Agreement With The Client
Last updated: January 2026
READ THIS AGREEMENT CAREFULLY, AS IT INCLUDES A WAIVER OF CLASS ACTION LAWSUITS (CLAUSE 12).
1. Introduction
A. Scope of the agreement
a. This Customer Agreement, together with any attached documents, constitutes a legally binding agreement (“Agreement”) between you (“Customer”, “User”, “you”, “your”) and Hercules, as defined below.
b. This Agreement governs your access to and use of our services, such as execution, clearing, settlement and ancillary services for foreign exchange (Forex) and related trading products (CFDs), which are made available to you through our Platform (“Platform”).
B. Information about Hercules
a. 3-102-941321 SRL is a company registered in Costa Rica (“Hercules”, “we”, “us”), which acts as a bridge to the Platform.
b. The Hercules website, through which Users can access the Platform, is www.hercules.forex.
B. Information about Hercules
a. 3-102-941321 S.R.L., is a company registered in Costa Rica (“Hercules”, “we” “us”), acting as a bridge to the Platform.
b. The Hercules website, through which Users can access the Platform, is www.hercules.forex
2. Platform
A. Precision
a. Although we strive to provide accurate and up-to-date information on this website, the content is based on sources we consider reliable. However, we do not guarantee that all information is current, complete, or error-free. To the extent permitted by law, we disclaim any liability for any inaccuracies, omissions, or reliance on the information provided.
b. Please note that the products and services mentioned and/or available through the Platform are subject to change and may not always be available or accessible in your location. We recommend that you verify the details before making any decision or commitment.
B. Screen
a. The Platform is a comprehensive online service that allows you to execute operations smoothly, as well as view, download and print detailed reports related to your account activity and performance.
b. The content of this website, as well as the Platform, is not intended for distribution or use in any country or jurisdiction
where such distribution or use violates local laws or regulations. Visitors to this website are responsible for
Review and comply with all applicable laws and regulations in your respective locations.
3. Services
A. Reach
a. Hercules will provide the User with various services, including the establishment and management of trading accounts for investment products, as well as demo accounts, in accordance with applicable legislation.
b. Hercules will accept and execute orders for specific investment products, which may be settled by Hercules, its affiliates or third parties.
c. Hercules will hold the User's funds and safeguard the User's financial instruments, offer margin trading services to enable leveraged investments, and conduct securities lending transactions, all in accordance with applicable laws.
d. Hercules may involve its subsidiaries and third parties in the provision of these services, under legal and contractual protections.
B. Order execution policy
a. We strive to achieve the best possible results, but we cannot guarantee the best execution for all orders due to factors such as market conditions, access limitations, or system issues.
b. Orders submitted by the user will be executed at prices reflecting Hercules' current quotes, which may be subject to change. Due to delays, transactions may be executed at less favorable prices, especially for market orders. We recommend limit orders and advise that such orders may not be immediately publicly displayed if they are not executed immediately.
c. Buy or sell orders will close or open positions accordingly. Once submitted, orders cannot be modified or canceled without Hercules' consent, and Hercules is not responsible for errors or executions made in error by the user. In this regard:
i. We establish a contract with you when we accept an order you have submitted, provided that you comply with your obligations under this Agreement.
ii. You are responsible for verifying the contents of each order before its execution.
iii. If your contract is closed (i.e., at your request, automatically by the Platform if a stop out is triggered, or by us according to this Agreement), we will deposit any profits earned or withdraw any losses incurred into your account.
iv. Some CFDs are based on underlying assets with fixed expiration dates. On the expiration date, your contract will automatically renew into a new contract. We will adjust your account by debiting or crediting the price difference between the CFD and the expiration date.
C. Transactions
a. Hercules has the right to execute transactions, even if a transaction may not be suitable for the User. Hercules has no obligation to monitor or advise the User on the status of any transaction, make margin adjustments, or close any User's open positions.
b. The User shall not be entitled to request investment advice or statements of opinion from Hercules to encourage any particular transaction. Profits or losses in the trading account currency are deposited or withdrawn from the trading account once the transaction is closed.
c. Hercules does not and will not provide personalized recommendations or advice on the advantages of any specific transaction.
d. Hercules may occasionally provide general information or recommendations in newsletters or on its website. When it does so:
i. The information is intended solely to enable the User to make their own investment decisions and does not constitute investment advice.
ii. If it contains a restriction on the category of people to whom it is distributed, the User undertakes not to transmit it.
iii. Hercules does not guarantee the accuracy or completeness of such information or its tax consequences.
iv. The User accepts that, prior to submission, Hercules may have acted upon the information itself. Hercules does not guarantee that the User will receive such information at the same time as other Users.
v. Any published research report or recommendation may appear on one or more screen information services.
e. The information is provided solely to assist the User in making independent investment decisions. It does not necessarily take into account the legal or regulatory framework of the User's country of residence, and compliance remains the User's responsibility.
User responsibility.
f. Hercules may request information about the User's knowledge and experience in the field of investment to assess whether a service or product is suitable. If the User chooses not to provide such information, or provides insufficient information, Hercules will be unable to determine suitability. The information provided by the User is assumed to be accurate; Hercules is not liable if it is incomplete, misleading, or becomes inaccurate, unless the User informs Hercules of the changes.
g. Hercules reserves the right, at its discretion, to deny services to the User without obligation to give reasons. It may suspend, delay, or modify services in the event of abnormal market conditions.
D. Data
a. RELIANCE ON QUOTATIONS, DATA OR OTHER INFORMATION IS AT THE USER'S OWN RISK.
b. Hercules and its suppliers are not liable for any damages arising from the use of this information and make no warranties, express or implied, as to its accuracy, merchantability, fitness for a particular purpose or non-infringement.
c. All user records, including business and non-business activities, whether current or archived, will be retained for a minimum of ten (10) years after the termination of the business relationship, in accordance with applicable law.
4. Eligibility
A. Legal capacity
a. In order to access the Platform, the User must be at least eighteen (18) years of age, have the legal capacity and the necessary authority to accept this Agreement, or be a legal entity in good standing with the necessary authorization and/or licenses
to enter into this Agreement.
b. Platform availability may vary by country. The Platform is operated by Hercules in accordance with the applicable local laws and regulations of the jurisdiction in which it operates. Hercules reserves the right to select the countries in which it operates and may restrict, limit, suspend, or deny access to or use of the Platform in certain countries at any time. Hercules may modify or discontinue some or all of the Platform's APIs, applications, customer support, software, tools, features, or functionalities based on country-specific changes in relevant country laws or regulations, or for any other reason, without prior notice or liability.
B. Restricted jurisdictions
a. The user declares and warrants that he is NOT a citizen or resident of Cuba, Iran, Myanmar, North Korea, the Jerson, Zaporizhia, Donetsk or Lugansk regions of Ukraine, Syria, Russia, United States of America or Venezuela.
b. Hercules reserves the right to cancel any current and/or future account of a user residing or domiciled in a country included on the list of the United Arab Emirates, the United Nations, the United States, the European Union or the United Kingdom as a target of sanctions, as well as any country included on the blacklist of the Financial Action Task Force (FATF High Risk Jurisdictions).
C. Restricted activities
a. Hercules reserves the right to suspend, close, or reverse any transaction resulting from incorrect configurations, technical errors, fraud, manipulation, arbitrage, or other deceptive activities. In such cases, Hercules may recover profits and charge for costs it deems to have been improperly incurred.
b. Hercules declines any responsibility for the cancellation of transactions or for any damages or losses that may result
5. Rates, charges, fees and other costs
A. Platform costs
a. Information about our rates, charges, fees and third-party costs is provided to the user through the Hercules website and platform.
6. Account
A. Property
a. The User is the sole legal owner and beneficiary of all funds in the account and all rights arising from any open position or transaction.
b. Hercules holds the User's funds and positions solely in a custodian capacity and does not claim any ownership rights over them.
c. You acknowledge that when you conduct transactions with us, you do not acquire ownership rights, nor do you possess any rights to the underlying assets, nor do you receive physical delivery of them. Furthermore, these transactions do not involve the exchange of one underlying asset for another.
B. Classification
a. Your client classification determines the level of regulatory protection you receive when trading. Unless you register as a business or apply for and are approved for a Pro trading account, you will be classified as a retail client.
b. Subject to local restrictions, retail customers are entitled to the highest level of regulatory protection available, ensuring that their shopping experience is protected by strong rules.
C. Authority and control of operations
a. The user guarantees that, unless otherwise authorized, only he has full powers and authority to manage the account and carry out transactions on his behalf.
b. No other person will have access to or authority to operate the account, except:
i. the user has completed and submitted an authorization to operate form or an applicable power of attorney; and
ii. Hercules has approved said authorization in writing.
7. Communications
A. Consent for electronic delivery
a. By accepting this Agreement and opening an Account, the User consents to receive communications, notices, disclosures, confirmations, account statements, transaction records, margin calls, risk warnings, regulatory disclosures, and other documents or information relating to this Agreement, the account, any transaction, or the User's relationship with Hercules or its affiliates (“Communications”) exclusively in electronic format. Such Communications may be sent by email, through the secure messaging of the Trading Platform, or by other electronic means designated by Hercules from time to time.
b. The User acknowledges that electronic delivery satisfies any legal requirement that such Communications be provided in writing and agrees that electronic Communications have the same legal effect as if they were provided in hard copy.
B. Marketing and promotional communications
a. By accepting this Agreement, the User also consents to receive marketing and promotional communications from Hercules and/or its affiliates, including, but not limited to, newsletters, product updates, market commentary, offers, promotions, webinars, and other materials related to trading services, financial products, or educational content (“Marketing Communications”). These may be sent via email, SMS, push notifications, telephone, or other electronic channels.
b. The User's consent to Marketing Communications is optional and separate. The User may opt out of receiving Marketing Communications at any time without affecting the provision of required transactional or regulatory Communications.
C. User obligations
a. The user must maintain a valid email address and periodically check the Platform and their email address to receive Communications.
b. The user will be deemed to have received any communication sent to the last email address or published on the user's portal
provided by the user within the Platform.
c. Failure to update contact details or to review Communications does not exempt the user from any of the obligations arising from this
Agreement.
8. Protection Notice
a. Please be advised that, as this is a company registered in Costa Rica, it may offer fewer guarantees and consumer protection mechanisms compared to a local provider. It is important that you carefully consider the risks involved and ensure you understand the regulatory framework governing our services before proceeding.
9. Risk Disclosure
A. General Disclosure
a. Trading CFDs carries a high level of risk and may not be suitable for all investors. Before deciding to trade CFDs, you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and, therefore, you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with CFD trading and seek advice from an independent financial advisor if you have any doubts.
b. Past performance is not indicative of future results. The information contained herein is for general informational purposes only and does not constitute investment advice or a solicitation to buy or sell financial instruments. Hercules does not take into account your personal financial situation or investment objectives when providing this information.
B. Risk Disclosure
a. Users are responsible for their investment decisions. Hercules or Hercules representatives do not provide investment, stock trading, or tax advice. Users should assess their suitability for transactions based on their experience, financial situation, and resources, and are advised to seek independent professional advice before trading.
b. Currency exchange rates can fluctuate rapidly due to various factors, which can lead to losses exceeding those of the underlying investment. For margin traders, currency fluctuations can significantly impact profits or losses.
c. Using Hercules' foreign exchange services to buy or sell foreign currency may result in substantial losses if exchange rates change unfavorably, especially when converting back to the base currency.
10. Limitation of liability
A. You acknowledge and accept that your participation in our Platform is voluntary and you assume all responsibility for any risk or consequence associated with your actions.
B. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE TO HOLD HERCULES, ITS RESPECTIVE DIRECTORS, CONSULTANTS, ADVISORS, OFFICERS, SHAREHOLDERS, ASSIGNEES, EMPLOYEES, AGENTS, MANAGERS, AND ATTORNEYS AT LAW FROM ANY AND ALL LEGAL LIABILITY AND OBLIGATION, FORM OF ACTION OR ACTIONS, CAUSE OR CAUSES OF ACTION, IN LAW OR IN EQUITY, DEMANDS, DEBTS, LIENS, CONTRACTS (EXPRESS, IMPLIED BY FACT, OR IMPLIED BY LAW), AGREEMENTS, PROMISES, CLAIMS, COMPENSATION, RIGHTS AND CLAIMS FOR INDEMNIFICATION AND/OR CONTRIBUTION, REIMBURSEMENTS, OVERPAYMENTS, DEMANDS, DAMAGES, LOSSES, COSTS OR EXPENSES, OF ANY NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FIXED OR
CONTINGENCIES RELATED TO ANY LOSS THAT MAY BE SUFFERED DUE TO BREACH OF THIS AGREEMENT. THIS RELEASE IS IRREVOCABLE AND UNCONDITIONAL.
11. Extensions of liability
A. ACCESS TO THE PLATFORM IS AT YOUR OWN RISK.
B. THE USER ACKNOWLEDGES AND ACCEPTS THAT THE SERVICES AVAILABLE THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE." HERCULES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED.
C. HERCULES MAKES NO WARRANTIES OR REPRESENTATIONS AS TO WHETHER THE PRODUCTS AND/OR SERVICES OFFERED ON OUR PLATFORM WILL MEET YOUR REQUIREMENTS, BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR BE ACCURATE, RELIABLE, COMPLETE, LEGAL OR SAFE.
D. HERCULES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE INCURRED BY THE USER DUE TO THEIR OWN ACTIONS AND/OR ANY INFORMATION CONTAINED ON THE PLATFORM.
E. NO INFORMATION OBTAINED FROM THE PLATFORM OR OUR SOCIAL MEDIA CHANNELS WILL CREATE ANY WARRANTY OR REPRESENTATION.
12. Modifications
A. Hercules reserves the right to modify, limit access to, or terminate at any time and without prior notice any and/or all of the functionalities and services offered on the Platform.
B. We reserve the right to unilaterally, at any time without prior notice, modify or update from time to time, at Hercules' discretion, this Agreement or any of the legal documentation associated with this Agreement and/or the use of the Platform.
C. Your continued use of our services made available to you through the Platform after any such modifications; or The updates constitute your understanding, acceptance, and consent to this modified or updated Agreement.
13. Dispute resolution, jurisdiction, applicable law and waiver of collective action
A. The Parties to this Agreement agree to resolve any dispute promptly and efficiently within THIRTY (30) days after the dispute arises.
B. The courts of Costa Rica shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.
C. This Agreement shall be governed by and construed in accordance with the laws of Costa Rica. The parties agree to resolve any dispute under this Agreement by submitting such dispute to the courts of Costa Rica. The parties waive any objection based on personal jurisdiction or venue and expressly accept the venue and jurisdiction of Costa Rica.
D. THE USER AGREES TO BRING CLAIMS AGAINST HERCULES ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS ACTION, REPRESENTATIVE, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTIONS, OR ANY OTHER PROCEEDINGS WHERE SOMEONE ACTS AS A REPRESENTATIVE. Except as otherwise expressly agreed in writing by the parties
With a notarized agreement, no arbitrator or judge may consolidate more than one person's claim or preside over any form of representative or class proceeding.