<p>1. GENERAL REPRESENTATIONS AND WARRANTIES.</p><p>Customer represents and warrants that:<br />a) Customer is of sound mind, legal age and legal competence;<br />b) Customer (if not a natural person) is duly organized and validly existing under the applicable laws of the jurisdiction of its organization;<br />c) Execution and delivery of this Agreement and all transactions contemplated hereunder have been duly authorized by Customer and will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Customer;<br />d) Each person executing and delivering this Agreement has been duly authorized by Customer to do so;<br />e) No person other than the Customer has or will have an interest in Customer’s Account;<br />f) Regardless of any subsequent determination to the contrary, Customer is suitable to trade FX,<br />g) Customer is not now an employee of any exchange, any corporation in which any exchange owns a majority of the capital stock, any member of any exchange and/or firm registered on any exchange, or any bank, trust, or insurance company that trades the same instruments as those offered by ATM Capital , and in the event that Customer becomes so employed, Customer will promptly notify ATM Capital via e mail of such employment;<br />h) Customer has read and understands the Risk Disclosure Statement, Arbitration Agreement and Trading Policies contained in this Agreement;<br />i) Customer has conducted simulated trading using the demo trading platform for a period that has allowed the Customer to develop a full understanding of the trading platform;<br />j) All information provided by Customer to ATM Capital , including information regarding Customer’s trading experience and investment sophistication, is true, correct and complete, and Customer will notify ATM Capital promptly of any changes in such information; and<br />k) Customer will not engage in FX transactions for purposes of arbitrage or exploitation of temporary inaccuracies in any exchange rates or technical discrepancies.</p><p>2. DISCLOSURE OF FINANCIAL INFORMATION.</p><p>Customer represents and warrants that the financial information disclosed to ATM Capital in the Application is an accurate representation of the Customer’s current financial condition. Customer represents and warrants that in determining Customer’s Net Worth, Gross Income, Total Assets and Liabilities were carefully calculated. Customer represents and warrants that in determining the value of Total Assets, the Customer included cash and/or cash equivalents, Marketable securities, real estate owned (excluding primary residence), the cash value of life insurance and other valuable Assets. Customer represents and warrants that in determining the value of Liabilities, Customer included notes payable to banks (secured and unsecured), notes payable to relatives, real estate mortgages payable (excluding primary residence) and other debts. Customer represents and warrants that Customer has very carefully considered the portion of Customer’s Total Assets which Customer considers to be Risk Capital. Customer recognizes that Risk Capital is the amount of money Customer is willing to put at risk and if lost would not, in any way, change Customer’s lifestyle. Customer agrees to immediately inform ATM Capital if the Customer’s financial condition changes in such a way as to reduce Customer’s Net Worth and/or Risk Capital.</p><p>3. CREDIT.</p><p>Customer authorizes ATM Capital or agents acting on behalf of ATM Capital to investigate Customer’s credit standing and in connection therewith to contact such banks, financial institutions and credit agencies as ATM Capital shall deem appropriate to verify information regarding Customer. Customer further authorizes ATM Capital to investigate Customer’s current and past investment activity, and in connection therewith, to contact such futures commission merchants, exchanges, broker/dealers, banks, compliance data centers, and any other financial and investment institution as ATM Capital shall deem appropriate. Upon reasonable request made in writing by Customer to ATM Capital , Customer shall be allowed to review any records maintained by ATM Capital relating to Customer’s credit standing. Customer shall also be allowed, at Customer’s sole cost and expense, to copy such records. Customer acknowledges that Customer’s credit score may be impacted when ATM Capital accesses Customer’s credit file. Customer also acknowledges that ATM Capital may provide information (e.g. negative Account information of unsecured debts) regarding Customer’s performance under this Agreement to these agencies.</p><p>D. ORDER MANAGEMENT<br />1. CANCELLATION AND MODIFICATION REQUESTS.</p><p>Customer acknowledges that it may not be possible to cancel or modify an order. Customer understands and agrees that, if an order cannot be cancelled or modified, Customer is bound by any execution of the original order. ATM Capital is not liable to Customer if ATM Capital is unable to cancel or modify an order. Customer further acknowledges that attempts to modify or cancel and replace an order can result in an over-execution of the order, or the execution of duplicate orders, that ATM Capital ’s systems do not prevent over-execution on duplicate orders from occurring, and that Customer shall be responsible for all such executions. Customer agrees not to assume that any order has been executed or cancelled until Customer has received confirmation from ATM Capital with regard to order execution. Customer is responsible for knowing the status of Customer‘s pending orders before entering additional orders. Customer agrees to contact ATM Capital in the event Customer is unclear on the status of an order. Customer agrees to regularly review Customer’s online Account Statement to confirm the status of Customer’s orders.</p><p>2. STATEMENTS AND CONFIRMATION.</p><p>Reports of the confirmation of orders and statements of Accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer if not objected to immediately upon receipt and confirmed in writing within one (1) business day after the execution of the Customer’s order. ATM Capital will provide Customer access to view Customer’s Account at any time with an online login via the Internet. ATM Capital will not provide trade confirmation via postal mail. Written objections on Customer’s part shall be directed to ATM Capital located at: Evalanch Ltd North Eastern Properties, HIS building, Office No.6B, Providence Mahe, Seychelles, and shall be deemed received only if actually sent via e mail or delivered or mailed by registered mail, return receipt requested. Failure to object shall be deemed ratification of all actions taken by ATM Capital or its agents prior to Customer’s receipt of said reports. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein.</p><p>3. CHARGES.</p><p>Customer shall pay such charges (including, without limitation, markups and markdowns, statement charges, idle Account charges, order cancellation charges, Account transfer charges, introducing broker and Money Manager fees, or other charges) arising out of ATM Capital providing services hereunder. ATM Capital may change its charges without notice. All such charges shall be paid by customer as they are incurred, or as ATM Capital in its sole and absolute discretion may determine, and Customer hereby authorizes ATM Capital to withdraw the amount of any such charges from Customer’s Account(s).</p><p>4. DEPOSITS AND WITHDRAWALS.</p><p>ATM Capital shall neither receive nor disburse Customer’s funds in cash currency or cash equivalents. All transactions between Customer and ATM Capital shall be performed by wire, Automatic Clearing House (“ACH”) or other method in which the identities of both the sending and receiving parties can be verified by ATM Capital and which ATM Capital , in its sole discretion, shall deem appropriate. ATM Capital shall perform deposit/withdrawal transactions only between Customer’s ATM Capital Account and another Account which is held in Customer’s name or of which Customer clearly demonstrates ownership to ATM Capital . In order to prevent money laundering, fraud, and other unauthorized activity, ATM Capital may limit Customer’s withdrawal options.</p><p>5. ATM Capital ’s RESPONSIBILITIES.</p><p>ATM Capital will not be responsible for delays in the transmission of orders due to a breakdown or failure of transmission or communication facilities, electrical power outage or for any other cause beyond ATM Capital ’s control or anticipation. ATM Capital shall not be liable for losses arising from the default of any agent or any other party used by ATM Capital under this agreement.<br />6. CURRENCY FLUCTUATION RISK.<br />If Customer directs ATM Capital to enter into any foreign exchange FX transaction:<br />(a) any profit or loss arising as a result of a fluctuation in the exchange rate affecting such currency will be entirely for Customer’s Account and risk;<br />(b) all initial and subsequent deposits for margin purposes shall be made in USD, or another currency which ATM Capital may choose to accept, in such amounts as ATM Capital may in its sole discretion require, with subsequent deposits being in the same currency as the initial deposit; and (c) ATM Capital is authorized to convert funds in Customer’s Account for margin into and from such foreign currency at a rate of exchange determined by ATM Capital in its sole discretion on the basis of then prevailing money market rates.</p><p>7. CROSS TRADE CONSENT.</p><p>Customer hereby acknowledges and agrees that ATM Capital may act as the counter-party to Customer for any trade entered for the undersigned’s Account. The undersigned hereby consents to any such transaction, subject to the limitations and conditions, if any, contained in the Rules or Regulations of any bank, institution, exchange or board of trade upon which such buy or sell orders are executed, and subject to the limitations and conditions, if any, contained in any applicable Regulations of the Seychelles Financial Services Authority or other regulatory agency.</p>