FENIX HORIZON CONSULTING, S.L.U.
Av. Touroperador Neckermann, 3 2 Pta. 008 – 35100 San Bartolomé de Tirajana (Las Palmas) · PLAYMAR
CLIENT DETAILS
Full Name: ________________
Email address: ________________
Date of acceptance: —
PRELIMINARY STATEMENT
This agreement governs the terms and conditions of membership in the exclusive traders club managed by Fenix Horizon Consulting, S.L.U. (hereinafter "the Company"). By accepting the cookies present on the Company's website, the Client declares that they have read, understood and fully accepted all the clauses of this agreement.
Art. 1 – NATURE OF THE ACTIVITY AND DEMO ACCOUNT
1.1 The Client expressly acknowledges and accepts that:
a) Fenix Horizon Consulting, S.L.U. is NOT a financial intermediation company (Prop Firm) in the regulatory sense of the term, but an exclusive traders club and an open trading education community.
b) The account made available to the Client is and remains, under all circumstances, a DEMO ACCOUNT. No real capital is allocated, managed or moved on behalf of the Client.
c) The payment made by the Client constitutes exclusively an access fee to the platform, to the community services and to the training program, and not a financial investment or a margin deposit.
d) The Client knowingly purchases access to a simulated trading environment on a demo account, with no expectation of any real financial return derived from the operations executed in that account.
Art. 2 – ACCESS FEE AND CHALLENGE PROCESS
2.1 The Client pays the Company an access fee that exclusively remunerates: access to the demo trading platform, access to the community and training materials, and participation in the challenge process.
2.2 A Client who successfully passes all the challenges provided and keeps their demo account compliant for a continuous period of four (4) months, without breaching the rules of the following articles, will be admitted to the exclusive club and will gain access to the Company's advanced training programs.
2.3 Admission to the club is discretionary and subject to full compliance with all the conditions set out in this agreement.
Art. 3 – ACCOUNT RESET AND NEW EVALUATION
3.1 In the event of a breach of the operating rules or of exceeding the drawdown limits set out in this agreement, the Client's demo account will be suspended and/or closed.
3.2 The Client may request new access to the evaluation process (reset) by purchasing a new challenge at the full price in force at the time of the request.
3.3 The Client acknowledges that: a) The fee paid for the previous challenge is non-refundable under any circumstances, including in the event of a breach of the operating rules. b) Any reduced-price reset offers constitute exclusively a temporary commercial promotion and not an acquired right of the Client. c) The Company's business is based on the sale of training programs and access to the demo platform, and not on the management of real capital.
Art. 4 – TRAILING DRAWDOWN (DYNAMIC MAXIMUM LOSS)
4.1 The maximum permitted drawdown is calculated dynamically from the peak equity reached by the account (trailing drawdown). The maximum loss limit is automatically updated upward each time the account reaches a new equity high.
4.2 How it works – Illustrative example: The Client gains $2,000: the "floor" (minimum equity limit) rises accordingly. If the Client subsequently loses $1,500 from the peak reached, the account is considered in breach and is removed, even if the balance is still higher than the initial capital. The more the Client gains, the higher the floor rises, progressively reducing the available operating margin.
4.3 The Client declares that they fully understand the trailing drawdown mechanism and accepts that breaching the dynamic limit entails the immediate closure of the demo account, regardless of the current balance.
4.4 The Company reserves the right to specify the exact trailing drawdown parameters (percentage, calculation on equity or balance) in the specific conditions of each challenge plan.
Art. 5 – CONSISTENCY RULE
5.1 In order to assess the quality and regularity of the Client's trading activity, the following consistency rule applies: No single trading day may represent more than 30% (thirty percent) of the total profits obtained during the entire evaluation period.
5.2 Illustrative example: The Client has obtained a total profit of $1,000. If on a single day they earned $400, that day represents 40% of the total: the rule is breached. The rule aims to verify the trader's consistency and discipline over time, regardless of the performance of isolated exceptional days.
5.3 The Client acknowledges that: a) The consistency rule may also be applied retroactively over the entire evaluation period. b) Breaching the consistency rule entails the suspension of the demo account and the impossibility of continuing the challenge process. c) The consistency rule applies regardless of the overall profitability of the account.
Art. 6 – PLATFORM ACCESS RULES
6.1 The Client accepts the following technical access restrictions, which are binding and non-waivable:
6.2 SINGLE DEVICE – Access is permitted exclusively from a single registered device. Access from two or more different devices is prohibited.
6.3 SINGLE IP ADDRESS – Access is permitted only from the registered IP address. The use of different IP addresses constitutes a breach of this agreement.
6.4 VPS PROHIBITION – The use of Virtual Private Servers (VPS), remote servers, virtual machines or any tool that simulates direct access to the platform is prohibited.
6.5 EXCLUSIVE CONTROL – The account is strictly personal and non-transferable. The Client must be the only person with access to and control over it. Sharing credentials with third parties is prohibited.
6.6 Breaching even a single one of the rules in points 6.2, 6.3, 6.4 and 6.5 entails the immediate and definitive suspension of the account, the loss of the fee with no right to a refund, and exclusion from the challenge process.
Art. 7 – NEWS TRADING BAN
7.1 It is categorically prohibited to open new positions or to hold already open positions within the following time windows around high-impact macroeconomic events: 2 (two) minutes BEFORE the release of the event; 5 (five) minutes AFTER the release of the event.
7.2 The Client acknowledges that: a) "High-impact events" means all events classified as such in the main economic calendars (e.g. NFP, central bank interest rate decisions, CPI, GDP, employment data and the like). b) If the market moves significantly during a news event and the Client has positions open in breach of the prohibited time window, the account will be considered in breach and may be suspended regardless of the outcome of the position. c) It is the Client's sole responsibility to monitor the economic calendar. d) The Company reserves the right to publish and update the specific list of news considered to be high-impact.
7.3 Breaching the news trading ban entails the immediate suspension of the demo account and the loss of the challenge process in progress.
Art. 8 – ACCEPTANCE VIA COOKIES
8.1 Browsing the Company's website and accepting the cookie banner are equivalent to the full and unconditional acceptance of this agreement and all its clauses.
8.2 The Client declares that they have carefully read this agreement before proceeding to accept the cookies and that they are fully aware of the demo nature of the account and of all the restrictions provided herein.
8.3 The Company reserves the right to collect and retain, in accordance with the GDPR, all the technical data necessary to verify compliance with the access rules (device, IP, sessions).
Art. 9 – LIMITATION OF LIABILITY
9.1 The Company is not responsible for any losses or damages arising from the use of the demo platform or from the interpretation of the training content as financial advice.
9.2 The Client acknowledges that the results obtained on the demo account do not guarantee analogous results on real accounts.
Art. 10 – APPLICABLE LAW AND EXCLUSIVE JURISDICTION
10.1 APPLICABLE LAW – This agreement is governed exclusively by Spanish law, with particular reference to the Civil Code, Royal Legislative Decree 1/2007 and Law 34/2002 (LSSI-CE).
10.2 EXCLUSIVE JURISDICTION – The parties expressly, irrevocably and exclusively agree that any dispute arising from this agreement shall be submitted to the exclusive jurisdiction of the Courts and Tribunals of Las Palmas de Gran Canaria (Canary Islands, Spain).
10.3 EXPRESS WAIVER OF OWN JURISDICTION – The Client expressly waives any other jurisdiction that might be competent by virtue of their domicile or residence.
10.4 CONSCIOUS ACCEPTANCE OF JURISDICTION – The Client declares that they have become aware of this jurisdiction-submission clause, understand it and accept it specifically and consciously (art. 90.2 RDL 1/2007).
10.5 LANGUAGE OF THE AGREEMENT – In the event of a dispute, the English version shall prevail.
10.6 SEVERABILITY OF CLAUSES – If one or more clauses are declared null, the remaining ones shall remain in full force.
10.7 INTEGRATION AND PREVALENCE – This agreement constitutes the entire agreement between the parties and supersedes any previous agreement.
ACCEPTANCE OF THE AGREEMENT
By accepting the cookies on the Company's website, the Client declares that they have read, understood and fully accepted this agreement in all its parts.
Full Name of the Client: ________________
Email address: ________________
Date: —
Signature: — pending —
For Fenix Horizon Consulting, S.L.U.
