Terms of Use

These terms cover the MarketData Hub Client and this website — what you are buying, how the application retrieves data on your own machine, and what each side is responsible for. They come in two parts: Part 1 is the software licence; Part 2 is the data, its source and your responsibilities. The short version: we sell software, not data, and what you may do with the data you retrieve is decided by its source, not by us.

This page is published while it awaits legal review. Clauses that turn on a lawyer's judgement are marked [LAWYER REVIEW] and describe exactly what must be confirmed; they stay until an Austrian lawyer signs each one off.

Part 1 — The software licence

1. Scope and parties

The MarketData Hub Client ("the Application") and this website are operated by Martin Buessler, Einzelunternehmen (registered sole proprietorship), Geblergasse 63/9, 1170 Vienna, Austria, entered in the Austrian trade register under GISA 38748820. Contact: team@marketdata-hub.com; the full §5 ECG disclosure is on the Impressum.

These terms cover the Application and this website and form the contract between us and you. Where you are a consumer, the mandatory consumer-protection law of your country of habitual residence applies regardless of anything written here.

2. Definitions

• Application — the MarketData Hub Client desktop software.
• Licence — the right to use the Application that you buy.
• Licensee ("you") — the person or organisation that holds the Licence.
• Source — the third-party data provider the Application connects to (currently Dukascopy Bank SA).
• Retrieved Data — the market data the Application downloads from the Source to your device.
• Account — the account you create on this website to buy and activate the Application.

3. What is sold

We sell software, not data. The Application retrieves data on your own machine, under your instruction, directly from the Source. We do not host, cache, relay, package or resell market data, and we assert no rights in it. What you buy is the Application and its features — never access to, or a copy of, any dataset held by us.

4. Licence grant

Subject to these terms and payment of the fee, we grant you a non-exclusive, worldwide, perpetual right to install and run the Application for your own use, on any number of computers under your own control. The Licence is held by one Licensee; it is not a right to share the Application between different people or organisations.

[LAWYER REVIEW] — transferability. Under CJEU UsedSoft (C-128/11) the resale of a "used" perpetual software licence within the EU may not be preventable by contract. This clause states what we believe is enforceable — your own use, no sharing between different parties — rather than a blanket ban on transfer. Counsel to confirm the wording.

5. Licence tiers

No tier grants more data than another. The full catalogue, the full available history and every timeframe are identical across all three tiers. Tiers differ only in what the software does:

6. Activation

To use the Application you sign in once on each computer. Activation sends us a sign-in token, the Application version, and a one-way machine identifier (a hash derived from an installation id your operating system already holds). What is sent, and why, is set out in the Privacy Policy — we do not restate it here.

There is no limit on the number of computers you may activate, provided they are under your own control. The machine identifier exists to detect sharing between different people, not to cap your own devices. After activation the Application runs offline, and only re-checks the licence occasionally, when it can reach us.

7. Updates and support period

Updates for your licence — including fixes and security updates — are included at no extra cost. We will provide security updates for the Application for a minimum of five (5) years from the date of your purchase.

[LAWYER REVIEW] — Cyber Resilience Act. The EU Cyber Resilience Act (Regulation 2024/2847) expects a declared support period; five years is our declared minimum, and a perpetual "forever" licence still needs this stated explicitly. Counsel to confirm the period and its wording.

8. Restrictions

You may not: redistribute or resell the Application binary; remove or alter its notices, branding or licence mechanisms; or use the Application to breach the Source's terms. You may not reverse engineer, decompile or disassemble the Application — except to the extent that this restriction cannot lawfully be excluded, in particular your rights to make a back-up copy, to observe and study the program, and to decompile it for interoperability under Articles 5 and 6 of Directive 2009/24/EC. We do not purport to exclude those rights.

9. Availability of the Source is not warranted

The Application's ability to reach the Source depends entirely on the Source — a third party over whom we have no control and with whom we have no agreement. If the Source changes, restricts, throttles or withdraws access, for any or all instruments, temporarily or permanently, the Application may stop being able to retrieve data. This is expressly outside any warranty. We do not, and cannot, guarantee that any particular data will remain retrievable.

10. No affiliation

MarketData Hub is not affiliated with, endorsed by, sponsored by or vetted by Dukascopy Bank SA or any Source. Names of sources, instruments, indices and venues are used only to describe what the Application can retrieve. All trademarks belong to their respective owners.

11. No financial advice

The Application and this website are tools and documentation. Nothing in them is investment, trading, tax or financial advice, a recommendation, or an offer. Any decision you make using data you retrieve is your own, at your own risk.

12. Warranty and liability

Beyond what mandatory law requires, the Application is provided without a warranty of fitness for a particular purpose. Your statutory warranty rights as a consumer under Austrian law (Gewährleistung, including the VGG conformity guarantee for digital content) are unaffected and cannot be excluded or shortened.

[LAWYER REVIEW] — liability. Intended position: no exclusion or limitation of liability for personal injury, or for intent or gross negligence; for slight negligence, liability limited to the licence fee paid; consumer rights unaffected. Counsel to check against §§ 879 and 1298 ABGB and § 6 KSchG — an over-broad limitation here is itself void.

13. Price and payment

Prices are the final amounts shown; no VAT is charged, under the Austrian small-business exemption (§ 6 Abs 1 Z 27 UStG). The contract is concluded in euros (EUR); any figures shown in $ or £ are an indicative conversion only, not the amount you pay. Payment is processed by Stripe on its own hosted checkout — your card details never reach us (see the Privacy Policy).

[LAWYER REVIEW] — VAT. This assumes the domestic small-business exemption. It may need revising if a cross-border VAT registration, the EU SME scheme, or a merchant-of-record arrangement is adopted.

14. Term and termination

The Licence is perpetual and does not expire. We may terminate it only if you materially breach these terms and do not put the breach right after we ask you to. On termination you must stop using the Application and delete your copies of it. Data you have already retrieved is unaffected — it was never ours.

15. Changes to these terms

Your purchase is governed by the version of these terms in force when you bought it — identified by the version number and date at the foot of this page. We do not unilaterally change terms you have already accepted; a new version applies only to purchases made after it is published.

16. Governing law and jurisdiction

These terms are governed by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods; the courts of Vienna have jurisdiction.

This does not deprive a consumer of the protection of the mandatory provisions of the law of their country of habitual residence (Rome I, Art. 6). A consumer may only be sued in the courts of their own domicile, and may bring proceedings there too (Brussels Ia, Arts. 17–19; § 14 KSchG). We are neither obliged nor willing to take part in proceedings before a consumer arbitration board.

17. Contact

team@marketdata-hub.com — email only, deliberately, so both sides keep a written record of what was said. Please do not use the Source's channels or any third-party issue tracker to reach us about the Application. Postal address: Martin Buessler, Geblergasse 63/9, 1170 Vienna, Austria (GISA 38748820).

18. Third-party software

The Application is built on open-source components, including dukascopy-node (MIT licence) among others. Their copyright notices and full licence texts are reproduced in the THIRD-PARTY-NOTICES file shipped with the Application, in the same folder as the program itself. Those licences grant you rights to the components; nothing in that file restricts them, and nothing in it grants you any right to the Application's own code.

Part 2 — The data, the source, and your responsibility

19. Where the data comes from

The data the Application retrieves comes from Dukascopy Bank SA's publicly reachable quote archive. It is fetched by your own machine, at your own instruction, using the open-source dukascopy-node library. We never receive it.

20. The Source's terms govern what you may do with the data

The Retrieved Data is not ours. We assert no rights in it and grant you no licence to it. What you may do with it is determined solely by Dukascopy Bank SA's own Terms of Use: https://www.dukascopy.com/swiss/english/legal-pages/terms-of-use/.

You are solely responsible for reading those terms and complying with them before you use anything you retrieve. We draw your attention in particular to the fact that the Source's terms restrict use to personal, non-commercial purposes, and that commercial use may require the Source's prior written consent. We do not reproduce, summarise or interpret the Source's terms here — only the Source's own words decide what is permitted, so read them in full at the link above.

[LAWYER REVIEW] / [TODO]. Better practice is to quote the exact restriction from Dukascopy Bank SA's terms verbatim rather than paraphrase it. Insert the current verbatim clause once it has been checked against the live source terms, so we neither misstate nor gloss what the Source permits.

21. Indemnity

You indemnify us against claims, losses and reasonable costs arising from your own use of the Retrieved Data or from your breach of the Source's terms.

[LAWYER REVIEW] — consumers. An indemnity given by a consumer may be unenforceable under § 6 KSchG. Counsel to decide whether this survives for consumers or applies only to business users.

22. Rate limiting

The Application paces its requests to the Source conservatively, with back-off, so it stays a polite visitor. You must not modify, circumvent or defeat this behaviour, or use the Application in a way designed to overload the Source.

23. No warranty as to the data

The data is indicative, aggregated bid/ask quotes — not an exchange's official consolidated tape. It is provided as-is: we do not warrant its accuracy, completeness, timeliness or fitness for any purpose. How it is sourced and aggregated is described on our data methodology page.

24. Right of withdrawal (EU consumers)

If you are a consumer in the EU you have the right to withdraw from this contract within 14 days without giving any reason, under § 11 FAGG (implementing Directive 2011/83/EU). The period runs from the conclusion of the contract — the moment your payment is accepted.

It applies even though the Application is a download, and even after you have downloaded, installed and used it. We do not ask you to waive it at checkout and we run no § 18 Abs 1 Z 11 FAGG consent flow, so the full 14-day right stands on every purchase.

How to exercise it. Send us an unambiguous statement — an email to team@marketdata-hub.com saying you withdraw is enough. No form and no reason are required. Sending it before the 14 days expire is sufficient; it need not reach us within the period.

Effect. We refund all payments in full, by the same means of payment you used, within 14 days of your notice, with no deduction for the use you made in the meantime. Your licence is then revoked and you must stop using the Application and delete your copies. Data you retrieved while the licence was live is unaffected.

Model withdrawal form (Muster-Widerrufsformular — you may, but need not, use it):

To Martin Buessler, Geblergasse 63/9, 1170 Vienna, Austria — team@marketdata-hub.com

I hereby give notice that I withdraw from my contract for the following
software licence:  ______________________________  (e.g. "MarketData Hub — Pro")

Ordered on:   ____________________
Name:         ____________________
Address:      ____________________
Signature:    ____________________   (only if this form is sent on paper)
Date:         ____________________

[LAWYER REVIEW] — form & language. For Austrian consumers this withdrawal instruction and model form may need to be provided in German, and must be given before the contract is concluded and on a durable medium (e.g. the purchase-receipt email), not only on this page. If it is not properly given, § 12 FAGG extends the withdrawal period to twelve months and fourteen days.

25. Refunds outside the withdrawal period

Outside the 14-day right, the statutory position applies: we do not offer discretionary refunds beyond what mandatory law — in particular the statutory warranty in section 12 — requires.

26. Version and date

Version 1.0 — 28 July 2026. The first version of these terms issued under an explicit version number. See also the Impressum, the Privacy Policy and our data methodology.