;
The invested capital may suffer a total or partial loss without possibility of economic claim to SCAP Broker LTD;
The Broker acts solely as a provider of technological infrastructure and automatic calculation of performance distribution, without interfering in the strategy, execution, or administration of the portfolio operated by The Manager.
8. Personal Data and Confidentiality
established in its Privacy and Personal Data Protection Policy, available on the official website, in compliance with applicable international data protection regulations (including, if applicable, GDPR, PIPEDA, or others).
The Investor accepts that:
The data will be used exclusively for operational, regulatory, and compliance purposes related to its participation in the PAMM account.
The Manager will not have direct or unrestricted access to The Investor’s personal data, except those strictly necessary for the technical operation of the system and always under The Broker’s control.
Any additional processing or transfer of data to third parties will be subject to The Investor’s prior consent, unless a legal obligation or requirement from a competent authority.
SCAP Broker LTD will implement reasonable technical and organizational measures to guarantee the confidentiality, integrity, and availability of the stored data.
9. Validity and Termination
This agreement will enter into force from the moment The Investor digitally confirms its adherence to a PAMM account through the SCAP Broker LTD platform.
The agreement will remain in force as long as The Investor maintains active funds in said account, or until:
The Investor requests the total withdrawal of its participation, which will be considered as voluntary termination of the agreement.
The Manager closes the PAMM account or substantially modifies the participation conditions, notifying The Investor with reasonable anticipation.
SCAP Broker LTD, in exercise of its faculties, suspends or terminates the PAMM account for operational, technical, regulatory reasons, or for non-compliance with the contractual terms.
Termination will not exempt The Investor from fulfilling pending obligations, such as the payment of accrued commissions or the acceptance of operational results not yet liquidated.
10. Applicable Law and Jurisdiction
This Agreement will be governed and interpreted in accordance with the laws of the country in which SCAP Broker LTD has established its contractual headquarters.
Any controversy, claim, or dispute arising in relation to this Agreement, its interpretation, execution, or termination, will be submitted to the exclusive jurisdiction of the competent courts of said jurisdiction, without prejudice to the right of SCAP Broker LTD to propose, when possible, alternative conflict resolution mechanisms, such as arbitration or conciliation.
The Investor expressly waives any other jurisdiction that by reason of its present or future domicile might correspond to it, accepting the agreed jurisdiction.
11. Limited Power of Operation (LPOA)
The Investor grants, by digitally accepting this agreement, a Limited Power of Operation (Limited Power of Attorney – LPOA) in favor of the Manager assigned to the PAMM account in which it participates, exclusively for:
Executing financial operations on its behalf, without the need for prior or individual authorization for each order.
Technically and operationally managing the funds allocated to said account, under the terms and conditions previously accepted.
This power does not grant The Manager access to withdrawals, external transfers, changes of beneficiaries, or any other act of disposition of The Investor’s funds outside the authorized operating environment.
This LPOA is valid as long as The Investor maintains capital allocated in the PAMM account and can only be revoked by the total withdrawal of funds.
12. Acceptance
The Investor declares, under oath if necessary, that it has read, understood, and expressly and voluntarily accepted all the terms, conditions, rights, and obligations established in this Agreement.
Likewise, it acknowledges that its participation in a PAMM account managed through SCAP Broker LTD implies digital acceptance with full legal value, and undertakes to comply with the provisions contained herein, as well as those that are complementarily published and in force on The Broker’s platform.
Digitally accepted, through the SCAP Broker LTD system, with full legal validity.
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.