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AGW-MS

Terms of Service

General terms and conditions

Version 1.8, effective December 5, 2023

 

This document forms part of a legally binding agreement between you and AGW-MS. It provides important information about AGW-MS and its services, designed to ensure you make informed investment decisions.

 

You are obliged, for your own benefit, to read carefully and ensure that you understand the information provided. If you have any questions or concerns, please contact us or seek independent professional advice.

 

By entering into an agreement with AGW-MS, you confirm that you are over 18 years of age (if you intend to use our services for your personal needs) and that you are appropriately authorized to act on behalf of the company you represent (if we services are used by legal entities) and you are familiar with the documents and information identified by reference in Section 24 of this document and made available to you on our Applications and Websites from time to time.

 

Transactions entered into under the agreement between you and AGW-MS may be affected by fluctuations in financial markets. Past performance of any financial market is not indicative of future performance. For more information about the risks associated with investing and the specific financial instruments we make available to you, please see Overview of Risks Associated with Financial Instruments and Investments. You should ensure that you fully understand such risks before starting to use our services.

 

 

Nothing in this document will alter, limit or replace any of our obligations or liabilities to you under applicable law.

 

  1. Who is AGW-MS?

This is the name used by AGW-MS, a company incorporated in Colorado, United States (registration code 20201882796, 518 17th St, Denver, CO 80202, website: ascend-code. com, phone +1951-229-6657.

 

 

 

  1. What services does AGW-MS provide?

When using the services provided by AGW-MS, clients can place orders to buy and sell securities using a fully automated online tool accessible through a mobile application. After AGW-MS receives the order, it transmits it to another financial brokerage firm or bank responsible for execution. AGW-MS may add or remove services (including financial instruments available when using the Services) and features without prior notice to the Client, who may decide the exact scope of the services themselves.

 

Under the agreement, AGW-MS provides its customers with the following services:

 

Open and manage investment accounts.

Automatic investing.

Accounting and storage of securities and funds belonging to clients.

Receiving orders to buy or sell securities and transmitting them for execution.

Currency conversion.

  1. What is the purpose of this document and its importance

This document, as well as other references mentioned in this document, set out the rules that constitute a legally binding agreement between AGW-MS and its customers. All relevant documents are available and accessible at any time on our app and website. They may be modified from time to time. You will be notified of any changes.

 

  1. Terms used in the Agreement

The Agreement is a set of documents, including the General Terms and Conditions and the documents listed in Clause 24, applicable to the use of the Services provided by AGW-MS.

 

Application means the AGW-MS mobile application developed for the purpose of providing the Services hereunder. To get the most out of it, make sure you download the latest version.

 

Suitability assessment means the actions taken by AGW-MS to assess whether the Client has the necessary knowledge and experience to use the services provided by AGW-MS.

 

Auto Investing is a feature that enables customers to set recurring orders to purchase units of exchange-traded funds of the customer’s choice.

 

Working days are Monday through Friday, excluding statutory public holidays in the state of Colorado, USA.

 

A customer is a natural person or legal entity who enters into an agreement with AGW-MS in order to use AGW-MS’s services.

 

Corporate actions refer to activities carried out by the issuer according to the issuer’s wishes, such as issuing financial instruments, convening shareholders’ meetings, paying dividends, interest or other payments, granting and realizing property rights and non-property rights, etc. and other events.

 

Electronic channels include AGW-MS website, AGW-MS APP and emails from both parties.

 

An execution broker is a third party (financial brokerage firm or bank) selected by AGW-MS to execute client orders.

 

An execution venue refers to a regulated market, a multilateral trading system or an organized trading system.

 

An investment account is an account opened by AGW-MS to its clients, which allows them to deposit (withdraw) funds, purchase securities and receive investment income. It does not have any specific status in any country or jurisdiction with respect to any tax matters (such as tax relief). Investment accounts may not be used for purposes other than those specified in this Agreement.

 

An issuer is a legal entity that develops, registers and sells securities to finance its operations.

 

Market Data refers to all information related to publicly traded financial instruments made available to customers through the Application, including but not limited to real-time or delayed pricing data, trading volume data, news.

 

Market data providers are third parties used to obtain and provide market data.

 

Market hours refer to the hours during which the execution venue is open during its main trading session.

 

Non-complex securities are publicly traded stocks, bonds and corporate units of collective investments.

 

An order contains instructions for AGW-MS to buy or sell securities on behalf of the client. Please see Section 7 and the Best Execution Policy for more information about order types, order acceptance, processing and other important aspects.

 

The parties are the Client and AGW-MS.

 

Position refers to the number of securities held by a client.

 

A Customer Representative is a natural person authorized to use the AGW-MS Services on Customer’s behalf. This includes all stages and aspects of using the Services, including providing information, making decisions, responding to our requests and ensuring that other duties set out in the Agreement are properly performed.

 

Retail clients, whether natural persons or legal persons, are non-professional investors.

 

Securities (-ies) are financial instruments that hold monetary value. They can represent ownership in a public company through stock; claims to government agencies or companies that own bonds of the entity; and exchange-traded fund (ETF) units are also considered securities under the agreement. We may determine, in our sole discretion, which securities may be used when using our Services.

 

A target customer segment is a group of people with common characteristics that AGW-MS identifies as potential customers for its services.

 

A trading day is the time interval during which the execution venue is open.

 

Trading refers to the purchase or sale of securities.

 

Other terms used in this agreement must be interpreted in accordance with the meanings stipulated in the Colorado Financial Instruments Markets Act, Securities Laws, U.S. Bank Legal Actions, and Place of Execution Rules (Place of Order Execution). ), etc., unless otherwise expressly provided in this Agreement.

 

  1. Customer classification, target customer groups and suitability assessment

Taking into account the limited and uncomplicated range of securities and transactions available when using the Application, all customers belong to a target customer group, which is defined as retail customers, and receive the appropriate (i.e. the highest) level of protection as required by applicable legal acts. Customers may request classification into categories other than retail customers, but this does not affect how AGW-MS defines its target customer segments and decisions regarding reclassification of specific customers are at the sole discretion of AGW-MS.

 

Subject to applicable legal acts, AGW-MS considers the customer’s knowledge and experience in assessing the suitability of its products and services for the customer.

 

In order to be able to carry out the evaluation, AGW-MS collects information about the client’s knowledge and experience in the field of investments (if a legal entity uses the service, the knowledge and experience of the client’s representative is taken into account). For this purpose, AGW-MS requires customers to provide the necessary information by answering questions prepared by AGW-MS. AGW-MS relies on the information provided by the Client and is under no obligation to check its accuracy. However, if there is any doubt, AGW-MS may compare information using different sources available to AGW-MS.

 

We may refuse to provide service if the customer refuses to answer questions or if we conclude that the customer has provided incorrect information. If information previously provided to us changes, the customer is obliged to provide us with updated information by contacting us via one of the electronic channels within 3 (three) working days.

 

If we conclude that a client may not have sufficient knowledge and experience, we will issue a warning that clients are exposed to risks when investing that they may not fully understand, which may result in financial loss.

 

  1. Open investment account, deposit and withdraw money

An investment account will be opened for each client. The investment account will have the same functionality regardless of whether the client is a natural or legal person. However, applicable law grants natural person Customers additional rights to use the AGW-MS Services according to their individual needs.

 

An Investment Account (including any sub-account) may be used to deposit funds and use them to purchase securities and pay applicable fees as described in the Agreement. Additional features can be added according to any schedule of the agreement.

 

To deposit funds into an investment account, you will get detailed and specific instructions in the app. Funds will be deposited into the investment account with a delay of no more than 1 (one) working day on our end, however, this may be subject to existing rules and practices of other financial institutions providing services to you and/or AGW-MS The impact (in exceptional circumstances may take up to 7 working days). AGW-MS is not responsible for any delays and consequences caused by any third party.

 

AGW-MS does not accept third-party payments, which means funds in investment accounts must be easily traceable to ensure they come from clients. In case of any doubt, AGW-MS reserves the right to request documentary proof of ownership of funds.

 

If a third-party payment is discovered, or if there is doubt and the customer is unable to provide documentation, the funds will be returned to the same account from which they were received.

 

The right to access and use the investment account (including security credentials) is granted only to the client, and the client shall not allow others to use the investment account. If a legal entity uses the Services, access is granted to Customer representatives and the same rules described in this section apply. If the Client discovers illegal or abusive behavior on an investment account, the Client is obliged to notify AGW-MS immediately. More information about fraud prevention is available on our website.

 

The currency used to deposit funds must be USD. If the funds deposited into the investment account are in a currency different from U.S. dollars, the funds may be accepted, but all fees associated with conversion to U.S. dollars and acceptance will be deducted by the client from the amount deposited.

 

All entries in the investment account will be made in accordance with the customer order provided by the customer and other legal basis provided by the laws of the State of Colorado, USA.

 

Investment account statements and reports will be provided to clients within the app or via email.

 

Any income or other payments (such as dividends and interest payments) related to the securities held by the client will be accepted into the client’s investment account. This also applies to any fees or other deductions charged by any third party on securities held by the client.

 

Generally, funds can be withdrawn from an investment account at any time. However, in certain circumstances we may impose restrictions, which will be disclosed to you in advance. AGW-MS will process your withdrawal request within 1 (one) business day if there are sufficient funds available on the investment account (funds related to transactions that have not yet been settled at the time the withdrawal request is processed may not be withdrawn until the transaction is fully settled ).

  1. Order type, order placement, change, and order cancellation

There are 3 types of orders you can place when using the app: market orders, limit orders, and auto-invest orders:

 

Market orders are executed at the current market price.

A limit order sets the highest or lowest price at which you are willing to complete a trade.

Automated investing orders are placed by setting up recurring payments to purchase securities of your choice on a regular basis.

Place your order using the App and indicate all requested information on the standard form that will be provided to you. Order instructions can only be sent to AGW-MS via the app. Order instructions sent by email or using other means will not be considered legitimate order instructions by AGW-MS and will not be accepted.

 

Orders will be checked immediately upon receipt by the internal AGW-MS system against applicable limits, filters and trade monitoring metrics. If an order cannot be executed due to insufficient funds balance or applicable order restrictions or other reasons that may exist (including but not limited to restrictions on our execution broker or other third parties, execution venue or due to unusual financial market conditions), AGW-MS reserves the right not to accept orders or to delay delivery of orders. In such circumstances, we will not be liable to compensate you for any potential price differences that may exist at different times between the time you place your order and its execution.

 

All order instructions provided through the Application are assumed to be provided by the Customer. Granting investment account access to any third party is strictly prohibited.

 

There is a time lag between the moment an order is executed and the moment the trade is fully settled. Accepted and executed orders (in anticipation of a transaction taking place) will be immediately credited to the investment account, along with the amount of the fee payable. This means that the transaction may be credited to the investment account before settlement. These bookings are conditional bookings designed to reflect the financial status of the customer.

 

This may impact the client’s investment strategy, for example, the client may not be able to fully enforce its shareholder rights (e.g. by participating in a corporate action) with unsettled positions prior to the securities trading date without rights arising from and/or related to the corporate action. (Ex-dividend date).

 

AGW-MS may refuse to accept unclear, unusual or incorrect orders (such as orders placed after the termination of the Agreement). If an order is rejected (rejected), AGW-MS will notify the customer. AGW-MS is not liable for any losses if the order is not executed or is delayed.

 

Before placing an order, you must ensure that all fields are filled in and all values you enter are correct. You must also understand that you assume the risk of loss when placing an order.

 

Before submitting an order to sell a security, you must ensure that you have the required amount of the relevant security in your account.

 

Before submitting an order to purchase securities, you must ensure that there are sufficient funds in your account to execute the order and pay applicable fees.

 

Once your order has been accepted, we will provide you with a confirmation in the app.

 

You will also be notified if an order is declined (either by us or by the executing broker). Neither we nor the executing broker are obligated to provide any reason or justify a rejection.

 

We will make every effort to ensure that you can submit your order without any interruption, however, we are not responsible for any loss or expense resulting from improper operation of the internet or other communications/systems or the inability to use the submission function of your order. This occurred through no fault of AGW-MS.

 

Orders placed by telephone, in writing or in any other form different from those stated above will not be accepted.

 

If the customer does not have sufficient funds, AGW-MS reserves the right to refuse to accept any order without stating reasons and/or securities if acceptance of the order violates any legal requirements, rules of the place where the order is executed, good market practices; There are any overdue debts or other reasons that prevent the order from being accepted and/or executed.

 

The amount of funds or securities required to satisfy your obligations arising from transactions entered into pursuant to an order, including fees charged by AGW-MS, will be deducted from the Investment Account immediately upon receipt of the order without further instruction from you.

 

If the funds in the investment account are not in the currency to be paid or are insufficient, we will convert the necessary amount of funds at the exchange rate determined by us at that time.

 

In order to change the terms of an order, the customer must cancel the previous order and submit a new order. The customer has the right to cancel the order or change the terms of the order before the order is executed.

 

All orders that have been placed in the App can be canceled if they have not been fully filled (in the case of partial transactions, the remaining number of unfilled units can be cancelled). Customers can place new orders after canceling previous orders. In addition, customers can modify outstanding orders that have not yet been fully executed (such as changing the number of units to be bought or sold or changing the proposed execution price (limit price).

 

A submitted order may be canceled by the executing broker, any regulatory authority or other third party. This may also apply to certain positions. We will provide you with as much reasonable notice as possible of any such cancellation.

 

We may have to suspend the provision of our services through the App without prior notice, which may result in your access to the App or certain features of it (such as your ability to place an order). Transmission of orders that have been placed may also have to be suspended. pause. This may happen for the following reasons:

 

Orders from supervisory, law enforcement or other competent authorities.

 

Decisions of our partners (such as execution brokers or market data providers).

 

Changes in financial markets and issuer decisions.

 

Measures designed to prevent fraud, market abuse, money laundering and/or terrorist financing (including the imposition of international sanctions and restrictions) and/or other illegal activities committed by us or our partners.

 

The use of technical systems and tools belonging to us or our partners but which are part of our infrastructure becomes impossible or restricted. Where applicable, orders regarding financial instruments that are joint property of the spouses may only be filed by both spouses, unless one spouse files a power of attorney issued by the other spouse. An order regarding a financial instrument that is the separate property of a spouse may only be filed together with documentary evidence confirming the fact of individual ownership, except as provided by law.

 

If the spousal power of attorney granted to the Client is no longer valid for any reason (revoked, expired, etc.), the Client is obliged to inform AGW-MS immediately. Customers who fail to fulfill this obligation bear all related risks and must compensate AGW-MS for all losses suffered as a result.

 

  1. Instruction transmission and execution

Once we receive a correctly placed order, we transmit it to the executing broker for execution.

 

By entering into this Agreement, you agree to the Best Practices Policy available to you on our website.

 

Because prices in financial markets change rapidly and unexpectedly, your order may be executed at a worse price than when the order was placed. In this case we will not be liable to compensate you for these price differences.

 

  1. Custody and protection

In protecting our clients’ securities and funds, we take steps to ensure that our clients’ property rights are protected and to prevent illegal use of our clients’ assets. Funds owned by the Client and deposited into an investment account for the purpose of purchasing securities and funds received from the sale of securities (including any other form of income received by the Client) are the property of the Client and cannot be pursued as a debt by AGW-MS.

 

AGW-MS selects custody and protection service providers with due professionalism and care and grants them the right to store client assets with other service providers when the respective service provider is unable to store client assets directly. Securities belonging to the client may be held in an omnibus account opened with another financial brokerage firm or a commercial bank.

 

AGW-MS maintains sound and effective organizational, administrative, accounting and internal control procedures and shall take other measures to ensure the protection and security of its clients’ securities and funds.

 

  1. Corporate conduct

Where applicable, any information received by AGW-MS regarding corporate actions will be forwarded to you immediately via email, thus ensuring that you have sufficient time to react to the information received.

 

However, you are obligated to independently inquire and evaluate information regarding the Company’s actions, and you may use public sources of information for this purpose.

 

When possible, AGW-MS will promptly transmit information about corporate actions from you upon receipt, following a process consistent with the issuer’s deadline or record date.

 

You acknowledge that you understand that, in the event of certain corporate actions, AGW-MS has the right to impose restrictions on securities held by clients on the instructions of authorized third parties until the conclusion of the corporate action without receipt of instructions from the clients.

 

You agree to receive dividends in cash unless the dividend is unable to be received because the issuer decides to pay the dividend in another form.

 

In the event of certain corporate actions (such as a stock split, reverse stock split, merger or acquisition) where a customer is eligible to receive fractional shares as a result of an allocation ratio, the fractional shares of the security will be allocated to the customer if the fractional shares meet the following conditions: Questions can be found on AGW-MS. If fractional shares cannot be obtained, the customer will receive corresponding monetary compensation instead of fractional shares. This applies in any case regardless of the method of compensation chosen by the issuer of the securities.

 

If in the event of a merger, acquisition or spin-off the Client becomes eligible to obtain securities that are not available while using the AGW-MS Services, the Client agrees to receive appropriate monetary compensation.

 

To calculate any adjustments, AGW-MS rounds any amount below 0.01 to 0.00.

 

AGW-MS is not responsible for any losses suffered by the customer due to any of the above circumstances.

 

  1. Market conduct and related restrictions

To safeguard the integrity of financial markets and enhance investor confidence, market abuse rules (which typically involve insider trading, unlawful disclosure of inside information and market manipulation) apply to all clients. In order to be able to detect any potential cases of market abuse, we will monitor our clients’ investment activities. AGW-MS will investigate any suspicious activity and report it to the appropriate authorities.

 

If market abuse or other unusual trading practices are suspected (e.g. exploitation of apparent errors, speculative behavior), AGW-MS may restrict the use of its services, terminate the agreement and close investment accounts, and may also apply any other temporary or permanent restrictions, abuse or other malicious acts). Notify the customer whenever possible and explain the reasons, unless providing such information would have a negative impact on AGW-MS or any affected third party. AGW-MS shall not be liable for any losses suffered by the Customer as a result of such restrictions. If AGW-MS or any of its partners suffers losses due to the above-mentioned behavior of the customer, the customer must compensate it, and AGW-MS has the right to obtain at any time the profits obtained by the customer through the abusive behavior determined by AGW-MS.

 

If AGW-MS is affected by any action by an execution venue, clearing house or any other third party, AGW-MS will take all reasonable steps to avoid or reduce any negative consequences to its clients, but will not be liable for any losses suffered by its clients. . customers because of such restrictions.

 

This section also applies where the total value of assets held by the client exceeds the limit set by AGW-MS.

 

We also encourage you to notify us (by contacting our customer support team using the functionality available within the app) when you encounter content that violates the rules below.

 

Serious or repeated violations of the following rules may result in termination of this Agreement or other restrictions within a specified period or indefinitely.

 

All investment decisions must be based on the personal knowledge, judgment and risk appetite of the client making the decision. In the event of any doubt or doubt, customers are encouraged to seek independent professional advice.

 

Investment advice is a regulated financial service and those providing such services must obtain a license. Investment advice includes providing personal (to a specific person) advice about trading securities.

 

Notwithstanding any of the foregoing or any other provision of this Agreement, initiating, supporting, participating in, or otherwise facilitating the forwarding of any communications to:

 

Hate speech of any kind (racism, misogyny, race, etc.)

Calls for violence, fraud, suicide and self-harm, and any other illegal or immoral activity

Spread inaccurate or false information

Harassment and Bullying

third party advertising

Investment Advice

Impersonation or misrepresentation

spam

Swearing, vulgarity and swearing

Sensitive personal data

market abuse

copy trade

  1. Customer’s rights, obligations and confirmations

The Client confirms that all information and confirmations provided to AGW-MS are true and correct. If any information changes, Customer must notify AGW-MS within three (three) working days.

 

When submitting an order, the customer undertakes to strictly comply with the requirements set out in clause 7 above. Each time an order is submitted, the Customer acknowledges that the details specified and the Customer acknowledges that they have not changed at the time the order is submitted. If any information and confirmation provided by the customer changes when submitting the order, but the customer fails to notify AGW-MS, it will be deemed that the customer has intentionally failed to notify AGW-MS, and the customer must compensate AGW-MS for all losses incurred as a result.

 

The Client undertakes to ensure that the information provided by the Client to AGW-MS regarding the Client’s investment objectives, marital status (if applicable), financial situation and any other information requested by the Client is correct and complete. In providing services to customers, AGW-MS will rely on the most up-to-date information provided by customers. If the information provided by the customer is inaccurate, incomplete or the changed information is not updated in a timely manner, the customer shall be responsible for all consequences arising therefrom. The Client undertakes to provide any additional documents and information requested by AGW-MS at any time.

 

Customers are responsible for paying all taxes associated with securities purchased, including filing necessary tax returns and other documentation with the appropriate authorities. AGW-MS is not responsible for losses resulting from unpaid taxes, late payments or failure to submit required documents.

 

Customer has no right to assign its rights and obligations under this Agreement.

 

When using AGW-MS services, the Client is obliged to:

 

Strictly comply with this Agreement (its appendices and supplements) and applicable laws, including but not limited to anti-money laundering and counter-terrorism financing.

 

Provide true and correct information as required by AGW-MS.

 

Only use legally obtained funds to fund investment accounts.

 

Use the AGW-MS Services in a manner that will not cause loss, liability or other negative consequences or damage to AGW-MS or third parties.

 

You are not allowed to intentionally interfere with service provision, cause system failure, damage or destruction, and you are not allowed to organize or engage in illegal activities or behaviors such as harassment, discrimination, or abusive language.

 

Register as a Client only on your own behalf and may not use an anonymous phone number or email address, disclose personalized security credentials provided by AGW-MS to third parties, or allow third parties to use the Services on behalf of and/or in the name of the Client.

  1. Responsibility

AGW-MS will not compensate customers for losses suffered due to financial market crises or other negative changes, changes in exchange rates, prices and inflation. AGW-MS is not responsible for the solvency of the issuer or any third party, and has no obligation to compensate customers for losses suffered thereby.

 

AGW-MS is not responsible for losses caused by technical malfunctions resulting in the inability to use the Application, the inability to use the Internet as a means of communication, or the failure of the Client’s own technical resources.

 

In any event, the liability of a party to the other party for failure to perform or improper performance of its obligations under this Agreement shall be limited to the amount of direct losses suffered by the injured party thereby.

 

Both parties will not be held responsible if this agreement cannot be performed normally due to force majeure.

 

For debts under this agreement, the customer shall pay a late payment interest of 0.02% of the unpaid amount for each day of delay.

 

  1. Fees

Customer will pay the fees and costs set forth in the Fee Schedule, which is available at any time on the AGW-MS App and Website and is available separately to Customer upon request.

 

All fees and costs are deducted from the funds available in the investment account as they become payable.

 

Currency conversion rates are selected by AGW-MS and exchange rate markups are added as described in the Fee Schedule.

 

AGW-MS may increase or decrease applicable costs and fees from time to time due to:

 

Expenses incurred by AGW-MS arising from relationships with third parties (e.g. energy, telecommunications, trade execution, currency exchange, custody, settlement, software licensing, regulatory obligations, etc.);

changes in market conditions, adjustments related to the introduction of new features, services or functionality, or other business reasons;

Changes in the purpose of the service or the manner in which the service is provided.

Customer will be notified 10 (ten) working days in advance of any changes to the fee schedule. If costs and charges are changed for the benefit of the Client, these fees and charges will be effective immediately without prior notice to the Client.

 

  1. Changes to the Agreement, Termination and Succession of the Agreement

AGW-MS reserves the right to unilaterally change this Agreement (all documents that are part of this Agreement) upon 10 (ten) working days notice to the Client. If the client does not agree to the changes, they have the right to terminate by notifying AGW-MS 5 (five) working days in advance by email or other means as instructed by AGW-MS in the absence of securities and funds belonging to the client. This Agreement remains on the Investment Account and Client has properly performed its other obligations under this Agreement.

 

The Client has the right to unilaterally terminate this Agreement at any time by contacting AGW-MS via the customer service telephone number, provided that no securities and funds belonging to the Client are left on the investment account and the Client has properly performed its other obligations under the Agreement.

 

If the Client does not use the services of AGW-MS for more than three (three) subsequent years and no securities and funds belong to the Client remaining on the investment account.

 

AGW-MS may terminate this Agreement or restrict use of the Services without prior notice to Customer if Customer breaches its contractual obligations.

 

Because AGW-MS cannot control and reasonably foresee when signing this agreement and cannot prevent the occurrence of such circumstances or their consequences (force majeure), this agreement may be terminated, or AGW-MS’s use of the service may be restricted.

 

Upon termination of this Agreement, all amounts payable by Customer to AGW-MS will become due and deemed to have been canceled by Customer for all unexecuted orders prior to the termination of this Agreement. If no securities or funds are held in the Client’s investment account, the Client’s investment account will be closed.

 

If there are securities in the investment account, AGW-MS has the right to liquidate the positions belonging to the Client, regardless of their outcome, and to hold the Client’s funds until they are withdrawn. All relevant fees are payable by the customer at the rates in effect at the time of the relevant transaction.

 

Upon receipt of documentary proof of the client’s death, AGW-MS will close any of the client’s positions, regardless of the outcome, and hold the client’s funds until legally binding instructions are provided regarding the client’s heirs.

 

  1. Communication and exchange of information

By entering into this Agreement, Customer acknowledges and agrees that all information and notices provided by AGW-MS under this Agreement may be submitted only using the electronic channels specified in this Agreement.

 

Information about investment account balances, securities held and transactions executed will be available in the application at any time.

 

Customer understands that AGW-MS may record telephone conversations related to this Agreement, and Customer has no objection to and hereby consents to such recording.

 

All information obtained under this Agreement is confidential and may not be disclosed to any third party except where a party is required to disclose such information under applicable law.

 

Issuers have the right to request from AGW-MS information about their customers (i.e. owners of securities) at any time. This right may be exercised by making an inquiry to the central depository. AGW-MS must provide issuers and central depositories with the information they request.

 

  1. Language

This Agreement (including any schedules, supplements and changes) is provided in the most appropriate language selected by the Customer at the time of registration. However, Client agrees that AGW-MS may, at its sole discretion, provide information relating to its services and securities only in English.

 

We will do our best to ensure that other languages (e.g. Korean, Turkish) are also available upon your selection.

 

  1. Complaints

If you are not satisfied with our service, you can call our customer service hotline +1951-229-6657 and provide the following information to submit a complaint to help us properly handle your complaint:

 

Your full name (first and last name) and address.

A description of the problem you are experiencing (what happened and when).

We will review your complaint and take the following steps to resolve it:

 

We will acknowledge receipt of your complaint within one (one) working day.

 

We will send you a response within 15 (fifteen) business days of conducting a thorough investigation using the email address you provided to us during registration. In our response, we will inform you of the results of our investigation, the actions we have taken or will take to resolve the issue, and provide you with a solution.

 

In exceptional cases where a complaint cannot be resolved within 15 (fifteen) working days due to its complexity or other objective reasons, we will notify you by email stating the reasons for the extension and the final reply deadline. In any event, the time limit for a final response will not exceed 30 (thirty) calendar days from the date of receipt of the complaint.

 

Customers who are natural persons using AGW-MS services for their personal needs may choose to apply to an independent dispute resolution authority if our final decision does not fully satisfy the customer’s requirements. In this case, the customer can lodge a complaint with the bank in three ways:

 

Complaint handling is free of charge.

 

  1. Investor protection

AGW-MS is a member of the Colorado Investor Protection System.

 

Further information regarding the terms and conditions of investor liability insurance, including the circumstances in which investor liability is uninsured and the circumstances in which limitations apply to the payment of insurance benefits, are set forth in the schedule to this Agreement titled “Investor Protection” An explanation is available on the AGW-MS website. By entering into this Agreement, you acknowledge that this schedule has been provided to you.

 

We will also provide you with information about investor insurance liabilities once a year using the email address you provide us.

 

  1. Conflict of interest

AGW-MS seeks to conduct business in a legal, honest and ethical manner and to avoid the appearance of any conflict of interest. AGW-MS has internal control procedures in place to identify, monitor, manage and, where applicable, disclose conflicts of interest, which are summarized in the Conflict of Interest Policy available on the website.

 

  1. Market data

When using the Application, Client will have access to market data received by AGW-MS from third party market data providers. Market data is provided to customers free of charge.

 

Customer commits to comply with the obligations and restrictions listed below in this section.

 

Market data providers own proprietary and valuable intellectual property and market data constitute valuable confidential information as they are not available to the general public. Customers have access to such market data due to their existing contractual relationship with AGW-MS. The client must keep the market data confidential, i.e. the client may not redistribute the market data in any way or disclose it directly or indirectly: the client may not copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense the data available to it , edit, transfer or assign to a third party, or create derivative works based on the data, nor permit any third party to do so.

 

AGW-MS selects appropriate market data providers at its discretion. The Client receives Market Data from the Provider as is (unchanged). However, AGW-MS does not guarantee in any way the correctness, accuracy, completeness or timeliness of the data. If market data appears to be incorrect, the Client must not act based on such information but should notify AGW-MS immediately to prevent any errors.

 

AGW-MS and the market data providers disclaim all liability and shall not be liable to the client for any damages resulting from the use of market data provided to the client.

 

  1. Processing of personal data

The Client agrees that his/her personal data will be processed in accordance with the procedures set out in the Privacy Policy, which provides detailed information on the purposes of processing, categories of data processed, data recipients, data retention periods, your rights, including to The right to lodge a complaint with your national data protection authority, etc.

 

  1. Applicable law

This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Colorado, United States.

 

  1. Agreement Schedule

Overview of risks associated with financial instruments and investments

Privacy Policy

All the above documents are readily available on the AGW-MS app and website.

 

  1. Reporting obligations

As a financial institution, we are obligated to collect certain information about our customers for reporting purposes. We are obliged to provide such information to local authorities who may exchange it with authorities in other jurisdictions in accordance with intergovernmental agreements, laws or international agency rules governing the exchange of information, or directly with authorities in other jurisdictions .

 

By entering into an agreement with AGW-MS, the Client acknowledges and acknowledges that AGW-MS has the right, directly or indirectly, to collect and disclose information about its Clients to any relevant authority or its authorized parties.

 

The Client agrees to provide AGW-MS with all information reasonably requested by us from time to time in order to properly comply with our reporting obligations and acknowledges that we may provide information about our Client to any third party that we deem appropriate or required to comply with any reporting obligations.