Elev8 Black بلیک کی شرائط و ضوابط

1. Definitions

1.1. All terms used in these Terms and Conditions shall have the meanings defined in the Customer Agreement, as amended from time to time, unless otherwise specified herein.

1.2. In these Terms and Conditions, the following definitions apply:

1.2.1. Client: A person who has entered into a Customer Agreement with the Company.

1.2.2. Company: Keytech Limited, registered and governed by the law of Seychelles under business reg. number 8430672-1, licensed and regulated by the Seychelles Financial Services Authority under licence number SD131, which operates the website https://www.elev8.com. Registration addres: CT House, Office 9A, Providence, Mahe, Seychelles.

1.2.3. Customer Agreement: The agreement entered into between the Client and the Company that outlines the Terms and Conditions governing the use of the Company's services, available at the following link: [Customer agreement], as may be amended, updated, or replaced by the Company from time to time.

1.2.4. Member: A Client who has been accepted into the Program and designated by the Company as a Member, subject to meeting the Membership Criteria and successfully passing the Company's internal assessment.

1.2.5. Membership: A form of premium participation in the Program that grants the Member access to a dedicated set of Privileges and conditions distinct from those available under the Status Program. The scope and availability of Membership Privileges are determined at the Company's discretion and may vary by jurisdiction. The Membership may be reviewed and adjusted by the Company at its discretion based on the Member's activity and fulfilment of the Membership Criteria.

1.2.6. Membership Criteria: The set criteria the Client must meet to be eligible for Membership.

1.2.7. Qualification Period: The continuous period beginning on the date the Client is granted Membership and ending on the Membership Qualification Date.

1.2.8. Status Program: A loyalty program available to all registered Clients who are not participants in any other loyalty program offered by the Company. The description and Terms and Conditions of the Status Program are available at the following link: Status Program Terms and Conditions.

1.2.9. Membership Qualification Date: The date on which the current Qualification Period ends, after which the Company will reassess the Member's eligibility for continued participation in the Program and may confirm, adjust, or downgrade the Membership to another applicable Status within the Status Program.

1.2.10. Profile: A personal profile created by the Company for the Client within the Company's Services. The Profile is for the Client's private use only and allows the Client to manage their personal information and all Trading Account settings.

1.2.11. Program Page: Section of the Client's Profile dedicated to the Program. It allows the Client to manage their Privileges and Challenges and view information about the Membership.

1.2.12. Privileges: The benefits and offers available to Members under the Program. The scope, availability, and nature of these Privileges may vary by jurisdiction and are determined at the Company's discretion.

1.2.13. Challenges: Specific tasks or assignments set by the Company within the Program that the Member can choose to participate in. Upon successful completion of a Challenge, the Member may receive rewards, which may include Privileges and other incentives. The conditions, difficulty, and rewards for each Challenge are determined by the Company, acting reasonably, and may vary. Participation in Challenges is voluntary and subject to the terms set out for each individual task.

1.2.14. Rewards Catalogue: Section of the Client's Profile dedicated to Privileges that can be claimed through the Company's points system, as specified in the Rewards Catalogue's Terms and Conditions available at the following link: Rewards Catalogue Terms and Conditions.

2. Program and Membership overview

2.1. The Program is an exclusive invitation-only premium loyalty program available to Clients who meet the Membership Criteria, as determined at the Company's sole discretion and are not publicly disclosed.

2.2. The Program is available only in certain regions where it is supported by the Company. Within these regions, the specific Terms and Conditions of the Program may vary depending on local requirements and the Company's description. Eligibility for Membership may also be limited for Clients from specific countries or jurisdictions, as determined by the Company.

2.3. A Client becomes a Member of the Program upon receiving an invitation from the Company and confirming their acceptance. The Membership is non-transferable and can only be used by the individual Client to whom it was granted.

3. Membership assessment and changes

3.1. The Company regularly assesses whether the Client satisfies the Membership Criteria set by the Company. Based on this assessment, Membership may be granted, ceased, or downgraded to the Platinum Status of the Status Program.

3.2. Membership in the Program is exclusive and cannot be held alongside any other Status of the Status Program or participation in any other loyalty program offered by the Company. Upon being granted Membership, the Client's existing Status in the Status Program automatically ends, and all Rewards associated with that Status will no longer be available. If Membership is revoked, the Member's previous Platinum Status and all Rewards in the Status Program will be reinstated.

3.3. Once granted, the Membership will be displayed on the Program Page.

4. Membership Criteria

4.1. To qualify for or maintain Membership, the Client must meet the Membership Criteria established and applied by the Company. These criteria may include eligibility checks, activity assessments, or other factors determined by the Company. The Membership Criteria are non-public and are not subject to disclosure. The Company reserves the right to review, update, or replace the Membership Criteria at any time without prior notice and without any obligation to Clients. Any decisions made by the Company regarding the application or modification of the Membership Criteria are final and binding.

5. Qualification Period and renewal

5.1. The Qualification Period is 6 (six) months (180 days).

5.2. To renew their Membership, the Member must meet the Membership Criteria applicable to the current Qualification Period. The Company will assess the Member's eligibility on the Qualification Date in accordance with the non-public Membership Criteria, which may include eligibility checks, activity assessments, or other factors determined by the Company.

5.3. If the Member does not meet the applicable Membership Criteria, the Company may refuse to renew the Membership at the end of the current Qualification Period and may downgrade the Member to the Platinum Status within the Status Program.

5.4. If, on the Qualification Date, the Member is deemed to have met the applicable Membership Criteria, the Company may extend the Membership for the subsequent Qualification Period. Unless the Member has been notified of a Membership downgrade or termination, the Membership will automatically renew for the next Qualification Period.

5.5. All decisions of the Company regarding Membership renewal, extension, downgrade, or termination are final. The Member is not entitled to any compensation, refund, or other remedy in connection with the non-renewal, downgrade, or termination of Membership.

6. Black Trial

6.1. Black Trial is a limited version of the Program that provides access to the Program's mechanics and to a selected set of Privileges. The Black Trial may be granted to Clients based on their in-product activity or other internal criteria determined by the Company. All decisions of the Company regarding the granting, renewal, or withdrawal of the Black Trial are final and do not entitle the Client to any compensation or other remedy.

6.2. The Black Trial will be available for a fixed duration, which will be specified when the Black Trial is granted. The Company may extend or shorten the trial period at its discretion.

6.3. During the Black Trial period, Clients will have access to a limited set of Privileges, which may differ from those available under full Membership. Certain Privileges may not be available during the trial.

6.4. Clients may qualify for full Membership if they meet all Membership Criteria during the Black Trial period. These criteria, along with the remaining duration of the trial, will be displayed on the Program Page.

6.5. The Company reserves the right to terminate or revoke the Black Trial at any time if the Client fails to meet the required criteria or violates any terms of the Program. In such cases, the Client will lose access to the Privileges available under the Black Trial and may be downgraded to the appropriate Status in the Status Program.

6.6. The Black Trial is non-transferable and may only be used by the individual to whom it was granted. It cannot be shared, transferred, or assigned to any other person.

7. Privileges

7.1. The Membership grants the Member access to a range of Privileges offered by the Company. These Privileges may include, but are not limited to:

7.1.1. Status Privileges available to all Members:

7.1.1.1. faster Customer Support

7.1.1.2. priority transactions

7.1.1.3. other Privileges as listed on the Program Page.

7.1.2. Monthly Privileges. The Member may select additional Privileges each month of the Qualification Period, including but not limited to:

7.1.2.1. improved trading conditions (such as reduced spreads)

7.1.2.2. exclusive analytics and market-insight services (such as subscriptions to financial magazines), which are provided for general informational purposes only and do not constitute personalised investment advice or a recommendation

7.1.2.3. individual sessions with trading experts

7.1.2.4. status-exclusive educational webinars and promotions

7.1.2.5. other Privileges as listed on the Program Page.

7.1.3. Where a Privilege relates to trading conditions, including but not limited to reduced spreads or any other CFD-related terms, such Privilege is offered subject to, and does not modify or override, the risk warnings, leverage disclosures, and other disclosures applicable to CFD trading under the Customer Agreement. CFD trading involves leveraged products, carries a high level of risk, and may result in losses exceeding the Client's initial investment.

7.2. Additional Privileges may be granted to the Member in accordance with the rules and conditions published on the Program Page. Additional Privileges may be provided:

7.2.1. for successful completion of Challenges

7.2.2. for participation in promotional activities or events

7.2.3. as a gift from the Company, as communicated through the Program Page

7.2.4. upon being claimed through the Company's Rewards Catalogue. The item selection presented to the Member in the Rewards Catalogue includes, but is not limited to, purchasable Privileges exclusive to the Membership.

7.3. The Member may access and review the available Privileges through their Profile.

7.4. The Company reserves the right to amend, modify, or discontinue the Privileges available to Members at its sole discretion, and shall provide reasonable prior notice of any such change via the Program Page where practicable, provided that no such change shall affect a Privilege already earned and confirmed to the Member prior to the change taking effect.

7.5. Privileges may not be substituted for cash payments or any other form of compensation. If a Privilege cannot be provided to the Member due to circumstances beyond the Company's control, the Company may, at its discretion, offer an alternative Privilege of equivalent value, but shall not be obligated to provide a cash equivalent or compensation.

7.6. The Privileges available to a Member may differ depending on various circumstances, including but not limited to legal, technical, or operational limitations, and are determined at the Company's discretion. As a result, Members may have access to different types or volumes of Privileges. The Member acknowledges and agrees that they have no entitlement to Privileges that may be available to other Members.

7.7. As a rule, all Privileges are provided directly to the Member. The Member shall not have the right to request the provision of any Privileges to third parties, including but not limited to family members, friends, or any other individuals, unless expressly allowed by the terms of the specific Privileges.

7.8. The Company shall not be held liable if the Member is unable to access any Privileges, whether due to circumstances beyond the Company's control, technical issues, or any other reason not attributable to the Company.

7.9. The Privileges are a loyalty benefit and are not conditional on the volume, frequency, or value of the Member's trading activity, nor are they intended to induce the Member to trade more frequently or in a manner inconsistent with the Member's interests or investment objectives. The Company operates the Program consistently with its Conflict of Interest Policy and applicable Conduct of Business requirements.

7.10. Any analytics, market-insight materials, educational webinars, or sessions with trading experts provided as Privileges are for general informational and educational purposes only. They do not constitute investment advice, a personal recommendation, or an invitation to enter into any particular transaction, and they do not guarantee any trading result or performance. The Member remains solely responsible for their own trading decisions.

8. Membership termination

8.1. Voluntary termination

8.1.1. The Member may terminate their Membership at any time by contacting the Company via email at support@elev8.com, indicating their wish to no longer participate in the Program.

8.2. Termination by the Company

8.2.1. The Company may terminate Membership in the following circumstances:

8.2.1.1. Violation by the Member of any applicable laws, regulations, or any of the Company's documents and policies, including but not limited to the Customer Agreement, these Terms and Conditions, and other relevant terms.

8.2.1.2. Engagement by the Member in behaviour that, in the Company's reasonable opinion, is deemed abusive, fraudulent, or contrary to the principles of the Program, as well as conduct considered inappropriate or harmful to the integrity of the Program.

8.2.1.3. Violation of the Membership requirements or engagement in any activities that undermine the integrity or proper functioning of the Program.

8.2.1.4. Termination of the Customer Agreement for any reason.

8.2.1.5. Failure by the Member to meet the Membership Criteria during the Qualification Period.

8.2.1.6. If the Member becomes a participant in another loyalty program offered by the Company.

8.2.1.7. At the sole discretion of the Company, acting reasonably, for any other reason, including reasons not related to any breach of obligations by the Member (including but not limited to external events, regulatory changes, technical issues, or any other reasons deemed necessary by the Company).

8.3. Consequences of termination

8.3.1. Upon termination for any reason, the Member will cease to be a Member of the Program and will forfeit all Privileges associated with the Membership, save that where termination occurs under Clause 8.2.1.4 or 8.2.1.7 (i.e., for reasons other than the Member's breach, fraud, or misconduct under Clauses 8.2.1.1–8.2.1.3 and 8.2.1.5–8.2.1.6), any Privilege already earned and confirmed to the Member prior to termination shall not be forfeited. Any other benefits and Privileges accrued during the Qualification Period will be nullified unless otherwise specified by the Company.

8.3.2. The Client acknowledges and agrees that they shall have no claim for compensation, reimbursement, or any form of redress for unused Privileges that were not provided. This includes, but is not limited to, any benefits not redeemed or any Privileges that the Client was unable to access prior to termination.

8.3.3. Depending on the reason for termination, the Company may, at its discretion, provide the Client with an appropriate Status in the Status Program or offer no compensation, subject always to Clause 3.2 (automatic reinstatement of the previous Platinum Status and associated Rewards where Membership is revoked).

8.3.4. Following the termination of Membership, the Company shall bear no responsibility or liability in relation to the cessation of the Membership. The Client acknowledges and agrees that they shall have no claim for compensation, reimbursement, or any form of redress for Privileges not provided prior to termination.

8.3.5. Following the cessation of Membership, the Company will retain and process the Client's personal data in accordance with its Privacy Policy for as long as required by law or necessary for legitimate business purposes. The Client may request the deletion of their personal data, subject to the limitations set out in the Company's Privacy Policy.

8.3.6. If the Client becomes a participant in another loyalty program offered by the Company, their participation in the Program will be terminated, and they will be subject to the Terms and Conditions of the new program.

9. Changes to the Program

9.1. The Company reserves the right, at its sole discretion, to amend, suspend, or terminate the Program, in whole or in part, at any time, without prior notice to the Member. Any such amendments will be effective immediately upon posting on the Company's website or through the Member's Profile.

9.2. In the event of any conflict between this version of the Program's Terms and Conditions and any version published on the Company's website or in the Profile, the most recent version shall prevail.

9.3. The Member is responsible for regularly reviewing the Program's Terms and Conditions. Continued participation in the Program after any changes have been made constitutes the Member's acceptance of the modified Terms and Conditions.

9.4. The Company may, at its sole discretion, suspend, limit, revoke, or adjust the Member's access to any Privileges in the following circumstances:

9.4.1. If the Member breaches any provision of the Customer Agreement or violates any policies, guidelines, or other documents set out by the Company.

9.4.2. If the Company is unable to provide the Privileges due to circumstances beyond its control, including but not limited to external events, regulatory changes, or technical issues.

10. Data sharing

10.1. The Privileges provided under the Program may be delivered by the Company itself or through its affiliated entities, partners, agents, or other third-party service providers involved in the fulfilment of such Privileges (collectively, 'Service Providers'), each of whom shall be contractually bound to protect any personal data shared with them to a standard consistent with the Data Protection Act, 2023. Information about specific Service Providers involved in delivering a particular Privilege may be displayed on the Program Page.

10.2. In connection with the provision of the Privileges under the Program, the Company may be required to transfer the Member's personal data to these Service Providers for the purposes of providing services, processing subscriptions, and fulfilling any other purpose specifically described in the Company's Privacy Policy.

10.3. The Company will ensure that any personal data shared with these Service Providers is limited to the minimum necessary for the provision of the respective services. The sharing of personal data will comply with the terms set out in the Customer Agreement, Privacy Policy, and any other applicable policies of the Company, as well as with the Data Protection Act, 2023, including its requirements concerning cross-border transfers of personal data.

10.4. The Member acknowledges and agrees to the sharing of their personal data with the Service Providers as described herein. The Member further consents to the transfer of their personal data to such Service Providers, as required to facilitate the provision of the Privileges under the Program.

10.5. If necessary, the Member agrees to cooperate reasonably by providing any additional consents or authorisations required to enable the Company to transfer their personal data to the Service Providers.

10.6. The Member acknowledges that failure to provide the necessary consents or authorisations may result in the Member's inability to access the specific Privilege for which such consent or authorisation is required, without affecting the Member's continued participation in the Program or access to other Privileges available under the Program.

10.7. Unless otherwise notified, the Company may also use and publish the Member's personal data for promotional and marketing purposes, on the basis of the Company's legitimate interest in maintaining its relationship with the Client in accordance with the terms set forth in the Privacy Policy.

11. Intellectual property

11.1. All intellectual property rights, including but not limited to trademarks, logos, content, and materials provided through the Program, are owned by the Company or its licensors. The Member agrees not to use, copy, distribute, or modify any intellectual property belonging to the Company without prior written consent.

12. Limitation of liability

12.1. The Company shall not be liable for any damages, losses, or expenses incurred by the Client as a result of their participation in the Program, including but not limited to issues related to system malfunctions, delays, or interruptions.

12.2. The Company shall not be held liable for any failure or delay in performance under these Terms and Conditions due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, labour disputes, internet failures, or any other force majeure events.

13. General terms

13.1. The Member is solely responsible for any taxes, fees, or other charges that may apply to the Privileges derived from their participation in the Program, as required by applicable law. The Company shall not be liable for any such taxes, fees, or other charges.

13.2. All disputes and disagreements arising from or in connection with the Program shall be governed by the laws and resolved in accordance with the procedures set out in the Customer Agreement.

13.3. The Company may assign its rights or obligations under these Terms and Conditions to any affiliate or third-party provider at its discretion.

13.4. If any provision of these Terms and Conditions is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

13.5. Any matters not explicitly addressed in these Terms and Conditions shall be governed by the provisions of the Customer Agreement and any other relevant documents or policies of the Company.

13.6. The Client may contact the Company's Customer Support by email at support@elev8.com regarding any issues, questions, or concerns related to the Program.

13.7. Risk warning. Trading in securities, derivatives, and other leveraged financial instruments carries a high level of risk and may result in the loss of all invested capital, and may not be suitable for all investors. Participation in the Program does not reduce these risks. The Member should ensure they understand the risks involved and seek independent advice where necessary.