Restricted Persons & Jurisdictions Policy

1.1 This Policy

This Restricted Persons & Jurisdictions Policy (this "Policy") forms part of the Altus Terms of Service and sets out the persons, jurisdictions, and circumstances under which access to or use of the Services is prohibited or restricted.

1.2 Capitalized Terms

Capitalized terms not defined in this Policy have the meanings assigned to them in the Terms of Service.

1.3 Continuing Application

This Policy applies at onboarding and on a continuing basis for so long as you access or use the Services, maintain an Account, hold any position, or have any pending deposit, withdrawal, order, transaction, or obligation.

2.1 Prohibition

The Services are not available to any US Person, regardless of where such person resides, is located, or accesses the Services.

2.2 Definition of US Person

For purposes of this Policy, "US Person" includes:

(a) any citizen of the United States;

(b) any lawful permanent resident of the United States, including any green-card holder;

(c) any individual treated as a U.S. tax resident, including under the IRS substantial-presence test;

(d) any person presenting U.S. indicia, including a U.S. place of birth, U.S. residential or mailing address, U.S. telephone number, U.S. bank account, or standing instructions to transfer funds to a U.S. account, unless such indicia are cured by documentary evidence satisfactory to us;

(e) any entity organized, incorporated, formed, registered, or established in the United States; and

(f) any account held for, controlled by, or beneficially owned by any of the foregoing.

2.3 Applicable Standards

This definition is applied consistently with applicable U.S. securities, tax, FATCA-related, and other legal or regulatory requirements, including Regulation S under the U.S. Securities Act where relevant.

2.4 Documentation

As a non-U.S. person, you may be required to provide a valid IRS Form W-8BEN or W-8BEN-E and any other documentation requested by us, the Broker, the Clearing Firm, or our service providers to verify your non-U.S. status.

3.1 Jurisdiction Restrictions

KYC/KYB verification, account opening, trading, funding, withdrawals, and use of the Services are not available to persons who are residents or nationals of, located in, organized in, incorporated in, or otherwise accessing the Services from any Restricted Jurisdiction.

3.2 Restricted Jurisdictions

For purposes of this Policy, "Restricted Jurisdictions" include:

(a) United States;

(b) United Kingdom;

(c) European Union and European Economic Area member states;

(d) Canada;

(e) Japan;

(f) Russia;

(g) Belarus;

(h) Cuba;

(i) Iran;

(j) North Korea; and

(k) Syria.

3.3 Restricted Regions of Ukraine

The Services are also not available to persons located in, resident in, organized in, or otherwise operating from the following regions of Ukraine:

(a) Crimea;

(b) Sevastopol;

(c) Luhansk; and

(d) Donetsk.

3.4 Sanctioned Jurisdictions

The Services are not available in any jurisdiction, territory, or region subject to comprehensive sanctions administered by:

(a) the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC");

(b) the United Nations;

(c) the European Union;

(d) the United Kingdom; or

(e) any other applicable sanctions authority.

3.5 Sanctioned Persons

The Services are not available to any person or entity that is:

(a) listed on any applicable sanctions list;

(b) owned or controlled by a person or entity listed on any applicable sanctions list;

(c) acting on behalf of or for the benefit of any sanctioned person or entity; or

(d) otherwise subject to applicable sanctions.

Applicable sanctions lists include the OFAC Specially Designated Nationals and Blocked Persons List ("SDN List") and any equivalent sanctions list maintained by the United Nations, European Union, United Kingdom, or other applicable sanctions authority.

3.6 Changes to Restricted List

The Restricted Jurisdictions list may be amended, supplemented, or replaced at any time based on legal, regulatory, compliance, sanctions, risk, partner, service-availability, or operational requirements.

The current list is maintained on this page.

4.1 Continuing Representations

By opening, accessing, or maintaining an Account, and each time you access or use the Services, you represent, warrant, and covenant on a continuing basis that:

(a) you are not a US Person;

(b) you are not a resident or national of, located in, organized in, incorporated in, or accessing the Services from any Restricted Jurisdiction;

(c) you are not acting for, on behalf of, or for the benefit of any US Person, Restricted Person, sanctioned person, or person in a Restricted Jurisdiction;

(d) you are not subject to any applicable sanctions;

(e) you are not listed on any OFAC, United Nations, European Union, United Kingdom, SDN, or equivalent sanctions list;

(f) you are not owned or controlled by, and are not acting on behalf of or for the benefit of, any sanctioned person or entity;

(g) all information and documents you provide are true, accurate, complete, current, and not misleading; and

(h) you will provide a valid IRS Form W-8BEN or W-8BEN-E and any other documentation required to verify your identity, residency, nationality, tax status, source of funds, source of wealth, ownership, control, and eligibility.

4.2 Duty to Notify

These representations are continuing.

You must notify us immediately if any representation becomes inaccurate, incomplete, expired, or misleading, or if your status, residency, nationality, tax status, sanctions status, ownership, control, location, or eligibility changes.

5.1 Screening

We may screen applicants, account holders, authorized persons, directors, officers, control persons, beneficial owners, funding sources, wallets, devices, access locations, and transactions at onboarding and on a continuing, periodic, and trigger-based basis.

5.2 Screening Methods

Screening may include:

(a) identity verification;

(b) business verification;

(c) sanctions screening;

(d) politically exposed person screening;

(e) adverse-media screening;

(f) source-of-funds and source-of-wealth checks;

(g) wallet screening;

(h) geolocation checks;

(i) IP, device, and access-pattern review; and

(j) transaction monitoring.

5.3 Circumvention Prohibited

Any attempt to circumvent our verification, eligibility, geolocation, sanctions, AML/CTF, or screening controls is strictly prohibited.

This includes:

(a) using VPNs, proxies, anonymizers, or similar tools to obscure location;

(b) providing false, forged, misleading, incomplete, or outdated documents;

(c) using nominee arrangements, shell structures, or misleading ownership or control information;

(d) misrepresenting residency, nationality, location, tax status, source of funds, or source of wealth; or

(e) accessing or using the Services for the benefit of any ineligible, restricted, or sanctioned person.

5.4 Risk Actions

We, the Broker, or the Clearing Firm may decline, delay, restrict, freeze, suspend, liquidate, close, cancel, reverse, or refuse any Account, order, deposit, withdrawal, position, or transaction on eligibility, sanctions, AML/CTF, fraud, legal, regulatory, operational, risk, partner, or service-availability grounds.

6.1 Change of Status

If at any time you become, or suspect that you may have become, a US Person, Restricted Person, resident or national of a Restricted Jurisdiction, located in a Restricted Jurisdiction, subject to sanctions, or otherwise ineligible, you must notify us immediately.

6.2 Restriction or Closure

We, the Broker, or the Clearing Firm may restrict, suspend, liquidate, or close your Account without prior notice where permitted by applicable law.

6.3 Losses

Such action may result in losses.

To the maximum extent permitted by applicable law, we are not responsible for losses resulting from restrictions, liquidation, closure, delayed withdrawals, rejected orders, canceled transactions, or other actions taken for eligibility, sanctions, AML/CTF, legal, regulatory, operational, risk, partner, or service-availability reasons.

6.4 Breach or Circumvention

Where an Account was opened, maintained, funded, or used in breach of this Policy or through circumvention of our controls, we may, to the extent permitted by applicable law:

(a) cancel or reverse affected transactions;

(b) restrict withdrawals;

(c) liquidate positions;

(d) withhold profits attributable to the breach;

(e) return only verified principal after required checks; and

(f) report the matter to competent authorities.

6.5 Return of Funds

Any returned funds will be sent only to a verified non-U.S. funding source or another approved verified destination, subject to sanctions, AML/CTF, tax, legal, regulatory, operational, and service-provider requirements.

7.1 No Offer or Solicitation

The Services are not directed at, and do not constitute an offer, recommendation, invitation, inducement, or solicitation to, any person in any jurisdiction where such offer, recommendation, invitation, inducement, solicitation, access, or use would be unlawful or would require registration, licensing, authorization, or approval not held by the Company.

7.2 User Initiative

You access and use the Services solely on your own initiative.

You are solely responsible for determining whether your access to and use of the Services comply with the laws, regulations, rules, and requirements applicable to you.

7.3 No Solicitation by Availability

Accessing the Services on your own initiative, or the availability of the Services, website, application, content, or materials, does not create any obligation on, or constitute solicitation by, the Company.

8.1 No Intentional Targeting

We do not intentionally market, advertise, promote, offer, or direct the Services to US Persons, Restricted Persons, sanctioned persons, or persons in Restricted Jurisdictions.

8.2 Availability Not Authorization

The availability of the website, application, English-language materials, market data, content, or other information does not mean that the Services are offered, solicited, authorized, approved, or available in any jurisdiction.

8.3 Blocking and Verification

We may block access, reject onboarding, restrict accounts, or require additional verification based on:

(a) location;

(b) residency;

(c) nationality;

(d) IP address;

(e) device signals;

(f) access patterns;

(g) sanctions risk;

(h) partner requirements;

(i) service availability; or

(j) other risk indicators.

9.1 No Waiver

No failure or delay by us in enforcing any provision of this Policy shall operate as a waiver of that provision or of any right, power, or remedy.

9.2 Cumulative Remedies

Our rights and remedies under this Policy are cumulative and in addition to any rights or remedies available under the Terms of Service, applicable Broker or Clearing Firm agreements, partner requirements, or applicable law.

10.1 Updates

We may amend, supplement, or replace this Policy at any time by posting an updated version with a new "Last Updated" date.

10.2 Continued Use

Your continued access to or use of the Services after the updated Policy becomes effective constitutes acceptance of the updated Policy.

10.3 Rejection

If you do not agree to the updated Policy, you must stop using the Services and close your Account, subject to settlement of open positions, fees, obligations, sanctions, AML/CTF, legal, regulatory, and operational requirements.

For questions about this Policy, contact:

info@altus.trade