Disclaimer

Risks of trading financial products

Trading financial products — in particular leveraged products such as derivatives, foreign exchange, futures, options, etc. — and other investments can lead to a total loss of all invested capital. With some products, an additional-funding obligation (Nachschusspflicht) may apply, meaning the loss can exceed the total invested capital. Every person is responsible for thoroughly understanding these risks. These transactions are not suitable for everyone.

Risks of internet-based trading systems

The use of an internet-based trading system to execute transactions carries risks. Hardware, software and internet-connection failures can cause damage. BM Trading GmbH cannot accept responsibility for interruptions or delays in communication over the internet, nor can it accept responsibility for the reliability of the hardware used. We ask every person to inform themselves carefully about the risks before using electronic and internet-based trading systems.

Order execution and the broker

The execution of trading orders is the sole responsibility of the broker who provides the trading account. The broker also provides the trading platform. BM Trading GmbH has no influence here. In particular, no influence can be exerted on trade execution, and therefore no liability can be accepted for it.

Automated trading systems and Expert Advisors

The same applies to the use of automated trading systems and Expert Advisors. These partially or fully automated trading systems can only be used as a supporting tool. Trading with these products involves significant risks and may, among other things, result in a high trading frequency. It is not always possible to influence the position size before an order is executed. They are in no way intended to take over trading decisions or to perform an advisory function. They do not replace the user's duty to pay attention.

Historical performance achieved with an automated trading program does not allow conclusions to be drawn about future returns. In particular, it must be understood that damages may arise when using automated trading programs due to hardware or software failure. BM Trading GmbH cannot accept any responsibility for such cases.

Hypothetical performance results have many inherent limitations, some of which are described below. The results shown for an account may deviate significantly in profits and losses. One of the limitations of hypothetical results is that they are produced from known historical data. Furthermore, hypothetical trading involves no financial risk — no hypothetical track record can represent the financial risks of actual trading. For example, it is possible that trading is paused or terminated during losses; this can significantly alter the actual results. There are also many other factors that cannot be fully accounted for in hypothetical performance when implementing a trading program and that may therefore affect the actual results.

Damages

Claims for damages by the user against the provider are excluded regardless of the legal basis. An exception only arises if the provider or its vicarious agents have acted with intent or gross negligence and have breached essential contractual obligations. Essential contractual obligations are obligations that protect the user's legal position essential to the contract — the position which the contract is specifically intended to grant according to its content and purpose. Furthermore, contractual obligations are essential where their fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner has relied and was entitled to rely. In the event of a breach of an essential contractual obligation, damages are limited to the typical and foreseeable damage. Liability for damages that do not result from the subject matter of the contract is excluded. Liability for indirect or consequential damages is likewise excluded.