Terms of Service

These Terms of Service ("Terms") govern your access to and use of wiocapitalhq.com and the Wio Capital advisor platform (together, the "Service") operated by Wio Capital S.L. ("the Company," "we," "us," or "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you are a consumer (a natural person acting outside your trade, business, craft, or profession), nothing in these Terms limits your statutory consumer rights under your country of residence.

1. Agreement

These Terms constitute a binding agreement between you and Wio Capital S.L. (Calle de Fuencarral 123, Planta 4, 28004 Madrid, Spain). The agreement takes effect when you accept these Terms, create an account, or begin using the Service, whichever comes first. We may ask you to confirm acceptance at account registration.

2. Nature of the Service -- Tool for Advisors, Not an Investment Advisor

Wio Capital provides a software platform that independent financial advisors use to automate back-office operations: specifically, portfolio rebalancing analysis, client performance report generation, and meeting-preparation summaries. The Company is a software provider only. The following disclaimers apply:

• Not an investment advisor. The Company is not a registered investment advisor, broker-dealer, or financial planner. Nothing the Service produces constitutes investment advice, a recommendation to buy or sell any security, or a personalised financial plan for any client of an advisor.
• No execution without advisor approval. The Service never executes trades, transfers assets, or takes binding action on any portfolio without the advisor's explicit review and approval at each step.
• No custody of client assets. The Company does not hold, manage, or have access to client funds or securities. All assets remain with the advisor's chosen custodian(s). The Company integrates with custodian data feeds for read purposes only, subject to the advisor's own data-sharing arrangements.
• Advisor remains the responsible fiduciary. The advisor using Wio Capital remains solely responsible for the investment decisions made on behalf of their clients, for compliance with applicable regulations in their jurisdiction (including any requirements of the Comision Nacional del Mercado de Valores or equivalent authority), and for maintaining their own professional registrations and authorisations. The Company does not hold any regulatory registration as a financial services firm.
• Outputs are informational tools. Rebalancing suggestions, drift alerts, and meeting summaries are analytical outputs generated from data the advisor provides. They are intended to assist the advisor's own professional judgment, not to replace it.

3. Eligibility and Account

• You must be at least 18 years old to use the Service.
• You must be a licensed or authorised financial advisor, or access the Service solely for evaluation purposes under a trial.
• You are responsible for keeping your account credentials confidential and for all activity under your account.
• You must provide accurate registration information and keep it up to date.

4. Use of the Service

• You agree not to use the Service for any unlawful purpose or in a way that violates applicable law or regulation.
• You agree not to attempt unauthorised access to the Service, its infrastructure, or any account belonging to another user.
• You may not copy, scrape, reverse-engineer, or create derivative works from the Service except to the extent permitted by mandatory law.
• You may not upload client data that you are not authorised to process, or use the Service to process data of persons who have not consented to such processing where required by law.

5. Subscription and Payment

Access to the full Wio Capital platform requires a paid subscription at the tier and pricing displayed on the pricing page at the time of purchase. Subscription fees are charged in euros (EUR) in advance on a monthly or annual basis. Prices are listed excluding VAT; applicable VAT will be added at checkout. The Company reserves the right to change subscription prices with reasonable notice; price changes do not affect the current billing period already paid.

A 30-day free trial is available to new accounts. At the end of the trial, you will be charged for the plan you selected unless you cancel before the trial period ends. Cancellation takes effect at the end of the then-current billing period.

6. Intellectual Property

The Service, including all software, algorithms, templates, visual design, and documentation, is owned by the Company or its licensors and is protected by EU and international intellectual-property law. You receive a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose during the term of your active subscription.

7. Advisor Data and Client Data

You retain ownership of all data you upload to the Service, including your clients' portfolio data. You grant the Company a limited licence to process that data solely to provide and operate the Service. The Company's handling of personal data in that processing is governed by our Privacy Policy and, for data processed on your behalf as a data controller, by the data-processing terms incorporated into the subscription agreement.

You represent that you have the legal right to upload and process all data you submit, including any personal data belonging to your clients, and that doing so does not violate applicable privacy law or your clients' rights.

8. Right of Withdrawal (Consumer Contracts)

Where you enter into a paid contract with the Company as a consumer at distance, you have the right to withdraw within 14 days of the contract date under the EU Consumer Rights Directive without giving any reason. To exercise the right, contact us at [email protected] with a clear statement of withdrawal. We will refund all payments received within 14 days of receiving your withdrawal notice.

Note: the Wio Capital platform is offered as a professional software tool for financial advisors. If you have requested performance of the Service begin before the withdrawal period expires, you acknowledge that the right of withdrawal is forfeited to the extent the Service has already been provided.

9. Disclaimers and Statutory Guarantees

The Service is provided on an "as is" and "as available" basis. Nothing in these Terms excludes or limits our liability for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be excluded under mandatory EU or Spanish law. Statutory guarantees that apply to consumers under EU law are not affected.

The Company does not warrant that the Service will be uninterrupted, error-free, or entirely secure, or that the rebalancing suggestions, reports, or meeting summaries it generates will be free from inaccuracies. You bear the professional responsibility of reviewing all Service outputs before acting on them.

10. Limitation of Liability

To the extent permitted by law, the Company's total aggregate liability to you for any claim arising from or related to the Service will not exceed the total subscription fees you paid in the 12 months preceding the event giving rise to the claim, or EUR 100, whichever is greater. This limitation does not apply to liability that cannot be capped under mandatory law (see Section 9).

11. Termination

You may cancel your subscription at any time through your account settings. The Company may suspend or terminate your access for material breach of these Terms after providing notice where reasonably practicable, or immediately for conduct that poses a security or legal risk. On termination, your data is handled as described in the Privacy Policy. The provisions that by their nature should survive termination will survive, including Sections 2, 6, 9, 10, and 12.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of Spain.

The courts of Madrid, Spain have exclusive jurisdiction over any dispute arising from or related to these Terms or the Service, subject to mandatory consumer-protection rules of your country of residence (Article 17-19, Regulation (EU) 1215/2012, Brussels Ia). If you are a consumer, you may also bring proceedings before the competent courts of your country of residence, and the Company may bring proceedings against you only in those courts.

The European Commission provides an Online Dispute Resolution platform for consumers at ec.europa.eu/consumers/odr. The Company does not commit to participate in ODR procedures but will cooperate with any competent ODR body where required by applicable law.

13. Changes

The Company may update these Terms. Material changes will be posted with a new "Last updated" date. For changes that materially affect your rights, the Company will provide reasonable advance notice. Continued use of the Service after the effective date of any change constitutes acceptance of the updated Terms.

14. Contact

Wio Capital S.L.
Calle de Fuencarral 123, Planta 4
28004 Madrid, Spain
Email: [email protected]
Phone: +34 91 060 4820