2. Customer Responsibility for Personal Program.
a. The Program is a Specialized Service offered by IB to its customers. The Program allows you to build a personalized automated trading program that will automatically generate Forex buy and sell orders that follow trade signals of one or more Forex traders offered through the Program (“Trade Leaders”), subject to the trading controls you decide to implement. You are solely responsible for designing your automated trading program (“Personal Program”), including the selection of one or more Trade Leaders through the Program whose trade signals you want to follow, and setting your trading controls for your Personal Program using the Program user features in accordance with the procedures described in the Program User Help as in effect from time to time. You will have the ability to revise the functionality of your Personal Program in accordance with the procedures described in the Program User Help, and are solely responsible for any such decisions and for making any such changes.
b. IB reserves the right to suspend or terminate a Trade Leader’s participation in the Program and there is no assurance the Trade Leader’s signals will continue to be available to any customer in the Program who has incorporated those signals into the customer’s personal program. A Trade Leader may also decide to terminate his participation in the Program. If as a result of such actions, signals followed in your Personal Program will no longer be available, IB will provide you with advance notice to the extent possible of the discontinuation of such signals including the effective date and time when the signals will be discontinued. You are responsible for deciding whether to make any changes to your Personal Program. Unless you take action to the contrary, you consent to removal of those signals from your Personal Program effective upon their discontinuation.
c. You agree and acknowledge that neither IB nor any Trader Leader will offer any advice to you on how to design your Personal Program, and that you are not relying on any such advice. You agree and acknowledge that neither IB nor any Trade Leader has any discretionary trading authority over your Account. No Trade Leader may make any representation or agreement on behalf o f or in the name of IB with out IB’s prior consent.
d. You agree that your are responsible for the trading performance of your Personal Program. You further agree that neither IB nor any Trade Leader shall be liable for any trading losses or other costs, expenses or losses you may incur as a result of trading pursuant to your Personal Program, whether or not due to the unavailability of you Personal Program or IB’s services.
3. Customer Account. You must designate a Forex trading account at a Forex Broker for which IB is your introducing broker as the account that you will trade using your Personal Program (“Account”). You are responsible for monitoring the statements and trade confirmations you receive from the Forex Broker for your Account on a timely basis to verify whether any trading errors have occurred.
5. Order Transmittal. IB will, as a technology service, run your Personal Program in IB’s data center. Your Personal Program will automatically generate Forex orders for your Account, including calculation of order size based on the Account’s funding level, proportion of funds you have allocated by Trade Leader and the trading controls in your Personal Program. You hereby authorize and direct IB to electronically transmit each Forex order that your Personal Program automatically generates to the Forex Broker for execution in your Account and at your risk. You agree and acknowledge that each Forex order produced by your Personal Program is an order placed, and specifically authorized, by you. You agree and acknowledge that neither IB nor any Trade Leader exercises any trading discretion over your Account.
6. Performance Results. IB will monitor the trading performance results of your Personal Program in the Account on a real-time basis and will provide you with such results on a real-time or near-real time basis, along with analysis of the trading results and risks through a secure page on IB’s website.
8. No Guarantee. You acknowledge that neither IB nor any Trade Leader makes or has made any guarantee that your Forex trading will be profitable or free from loss if you trade using your Personal Program or by following the signals of any particular Trade Leader or combination of Trade Leaders in your Personal Program. You understand that your trading results using your Personal Program will depend on many factors, such as account balance, the trading controls you have implemented, market behavior, and the spreads and fees of the Forex Broker for your Account. Thus, your trading performance results may differ materially from those presented on IB’s website for any Trade Leader whose signals you follow in your Personal Program.
9. Forex Trading Risk; Acknowledgements. You acknowledge that you understand the speculative nature of and high risks associated with Forex trading. You further acknowledge that you have read and understand the information regarding the risks of Forex trading set out in the Forex Risk Disclosure Statement attached to the Customer Agreement.
10. Disclaimer of Warranty; Limitation of Liability. The Program is provided “AS IS” and “AS AVAILABLE” and without any warranty of any kind. The entire risk arising out of the use or performance of the Program remains with Customer. In no event shall IB or its licensors be liable for any claim whatsoever arising out of the use of or inability to use the Program, even if IB has been advised of the possibility of such. The use of the Program or the use of any materials therefrom, is done at Customer’s own discretion and risk. Customer shall be solely responsible for any claim or other harm that may result from such use. Customer agrees to fully indemnify, defend and hold Currensee International and its affiliates and licensors harmless from any and all claims, damages, liabilities, losses, costs and expenses that may result from such activities.