Provider / Operator (Germany): Magton GmbH, Wolfserlen 41, 56237 Breitenau, RLP, Germany
Contact: markets.capital@magton.com (general), legal@magton.com (legal & compliance)
Last updated: 2025-12-28
1) Scope and acceptance
These Terms of Use (“Terms”) form a legal agreement between you (“User”) and Magton GmbH (“we”, “us”) regarding your access to and use of the Markets.Capital mobile application (the “App”) and related services.
By installing, accessing, or using the App, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you must not use the App.
2) Description of the service
The App provides market data, educational content, and informational tools (e.g., watchlists, price alerts, analysis and insights) for financial markets such as Forex, cryptocurrencies, CFDs, futures, stocks, and other instruments.
The App is not a trading venue or broker. We do not hold client funds, execute trades, provide portfolio management, or act as an investment intermediary.
3) No financial advice / no recommendation
Any content, analysis, signals, insights, opinions, or other information in the App (including AI-generated content) is provided for informational and educational purposes only and does not constitute financial, investment, legal, or tax advice.
Nothing in the App is a solicitation, recommendation, or offer to buy or sell any financial instrument. You are solely responsible for your decisions and for obtaining independent professional advice where appropriate.
Markets carry risk. Past performance is not indicative of future results.
4) Eligibility
You must be at least 18 years old to use the App. By using the App, you represent that you meet this requirement and that you are legally permitted to use the App under the laws applicable to you.
5) Accounts and user content
Some features may require creating an account (e.g., syncing preferences and lists across devices).
You agree to:
- provide accurate information where requested,
- keep your login credentials secure, and
- notify us if you suspect unauthorized use.
6) Price alerts and notifications
Price alerts and push notifications are convenience features. Delivery may be delayed, interrupted, duplicated, or not delivered due to network conditions, device settings, platform limitations, or third-party outages.
You agree that alerts/notifications are not guaranteed and must not be relied upon as the sole basis for making decisions.
7) Subscriptions and purchases
The App may offer paid subscriptions or in-app purchases.
- Billing: Purchases may be processed via Apple (App Store), Google (Play Store), and/or Stripe.
- Renewal and cancellation: Subscriptions may renew automatically unless canceled through the platform used for purchase.
- Refunds: Refund eligibility and handling are governed by the relevant platform’s policies and applicable law.
8) Intellectual property
The App and its contents (including text, graphics, logos, and software) are protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the App or its content.
9) Acceptable use
You must not:
- use the App for unlawful purposes or in violation of applicable laws,
- interfere with or disrupt the App, its security, or its infrastructure,
- attempt unauthorized access to accounts, systems, or data,
- misuse the App in a way that harms other users or third parties.
10) Third-party services and links
The App may integrate third-party services (e.g., authentication, push messaging, payments, error monitoring) and may link to third-party websites. We are not responsible for third-party services or content, and your use of them may be governed by their own terms and policies.
11) Availability, changes, and termination
We may modify, suspend, or discontinue the App (in whole or part) at any time for operational, security, legal, or business reasons.
We may suspend or terminate access if we reasonably believe you violated these Terms or used the App in a harmful or unlawful manner.
12) Warranty disclaimer
To the maximum extent permitted by applicable law, the App is provided “as is” and “as available”. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components, or that information is complete, accurate, or timely.
13) Limitation of liability (Germany/EU)
Nothing in these Terms limits liability where such limitation is prohibited by applicable law.
In particular, we remain liable without limitation for:
- intent and gross negligence,
- injury to life, body, or health,
- liability under the German Product Liability Act (Produkthaftungsgesetz), and
- guarantees expressly assumed by us.
For simple negligence, we are liable only for the breach of essential contractual obligations (Kardinalpflichten) and limited to the typically foreseeable damage at the time the contract was concluded.
We are not liable for losses that are primarily caused by market movements, trading decisions, or reliance on informational content, except to the extent liability is mandatory under law.
14) Privacy
Personal data processing is described in our Privacy Policy: https://privacy.markets.capital/
15) Governing law and jurisdiction
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a consumer in the EU, mandatory consumer protection laws of your country of residence remain unaffected.
Where legally permissible, the place of jurisdiction is Frankfurt am Main, Germany.
16) Apple EULA (iOS)
If you downloaded the App from Apple’s App Store, Apple’s Standard EULA may apply: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
In case of conflict between Apple’s Standard EULA and these Terms, Apple’s Standard EULA takes precedence to the extent required by Apple’s rules.