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MikeFX34

Terms & Conditions

Last updated: 25 August 2026

Regulatory status — please read carefully.

MikeFX34 (Pty) Ltd (Registration No. 2026/601469/07) is a South African technology company. The Company is not itself an authorised Financial Services Provider and is not licensed in its own name by the Financial Sector Conduct Authority (FSCA).

Michael Hattingh is a Representative of CompliShield Financial Group, FSP 53590. That representative status is personal to him and is held under CompliShield's licence — it does not extend to MikeFX34 (Pty) Ltd, its software, its community, or any other team member or partner.

Everything supplied through the MikeFX34 platform — software, Expert Advisors, indicators, charting tools, educational material and community access — is provided by the Company on a technology and education basis only, and does not constitute financial advice. Nothing on this platform should be taken as a personal recommendation. You remain solely responsible for your own trading decisions and their outcomes.

These Terms and Conditions ("Terms") form a legally binding agreement between you ("User", "you", "your") and MikeFX34 (Pty) Ltd ("MikeFX34", "we", "us", "our", "the Company"). By applying for access, registering an account, downloading any software, joining our community channels, or using any of our Services, you confirm that you have read, understood and agree to be bound by these Terms in their entirety. If you do not agree, do not use our Services.

Contents

  1. Definitions
  2. Eligibility & access
  3. Nature of services
  4. No financial advice
  5. Software usage & limitations
  6. Risk disclosure
  7. Intellectual property
  8. Account authorisation
  9. Privacy & data protection
  10. Limitation of liability
  11. Indemnification
  12. Broker relationship
  13. Termination
  14. Modifications
  15. Governing law
  16. General provisions
  17. Acceptance

01Definitions

For the purposes of these Terms:

02Eligibility & access requirements

To use our Services you must:

How this is funded. Access to MikeFX34 Services is provided free of charge to users whose XM accounts are registered under our Partner Codes. MikeFX34 receives Introducing Broker commission from XM based on the trading volume of referred clients. This is our business model and it is how the tools are funded. It never costs you anything extra and we do not charge users directly for any software or service.

03Nature of services

MikeFX34 provides:

What we do not provide

MikeFX34 expressly does not provide: financial advice, investment advice, or recommendations to buy, sell or hold any financial instrument; portfolio, fund or discretionary account management; guaranteed returns or any assurance of performance; signal or copy-trading services; tax, legal or accounting advice; or brokerage, dealing or market-making services.

04No financial advice

⚠ Important disclaimer

Nothing provided by MikeFX34 — including Expert Advisors, indicators, educational content, backtest results, performance statistics, community messages, website content, or any communication from MikeFX34 team members or partners — constitutes financial advice, investment advice, or a recommendation to trade. All content is informational and educational only.

Any trading decision you make is yours alone. You are solely responsible for evaluating whether any trade, strategy or instrument is suitable for your personal circumstances, risk tolerance and objectives. We strongly recommend consulting a suitably authorised financial adviser before making any trading or investment decision.

Backtest results and historical performance data are hypothetical and subject to the following limitations:

05Software usage & limitations

All software is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express, implied or statutory. We do not warrant that the Software will be error-free or uninterrupted; will produce profitable results; is suitable for your particular strategy, account size or risk profile; will be compatible with all broker configurations or system setups; or will continue to perform as it has in backtesting or in past periods.

⚠ Automated trading carries unique risks

Expert Advisors execute trades without manual intervention. Software errors, connectivity issues, power failures, broker server outages or unexpected market conditions may cause unexpected behaviour, resulting in losses including the total loss of your trading capital. Monitor your account regularly and maintain appropriate risk management at all times.

You are responsible for: testing software on a demo account before live use; configuring appropriate lot sizes and risk settings for your balance; ensuring your VPS or computer meets minimum requirements; maintaining a stable internet connection; and understanding the behaviour and settings of each Expert Advisor before deployment.

06Risk disclosure

⚠ High risk warning

Trading foreign exchange, contracts for difference (CFDs), cryptocurrencies, precious metals and other leveraged instruments involves a high level of risk and is not suitable for all investors. You may sustain a loss of some or all of your invested capital, and with leveraged products you can lose more than your initial deposit. Do not trade with money you cannot afford to lose.

Specific risks you acknowledge

Risk typeDescription
LeverageLeverage amplifies both gains and losses. A small market move can produce losses far larger than expected relative to your deposit.
MarketMarkets are volatile and unpredictable. Prices can gap or spike against your positions instantly on news or economic events.
LiquidityIn volatile or thin conditions it may be impossible to execute at desired prices, causing slippage or an inability to close positions.
TechnologySoftware failures, internet disruption, power outages, broker server issues and platform crashes can prevent trades being executed or closed.
AlgorithmicExpert Advisors follow pre-defined rules that may not adapt to all conditions. Strategies that performed well historically may fail in live markets.
Overnight / weekendHolding positions exposes you to gap risk where prices may open significantly away from the previous close.
RegulatoryChanges in regulation or tax law in your jurisdiction may affect your ability to trade or the conditions under which you trade.
CounterpartyYour funds are held with XM, not with MikeFX34. Your broker's solvency and operational integrity are beyond our control.

By using our Services you represent and warrant that you: understand these risks; are financially able to bear any losses; accept full responsibility for all trading outcomes; and will not hold MikeFX34 liable for any trading losses.

07Intellectual property

All Software, content, branding, designs, algorithms, trade logic and educational materials are the exclusive property of MikeFX34 and are protected by applicable intellectual property law. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Software solely for your personal, non-commercial trading on your registered XM account.

You may not: reverse-engineer, decompile or disassemble any Software; copy, redistribute, sell, lease or sublicense it; modify or create derivative works; use it on accounts not registered under our Partner Codes; use it for commercial purposes, fund management or to provide services to third parties; remove proprietary notices; or share login credentials or download links with unauthorised parties.

Violation will result in immediate and permanent termination of access without notice.

08Account authorisation & verification

Our Software and Platform include verification mechanisms that check your trading account number against our records and against XM's Introducing Broker records. This means:

Account approval is at our sole discretion. We reserve the right to approve, reject, suspend or terminate any account, and to decline any Application, without obligation to provide reasons.

09Privacy & data protection

This section is our privacy notice for the purposes of the Protection of Personal Information Act, 2013 (POPIA). MikeFX34 (Pty) Ltd is the responsible party for the personal information described here.

What we collect

CategoryDetails
Application dataFirst and last name, email address, mobile number, age band, trading experience, self-declared capital band, prior XM account history, funding readiness, and your free-text answer describing your goals.
Consent recordThe consent wording you agreed to, the date and time of consent, and the IP address from which it was given — kept as proof of lawful processing.
Registration dataXM trading account number, chosen nickname, and WhatsApp number.
Trading dataAccount balance, equity, margin, drawdown, open positions, profit and loss, lots traded and trade history, as transmitted by our Software or received from XM.
Technical dataMetaTrader 5 terminal information, broker server name, account type.
Usage dataPlatform and app usage patterns, feature interactions, device information, referral source (UTM parameters) and IP address.

Why we collect it, and on what basis

Who we share it with

Your XM account number is verified against records held by XM Group, which independently holds your brokerage relationship and its own privacy terms. We use third-party hosting and messaging providers (including WhatsApp, Telegram and Discord) to operate the Platform and our community channels; their own terms and privacy policies apply to those channels.

We do not sell your personal information. We do not publish your trading data except anonymised leaderboard entries shown under the nickname you choose. We never have access to your broker login credentials, passwords, or deposit and withdrawal functions, and we have no ability to move funds in or out of your trading account.

How long we keep it

Your rights under POPIA

You have the right to: request access to the personal information we hold about you; request correction of inaccurate information; request deletion of your information where we have no lawful basis to retain it; object to processing based on legitimate interest; withdraw your consent to being contacted at any time; and lodge a complaint with the Information Regulator of South Africa.

To exercise any of these rights, or to have your data deleted, message us on WhatsApp at +27 79 151 0558 or email info@mikefx34.com. We will respond within 30 days. To stop marketing or community messages at any time, simply reply STOP.

Security

Data is stored on secured servers with access restricted to authorised administrators. While we take reasonable technical and organisational measures to protect your information, no method of electronic storage or transmission is completely secure and we cannot guarantee absolute security.

10Limitation of liability

⚠ Read carefully

To the maximum extent permitted by law, MikeFX34, its directors, team members, affiliates and agents shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising from your use of the Services.

This includes losses arising from: trades executed by our Software or based on information from our Services; loss of profits, trading capital or anticipated savings; software bugs, errors or malfunctions; broker actions, server outages or connectivity issues; unauthorised access to your account or our systems; market conditions including flash crashes, gaps or extreme volatility; and any damages arising from your use of or inability to use the Services.

Our total liability shall not exceed the amount you have paid MikeFX34 for the Services giving rise to the claim. As the Services are provided free of charge, our maximum aggregate liability is zero (R0.00). This applies regardless of the legal theory relied upon and even if we have been advised of the possibility of such damages. Nothing in these Terms excludes liability that cannot lawfully be excluded.

11Indemnification

You agree to indemnify and hold harmless MikeFX34, its directors, team members, affiliates and agents against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising from: your use of the Services; your trading activities and outcomes; your violation of these Terms; your violation of any applicable law or regulation; and any third-party claim arising from your use of our Software or Services.

12Broker relationship & third parties

MikeFX34 is an independent entity and is not affiliated with, endorsed by, or partnered with XM Group beyond the standard Introducing Broker programme, under which we receive commission for referred clients.

We do not represent XM and are not responsible for: XM's terms of service, trading conditions, spreads, execution quality or server performance; disputes between you and XM; XM's regulatory status or compliance; or changes XM makes to its products, services or commission structure. Your trading account is governed by XM's own terms, and account issues must be resolved directly with XM.

13Termination

We may suspend or terminate your access at any time, without prior notice, including where: you violate these Terms; your XM account is no longer active or no longer registered under our Partner Codes; you redistribute or share our Software; you attempt to reverse-engineer or tamper with it; you behave abusively toward team members or the community; you provided false information in your Application; or we consider your activity harmful to MikeFX34 or its community.

You may terminate your account at any time by contacting us on WhatsApp. On termination your licence is immediately revoked and you must delete all copies of our Software. Deletion of your personal information on termination is handled as set out in Section 9.

14Modifications to these Terms

We may modify these Terms at any time. Changes take effect on posting to the Platform, and the "last updated" date above will change. Continued use after modification constitutes acceptance. We will make reasonable efforts to notify users of material changes through our community channels, but it remains your responsibility to review these Terms periodically.

15Governing law & disputes

These Terms are governed by the laws of the Republic of South Africa. Disputes are subject to the exclusive jurisdiction of the South African courts. Before initiating formal proceedings you agree to first attempt informal resolution by contacting us on WhatsApp; if unresolved within 30 days, either party may proceed formally.

16General provisions

Entire agreement: these Terms constitute the entire agreement between you and MikeFX34 regarding the Services, superseding prior agreements.

Severability: if any provision is found unenforceable, the remainder stays in full force.

Waiver: failure to enforce any provision is not a waiver of it.

Assignment: you may not assign your rights without our written consent; we may assign ours freely.

Force majeure: we are not liable for failure or delay due to circumstances beyond our reasonable control, including natural disasters, war, strikes, government action, internet outages or power failures.

17Acceptance

By submitting an Application, registering on the Platform, downloading any Software, joining our community channels, or otherwise using any of our Services, you acknowledge that you have read, understood and agree to be bound by these Terms & Conditions, the Risk Disclosure in Section 6 and the Privacy Notice in Section 9 in their entirety. You further acknowledge that you act on your own behalf and at your own risk, and that MikeFX34 bears no responsibility for your trading outcomes.

Contact us

For questions about these Terms, your data, or to exercise any privacy right:

MikeFX34 (Pty) Ltd · Registration No. 2026/601469/07 · Uvongo, KwaZulu-Natal, South Africa
Michael Hattingh is a Representative of CompliShield Financial Group, FSP 53590.
MikeFX34 is an XM Introducing Broker and earns commission on the trading volume of referred clients. This never costs you anything extra.