Scope
These Terms and Conditions apply to all services provided by MATTHEW T DAVID (hereinafter the “Provider”), particularly personal trading guidance, market analysis, and strategic support relating to financial instruments and digital assets.
Any terms proposed by the client that differ from these Terms and Conditions shall not apply unless the Provider has expressly agreed to them in writing.
Nature of the Services
The Provider does not provide investment advice within the meaning of the German Securities Trading Act (Wertpapierhandelsgesetz – WpHG), nor does the Provider offer asset management services.
The services comprise:
- personal guidance and support in relation to trading decisions;
- the provision of market analyses, assessments, and information; and
- the use of supporting technical tools (e.g. risk and position management tools).
The client alone makes the final decision regarding every investment.
No Guarantee of Success
Trading in financial instruments, cryptocurrencies, and digital assets involves significant risk.
- Past performance is not indicative of future results.
- No guarantee is given regarding profits or any particular outcome.
- A total loss is possible.
The client acts at all times on their own responsibility.
Risk Disclosure
The client expressly acknowledges that:
- market movements are unpredictable;
- political, economic, or technical events may affect prices; and
- losses may occur even when hedging instruments are used.
Client Responsibilities
- provide truthful information about their identity and financial circumstances;
- independently assess whether an investment is suitable for them; and
- keep login credentials and sensitive information confidential.
Fees and Costs
The fees payable are determined by the service package agreed in each case.
Any fees, commissions, or costs charged by third-party platforms are beyond the Provider’s control and must be borne by the client.
Communication
Depending on the arrangement, communication may take place:
- by telephone;
- by email; or
- through messaging services (e.g. WhatsApp).
The client expressly consents to communication through these channels.
Liability
The Provider shall be liable only in cases of wilful misconduct or gross negligence.
To the extent permitted by law, liability is excluded for:
- loss of profit;
- indirect loss; and
- market losses.
Data Protection
Personal data is processed in accordance with applicable data protection laws.
Term and Termination
Unless otherwise agreed, either party may terminate the relationship at any time.
Services already provided shall remain unaffected.
Final Provisions
The laws of the Federal Republic of Germany shall apply.
If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall remain unaffected.