Legal

Terms & Conditions

This is a convenience translation. The German version (German original) is the legally binding document.

Last updated: insert date — valid for all services provided by Capital Desk (Aron Deme, e.U.).

§ 1 Scope

These General Terms and Conditions (Terms) apply to all contracts between Aron Deme, Capital Desk (hereinafter "Capital Desk"), and its customers regarding technical onboarding services for trading platforms. Deviating terms proposed by the customer are not recognized unless Capital Desk expressly agrees to their validity in writing.

§ 2 Subject Matter of the Contract

Capital Desk provides exclusively technical support and IT infrastructure services for the setup and configuration of trading platforms (in particular TradingView and cTrader), consisting of watchlist construction, data feed integration, timeframe and indicator configuration, as well as instruction on order management on a demo account belonging to the customer.

Capital Desk provides no investment advice, no financial analysis, no portfolio management, and no investment brokerage within the meaning of the Securities Supervision Act (WAG 2018). At no time are recommendations issued for the purchase or sale of specific financial instruments. All trading decisions, risk management, and the financial consequences resulting therefrom are the sole responsibility of the customer.

§ 3 Conclusion of Contract

The contract comes into effect through the customer's binding appointment booking (by email or via the booking form on the website) and confirmation by Capital Desk. For bookings made under the partner broker model (§ 4 para. 2), the session can only be booked once the customer's account registration with the respective broker is active.

§ 4 Prices, Service Models, and Payment

The prices displayed on the website at the time of booking apply. Capital Desk offers two service models:

Standard Onboarding: The fee is payable directly by the customer, due before the session is carried out, unless otherwise agreed.
Partner Onboarding: The fee is settled as part of a cooperation between Capital Desk and the respective broker partner; the customer incurs no cost as a result. Opening an account with the broker and the technical onboarding provided by Capital Desk are two legally and temporally entirely separate processes.

Invoices are sent by email after the service has been performed.

§ 5 Right of Withdrawal

Consumers are generally entitled to a right of withdrawal under the Distance and Off-Premises Contracts Act (FAGG) of 14 days from conclusion of the contract. Because the service provided by Capital Desk is typically performed in full within a short period as a one-time remote session, the customer, by booking an appointment within the withdrawal period, agrees that Capital Desk may begin performance before the withdrawal period expires. Once the service has been fully performed, the right of withdrawal lapses pursuant to § 18 para. 1 no. 1 FAGG. Have this wording reviewed by legal counsel before publication — in particular the proof of the customer's explicit consent and acknowledgment of the lapse of the right of withdrawal.

§ 6 Rescheduling and Cancellation

A free rescheduling or cancellation is possible up to e.g. 24 hours before the agreed appointment. In the case of shorter-notice cancellations or no-shows, Capital Desk reserves the right to invoice the agreed fee in whole or in part.

§ 7 Customer Obligations and Cooperation

The customer shall ensure that the following are available at the agreed appointment:

a stable internet connection and the installed Zoom client,
active access to a demo account on the respective trading platform,
for bookings under the partner model: an already active account registration with the relevant broker.

At no time does Capital Desk receive access to live accounts or sensitive login credentials of the customer.

§ 8 Liability

Capital Desk is not liable for losses, lost profits, or other financial disadvantages incurred by the customer as a result of their own trading decisions. The liability of Capital Desk is limited to the proper, technical performance of the agreed onboarding service. Capital Desk is not liable for slight negligence, to the extent permitted by law. This limitation of liability does not apply in cases of intent or gross negligence, nor for personal injury.

§ 9 Confidentiality and Data Protection

Personal data is processed in accordance with the separate Privacy Policy of Capital Desk.

§ 10 Final Provisions

Austrian law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for disputes with businesses is the registered seat of Capital Desk in Vienna. Should any provision of these Terms be invalid, the validity of the remaining provisions shall remain unaffected. Consumers may make use of the EU Commission's online dispute resolution platform: ec.europa.eu/consumers/odr.

NOTE: These Terms & Conditions are a template and do not replace legal advice. Please have them reviewed — in particular §§ 5 and 6 (right of withdrawal, rescheduling) as well as the marked placeholders — by the WKO legal advisory service or a lawyer before publication.