Legal Agreement
This agreement governs your use of Clearline Markets platform and services.
IMPORTANT: Please read these Terms of Service carefully before using Clearline Markets. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree, you must not access or use our services.
REGULATORY NOTICE: Clearline Markets is in the process of obtaining authorization as a Financial Services Provider (FSP) from the Financial Sector Conduct Authority (FSCA) of South Africa. Until such authorization is granted, certain financial services may be limited. We are committed to full compliance with the Financial Advisory and Intermediary Services Act (FAIS) and all applicable FSCA regulations. This notice will be updated upon receipt of our FSP license.
The following terms shall have the meanings set forth below when used in this Agreement:
| "Agreement" | These Terms of Service, including all documents incorporated by reference, as amended from time to time. |
|---|---|
| "Clearline Markets," "we," "us," "our" | Clearline Markets and its affiliates, subsidiaries, officers, directors, employees, and agents. |
| "User," "you," "your" | Any individual or entity that accesses or uses our Platform or Services. |
| "Platform" | The Clearline Markets website, applications, APIs, and all related technology infrastructure. |
| "Services" | All products, features, and services offered through the Platform, including the Prop Firm program and Quant Studio. |
| "Account" | Your registered user account on the Platform, including all associated credentials and settings. |
| "Funded Account" | A trading account provided to qualified traders under the Prop Firm program with real capital allocation. |
| "Evaluation" | The assessment process traders must complete to qualify for a Funded Account. |
| "KYC" | Know Your Customer identity verification procedures required for platform access. |
| "Content" | All text, data, information, software, graphics, and other materials available on or through the Platform. |
| "FSCA" | The Financial Sector Conduct Authority of South Africa, the regulatory body responsible for market conduct regulation of financial institutions. |
| "FSP" | Financial Services Provider, a license issued by the FSCA under the Financial Advisory and Intermediary Services Act (FAIS). |
| "FAIS" | The Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002) of South Africa. |
| "FICA" | The Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001) of South Africa, governing anti-money laundering requirements. |
By accessing or using Clearline Markets services, creating an account, or clicking "I Accept" or similar affirmation, you enter into a legally binding agreement with Clearline Markets. This Agreement constitutes the entire agreement between you and Clearline Markets regarding your use of the Services.
Certain Services may be subject to additional terms, conditions, or agreements ("Additional Terms"). When Additional Terms apply, they will be made available to you and will become part of this Agreement. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall control with respect to the applicable Service.
By accepting these Terms, you represent and warrant that you have the legal capacity to enter into this Agreement and that you are not prohibited from receiving services under the laws of any applicable jurisdiction.
Note: If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case "you" and "your" shall refer to such entity.
You must be at least eighteen (18) years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement. In jurisdictions where the age of majority is higher than 18, you must meet the age of majority requirement.
You must have the legal capacity to enter into contracts under the laws of your jurisdiction of residence. You may not use our Services if you are legally incompetent or have been declared legally incapacitated.
Our Services are not available to residents of countries or regions subject to comprehensive sanctions programs, including but not limited to:
Geographic eligibility is verified during the KYC process. We reserve the right to restrict access from additional jurisdictions at our sole discretion.
Certain Services may have additional eligibility requirements, including but not limited to trading experience, financial qualifications, or professional certifications. These requirements will be disclosed during the application process for the relevant Service.
Each individual may maintain only one Account. Creating multiple accounts is strictly prohibited and will result in termination of all associated accounts. This policy is enforced through identity verification and monitoring systems.
To access most features of our Platform, you must create an Account. When creating your Account, you agree to:
You are solely responsible for maintaining the security of your Account credentials, including your password and any two-factor authentication methods. You agree to:
If you believe your Account has been compromised, you must immediately:
Clearline Markets is not liable for any losses resulting from unauthorized access to your Account due to your failure to maintain adequate security.
We may require additional verification of your Account at any time. Failure to provide requested verification information may result in suspension or termination of your Account.
Identity verification is mandatory before accessing trading features on our Platform. This requirement exists to:
The KYC verification process includes, but is not limited to:
All documents submitted must be:
Most verifications are processed automatically within minutes. However, some cases may require manual review, which can take 24-48 hours. We will notify you of your verification status via email.
If your verification is rejected, you will receive notification of the reason. Common reasons include:
In most cases, you may resubmit corrected documents. However, certain rejection reasons (such as sanctions matches) may result in permanent denial of service.
We may request additional verification at any time, including periodic re-verification of your identity. Failure to complete requested verification may result in account restrictions or termination.
Clearline Markets provides a technology platform that offers:
We strive to maintain continuous availability of our Services, but we do not guarantee uninterrupted access. Services may be unavailable due to:
We reserve the right to modify, suspend, or discontinue any Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of Services.
Our Platform may integrate with or provide access to third-party services, including but not limited to payment processors, data providers, and trading venues. Your use of third-party services is subject to their respective terms and policies.
Clearline Markets is committed to operating in full compliance with FSCA regulations. Please note:
The Clearline Markets Prop Firm program provides qualified traders with access to funded trading accounts. The program consists of an evaluation phase followed by funded trading for successful candidates.
To qualify for a Funded Account, traders must complete an evaluation that demonstrates:
Specific evaluation criteria, profit targets, and timeframes are disclosed at the start of each evaluation.
All accounts are subject to strict risk management parameters, including:
Warning: Breach of risk management rules may result in immediate account suspension or termination, forfeiture of profits, and disqualification from the program. Rules are strictly enforced without exception.
Funded traders are entitled to a percentage of net trading profits generated on their Funded Account. The profit split percentage is determined by account tier and performance history. Specific terms are detailed in the Trader Agreement provided upon funding.
Profit withdrawals are subject to:
Traders who demonstrate consistent performance may be eligible for account scaling, subject to program rules and availability. Scaling decisions are made at Clearline Markets' sole discretion.
Participation in the Prop Firm program is subject to program-specific rules and guidelines, which are incorporated into this Agreement by reference. Violation of program rules may result in:
Quant Studio is our algorithmic trading development environment, providing:
You retain ownership of trading strategies and algorithms you develop using Quant Studio. However, you grant Clearline Markets a non-exclusive license to:
We will not share, sell, or disclose your proprietary strategies to third parties without your consent.
Market data provided through Quant Studio is licensed for personal, non-commercial use within our Platform only. You may not:
API access is subject to rate limits and fair use policies. Excessive API usage that impacts platform performance may result in temporary or permanent restrictions on your API access.
Deployment of strategies to live trading requires:
Fees for our Services may include:
Current fee schedules are available on our website and during the applicable sign-up or purchase process.
We accept payments through approved payment methods, including credit cards, debit cards, and other electronic payment methods. All payments are processed through secure, PCI-compliant payment processors.
Recurring fees are billed in advance on your billing date. You authorize us to charge your payment method for all fees incurred. You are responsible for keeping your payment information current.
Refund eligibility depends on the specific Service:
Refund requests should be submitted through our support channels.
You are responsible for all applicable taxes, including sales tax, VAT, and income tax on profits. We may be required to withhold taxes in certain jurisdictions.
We may change our fees at any time with 30 days' notice. Continued use of Services after fee changes constitutes acceptance of the new fees.
You agree not to engage in any of the following prohibited activities:
Consequences: Violation of these prohibitions may result in immediate account termination, forfeiture of funds, legal action, and reporting to appropriate authorities.
All content, features, and functionality of the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, software, and compilation thereof, are the exclusive property of Clearline Markets or our licensors and are protected by copyright, trademark, and other intellectual property laws.
"Clearline Markets," our logos, and other marks are trademarks of Clearline Markets. You may not use our trademarks without prior written permission.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purposes. This license does not include:
You retain ownership of content you create, but grant us a license to use, store, and display such content as necessary to provide our Services.
If you provide suggestions, ideas, or feedback about our Services, you grant us the right to use such feedback without restriction or compensation.
Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into this Agreement by reference.
We collect and process data necessary for:
We implement industry-standard security measures to protect your data, including:
We retain your data for as long as necessary to provide Services and comply with legal obligations. You may request deletion of certain data as described in our Privacy Policy.
We may share your data with third parties as described in our Privacy Policy, including service providers, regulatory authorities, and as required by law.
IMPORTANT RISK WARNING: Trading financial instruments involves substantial risk of loss and is not suitable for all investors. You should carefully consider your investment objectives, experience level, and risk tolerance before using our Services.
By using our Services, you acknowledge and accept the following risks:
We do not guarantee any specific results from using our Services. Past performance is not indicative of future results. Any examples, simulations, or hypothetical performance shown are for illustrative purposes only.
Nothing in our Services constitutes financial, investment, legal, or tax advice. In accordance with FAIS requirements, we do not provide personalized financial advice. You should consult a qualified, FSCA-authorized financial advisor before making investment decisions.
In compliance with FSCA guidelines, we emphasize that:
Please read our complete Risk Disclosure for detailed information about the risks associated with trading, as required by FSCA regulations.
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEARLINE MARKETS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
These limitations shall apply even if any remedy fails of its essential purpose and regardless of the theory of liability.
You agree to indemnify, defend, and hold harmless Clearline Markets and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right to assume exclusive defense of any matter subject to indemnification by you, at your expense.
You may terminate your Account at any time by contacting our support team. Upon termination:
We may suspend or terminate your Account immediately, without prior notice, for:
Upon termination:
Before initiating formal dispute proceedings, you agree to contact us and attempt to resolve any dispute informally. Most concerns can be resolved through our support channels.
If informal resolution is unsuccessful, any dispute arising from or relating to these Terms or our Services shall be resolved through binding arbitration. Arbitration shall be conducted by a recognized arbitration institution under its rules.
YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.
YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING FROM OR RELATING TO THESE TERMS.
Any claim must be brought within one (1) year of the event giving rise to the claim, or the claim is permanently barred.
We reserve the right to modify these Terms at any time. Changes may be made for reasons including but not limited to:
We will notify you of material changes through:
Your continued use of our Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using our Services and close your Account.
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts.
Our Services are provided in compliance with South African financial regulations, including:
Upon receipt of our FSP license, we will be directly regulated by the Financial Sector Conduct Authority (FSCA).
If you have a complaint about our Services, you may:
If any provision of these Terms is found to be unenforceable under South African law, the remaining provisions shall continue in full force and effect.
Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
These Terms, together with any Additional Terms and our Privacy Policy, constitute the entire agreement between you and Clearline Markets.
For questions, concerns, or notices regarding these Terms of Service, please contact us:
Clearline Markets (Pty) Ltd
Republic of South Africa
FSP License: Pending
Legal Department
Email: legal@clearlinemarkets.com
Contact Form: www.clearlinemarkets.com/contact
For general support inquiries, please use our contact form or log in to your dashboard for account-specific support.
Complaints: To lodge a formal complaint, email complaints@clearlinemarkets.com. We aim to acknowledge complaints within 3 business days and resolve them within 15 business days in accordance with FSCA guidelines.
Regulatory Authority:
Financial Sector Conduct Authority (FSCA)
Website: www.fsca.co.za
Response times for legal inquiries are typically 5-10 business days.