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Market Data Subscription Terms

TERMS OF USE

By purchasing a subscription you signify that you have read, understand and agree to be bound by the Subscription Terms in effect at the time of your purchase. Your purchases through Gain Capital Group, LLC’s website and your use of GAIN Capital Group, LLC’s service are also governed by GAIN Capital Group, LLC’s customer agreement (which are incorporated by reference in these subscription terms).

Except as otherwise stated, these Subscription Terms are subject to change at any time and in GAIN Capital Group, LLC’s sole discretion. Any changes are effective thirty (30) days after we post such revised Subscription Terms to our website (indicated by revising the date at the top of these Subscription Terms), or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Subscription Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check the website regularly for changes to these Subscription Terms. If you do not agree to these Subscription Terms, please do not purchase a subscription.

If you have any questions regarding these Subscription Terms, please contact GAIN Capital Group, LLC by emailing GFSupport@gaincapital.com.

PURCHASE & ACCOUNT SECURITY

In order to purchase a subscription, you must set up a registered account with GAIN Capital Group, LLC. You will provide accurate and complete information in your GAIN Capital Group, LLC user account at all times, including, but not limited to, your billing address, email address, telephone number, and account number. You are solely responsible for maintaining the security of, and restricting access to, your account, username and password.

PRICES & AVAILABILITY

All prices are shown in U.S. dollars. While we have the right to change the prices at any time, the prices associated with your subscription will become effective subject to the renewal provisions below.

PAYMENT OPTIONS

GAIN Capital Group, LLC accepts payments by deducting fees from your GAIN Capital Group, LLC trading account. By submitting your order, you acknowledge that you authorize GAIN Capital Group, LLC to charge your order (including taxes and any other amounts described on GAIN Capital Group, LLC’s website) to that account. If adequate funds are not available in the account, your order may be suspended or cancelled automatically. Cancellation processing fees may apply even if adequate funds are not available in the account by the time GAIN Capital Group, LLC submits the charges.

CANCELLATIONS AND REFUNDS

You may terminate or modify your subscription by changing your data entitlement within GAIN Capital Group, LLC’s My Account portal. However, there are no refunds, except as provided in these Subscription Terms or as required by law. You understand that charges for the Service must be paid in advance.

RENEWALS

At the expiration of your subscription, GAIN Capital Group, LLC will automatically bill your account for an additional service term equal to the length of time of your original subscription. Unless you notify GAIN Capital Group, LLC that you wish to cancel your services prior to the cancellation of your subscription, your subscription will automatically renew. For all bundled and non-bundled subscriptions, the renewal fees will be equal to the lowest published fees for your market data selection as published by GAIN Capital Group, LLC at the renewal date.

PRORATED BILLING

All rates are based on full service term length of time and no prorated billing amount will be applied for subscription after the first calendar day of the month. No prorated credit will be given for unused time after a subscription has been terminated or modified.

CME SUBSCRIBER DEFINITION

CME Group charges different fees for Subscribers, depending on whether they qualify as Professional or Non-Professional recipients, as specified in the CME Market Data License Agreement, schedule 4.
Except as otherwise stated, the Subscriber Definition is subject to change at any time and in the CME Group’s sole discretion.

• Existing industry standards

NON-PROFESSIONAL SUBSCRIBER – Any natural person whom a market data Distributor has determined qualifies as a “Non-Professional Subscriber” and who is not:

(a) Registered or qualified with: the Securities and Exchange Commission, the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association, nor

(b) Engaged as an “investment advisor” as that term is defined in Section 201(11) of the Investment Advisor’s Act of 1940 (whether or not registered or qualified under that Act), nor

(c) Employed by a bank or another organization that is exempt from registration under Federal and/or state securities laws to perform functions that would require him or her to be so registered or qualified if he or she were to perform such functions for an organization not so exempt.

• Non-Professional may also include certain small business entities (limited liability companies, partnerships, trusts or corporations that are not affiliated with any entity that may be considered a Professional) whose primary business purpose is not trading and such entity must have no more than two trading terminals under that entity (or its affiliates’) name.
• Subscriber must be viewing the data via a device capable of routing orders to CME Globex and have an active/capitalized futures account.
• Subscriber must NOT hold or lease any type of membership at any of CME Group’s DCMs.
• Any person who does meet the above criteria is considered a Professional Subscriber.

You are solely responsible for maintaining the accuracy of the Subscriber Definition that is applied to your subscription. You are required to notify GAIN Capital Group, LLC immediately regarding any inaccuracies related to the Subscriber Definition applied to your subscription or upon any changes to whether you qualify as a Professional or Non-Professional subscriber.

Deutsche Börse AG PRIVATE INDIVIDUAL DEFINITION

Pursuant to the terms of the Market Data Dissemination Agreement between Gain Capital Group, LLC (“GAIN”) and Deutsche Börse AG, preferential fee treatment may be available to GAIN with respect to individuals accessing Deutsche Börse market information (“Information”) through GAIN that qualify as “Private Individuals,” as defined by Deutsche Börse.

In order for a user of Deutsche Börse information (a “Subscriber”) to be classified as a “Private Individual,” the Subscriber must satisfy each of the following qualifications:

• the Subscriber is a natural person;
• the Subscriber does not operate a credit institution or financial institution;
• the Subscriber will use the Information exclusively for his/her private purposes, such as, in particular, the management of his/her own private assets;
• the Subscriber will not use the Information for business purposes, such as commercial securities trading or the professional management of third-party assets, or for his/her activities with a credit institution, a financial services institution or any other company which is subject to any domestic or foreign banking, stock exchange, securities trading or investment supervision;
• the Subscriber will also not use the Information in any other manner for the purposes of third parties, such as, for instance, the non-professional management of third-party assets or within the framework of a non-commercial investment club; and
• the Subscriber will not distribute the Information onward to third parties and will not make the Information available to third parties, in particular such third parties which do not qualify as Private Individuals.

If you have certified to GAIN that you are a Private Individual, you are solely responsible for confirming the continuing accuracy of such certification. You are required to notify GAIN immediately regarding any changes in your qualifications as a Private Individual.