Terms of Service

1. Acceptance of terms

By accessing or utilizing any part of the KABiR Forex network, you confirm that you are at least 18 years of age and legally authorized to bind your corporate entity to this Agreement. If you are operating a Forex brokerage, you also confirm that you are operating within the legal licensing frameworks required by your local financial regulatory authority (e.g., CySEC, FCA, ASIC, FSA St. Vincent).

If you do not agree to every provision of these Terms, you may not access our services. KABiR Forex functions strictly as a technology provider and Software-as-a-Service (SaaS) entity. We do not provide financial advice, liquidity, or clearing services.

2. Use of our services

You are granted a non-exclusive, non-transferable, revocable license to access our platform solely for your internal brokerage operations. You agree not to misuse our services or help anyone else do so.

Prohibited Uses

• Utilizing our SMTP or VPS networks to facilitate market manipulation, latency arbitrage, or unauthorized High-Frequency Trading (HFT) attacks against liquidity providers.
• Using our software to bypass or obscure Anti-Money Laundering (AML) or Know-Your-Customer (KYC) regulations for offshore traders.
• Attempting to reverse-engineer our CRM architecture, proprietary IB commission trees, or AI generation algorithms.
• Hosting malicious nodes, performing DDoS strikes, or distributing malware through our Tier-1 Equinix network.

KABiR Forex employs automated heuristics to detect abuse. We reserve the right to instantly terminate network access for any server engaged in the above activities.

3. Fees, billing, and cancellations

Our services are billed on a recurring subscription basis as outlined in your initial Service Level Agreement (SLA) contract. Fees are calculated dynamically based on your software tier, active MT4/MT5 user count, and server bandwidth allocations.

Payment Terms

Invoices are generated on the 1st of every month. Payments govern your access to the underlying platform; failure to remit payment within a 7-day grace period will result in a soft suspension of CRM administrative access. If payment is 30 days overdue, trading servers will be put offline and data purged.

Cancellations

You may cancel your infrastructure subscription at any time by providing a 30-day written notice to your account manager. We do not offer refunds or prorated credits for partial months of service upon cancellation. Once canceled, it is your responsibility to execute a data dump of your client histories via our API before environmental destruction.

4. Service Level Agreement (SLA)

We guarantee a 99.9% network uptime for our dedicated VPS and managed hosting solutions across a given billing month. If we fail to meet this threshold due to internal architectural failure, you are eligible for service credits applied to your next invoice.

This SLA does not cover downtime caused by force majeure, scheduled maintenance windows (which are communicated 48 hours in advance), or issues stemming directly from third-party software (such as MetaQuotes MT5 core updates failing).

5. Intellectual property rights

Our IP: KABiR Forex retains all right, title, and interest in our proprietary CRM software, AI generation algorithms, API endpoints, branding, and underlying logic. A white-label license simply allows you to display your brokerage brand over our engine; it does not transfer IP ownership.

Your IP: We claim no intellectual property rights over your client databases, trader lists, IB network structures, or the resulting articles generated by our AI system for your marketing. Your data entirely belongs to your corporate entity.

6. Account termination

We reserve the right to suspend or terminate your access to our services if you violate these Terms, if we are required to do so by a governmental regulator, or if your brokerage is placed on a major international sanctions list (e.g., OFAC).

In the event of an emergency suspension stemming from AML failure or court mandate, we generally attempt to provide notice but reserve the right to sever network access instantly if continued operation poses a severe risk to our infrastructure or global banking partners.

7. Limitation of liability

Important Disclaimer: KABiR Forex provides B2B software infrastructure. We do not place trades on behalf of your clients. We are not responsible for financial loss incurred by your retail traders due to market volatility, slippage, liquidity gaps, or improper broker configuration.

To the maximum extent permitted by applicable law, KABiR Forex and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or inability to access the services; (b) any conduct or content of any third party on the services; or (c) unauthorized access, use or alteration of your transmissions or content.

In no event shall our aggregate liability for all claims relating to the services exceed the greater of $100 USD or the amount you paid us in the past 12 months.

8. Governing law & dispute resolution

These Terms shall be governed by and construed in accordance with standard international business laws. Disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the regional arbitration courts mapped to our primary corporate headquarters.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Arbitration Clause

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration in accordance with the rules of the International Chamber of Commerce (ICC). The arbitration shall be conducted by a single arbitrator, and the language of arbitration shall be English. The seat of arbitration shall be determined by KABiR Forex's registered office jurisdiction.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

9. Confidentiality

Both parties acknowledge that in the course of the business relationship, they may be exposed to or acquire information that is proprietary or confidential to the other party. Each party agrees to hold such confidential information in strict confidence and not to disclose it to any third parties without the prior written consent of the disclosing party.

Definition of Confidential Information: For the purposes of these Terms, "Confidential Information" includes, but is not limited to: IB commission structures and rebate tiers, client databases and trader PII, server architecture layouts, API keys and access credentials, pricing schedules, and any data marked or reasonably understood to be confidential.

Exceptions: Confidential Information does not include information that (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party before disclosure; (c) is independently developed without reference to the disclosing party's information; or (d) is required to be disclosed by law, regulation, or court order, provided that the receiving party gives reasonable advance notice.

The obligations of confidentiality shall survive the termination of these Terms for a period of three (3) years following the date of termination or expiration.

10. Indemnification

You agree to indemnify, defend, and hold harmless KABiR Forex, its officers, directors, employees, contractors, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to:

• Your violation of any provision of these Terms.
• Your misuse of our CRM, VPS, or SMTP infrastructure in a manner that violates applicable law or regulatory frameworks.
• Any claim by a third party (including your retail traders or IB affiliates) arising from your brokerage's operational decisions, trade execution failures, or mismanagement of client funds.
• Losses stemming from unauthorized access to your account due to your failure to maintain adequate credential security (e.g., sharing admin passwords, failing to enable two-factor authentication).

This indemnification obligation will survive the termination of these Terms and your use of the services.

11. Data Processing Agreement (DPA)

Where you use our Forex CRM to process the personal data of your end-user traders, you act as the Data Controller and KABiR Forex acts as the Data Processor, as defined by the General Data Protection Regulation (GDPR) and equivalent frameworks.

Processor Obligations

KABiR Forex shall process personal data only on documented instructions from the Controller (you), including transfers of data to third countries. We shall ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

Sub-processors

We may engage sub-processors (such as AWS for cloud hosting and Stripe for payment processing) to assist in providing the services. We maintain a current list of sub-processors and will notify you of any intended additions or replacements, giving you 30 days to object. All sub-processors are bound by equivalent data protection obligations.

Data Breach Notification

In the event of a confirmed personal data breach, KABiR Forex will notify the Controller without undue delay and in any event within 72 hours of becoming aware of the breach. The notification shall include the nature of the breach, the categories and approximate number of data subjects affected, and the measures taken or proposed to address the breach.

12. White-label branding & customization

Our CRM and client portal systems are designed to be deployed under your brokerage's own brand identity. You may customize logos, color schemes, domain names, and content within the parameters our platform allows.

Brand Responsibility: You are entirely responsible for the accuracy, legality, and appropriateness of any branding, marketing claims, or regulatory disclaimers displayed on your white-labeled platform. KABiR Forex shall not be held liable for regulatory violations arising from misleading claims, unlicensed financial promotions, or non-compliant disclaimers placed on your branded portal.

"Powered By" Attribution: Unless you have purchased an Enterprise-tier license that explicitly removes attribution requirements, a subtle "Powered by KABiR Forex" watermark may appear in the footer of your client-facing portal. Removing this attribution without contractual authorization constitutes a breach of these Terms.

13. Force majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from Force Majeure events. Force Majeure means any event beyond the reasonable control of the affected party, including but not limited to: natural disasters, acts of war or terrorism, pandemics, governmental orders, sanctions, embargoes, labor strikes, failures of third-party telecommunications or power supply, and large-scale cyberattacks on internet infrastructure.

The affected party shall give prompt written notice to the other party describing the Force Majeure event and its expected duration. If a Force Majeure event continues for more than 90 consecutive days, either party may terminate the Agreement by providing 30 days' written notice.

14. Amendments to these Terms

We reserve the right to modify these Terms at any time. When we do, we will revise the "Last Updated" date at the top of this page and, for material changes, we will provide you with prominent notice via email or an in-platform banner at least 30 days before the new terms take effect.

Your continued use of our services after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue using our services and terminate your subscription in accordance with Section 3 above.

We maintain an archive of prior versions of these Terms. You may request access to previous versions at any time by contacting your account manager.