Fund Desk — Licence Agreement and Terms of Use
Read this before you install. Fund Desk places real orders on a real exchange with real money. This agreement sets out what the software does, what it does not do, and who carries the risk. The short version is that you do — but please read the whole thing, because the detail matters.
1. Agreeing to this
By ticking the box, installing, or using Fund Desk ("the Software"), you agree to this agreement. If you do not agree, do not install it, and you may request a refund under the refund policy.
This agreement is between you and the supplier of Fund Desk ("we", "us"). If you are using the Software on behalf of a company or fund, you confirm you are authorised to accept these terms for them.
2. What Fund Desk is — and what it is not
Fund Desk is a calculation and record-keeping tool that runs on your own computer. It sizes positions against risk rules you set, sends orders you personally approve to your own exchange account through your own API keys, and keeps a journal of what happened.
It is not financial advice. Nothing the Software displays — no calculation, suggestion, target, score, chart, warning or guardrail state — is a recommendation to buy or sell anything. We are not licensed financial advisers, we do not know your circumstances, and we are not offering you a financial service.
It does not decide anything. Every order originates from you. The Software will not open, close, or modify a position that you did not explicitly instruct it to.
It is not a broker, exchange, custodian or money service. We never hold your money, your assets or your keys. Your relationship for trading is with your exchange, under their terms, not with us.
3. Your licence to use the Software
We grant you a personal, non-exclusive, non-transferable licence to install and use the Software on computers you own or control, for your own trading or that of a fund you are authorised to operate.
You may not:
- copy, publish, sell, rent, lease, sublicense or otherwise distribute the Software or any part of it;
- share, resell or publish your licence key, or use one licence to supply the Software to other people;
- decompile, disassemble or reverse engineer the Software, except to the extent that law expressly permits it despite this restriction (in Australia, that includes limited acts for interoperability and error correction under the Copyright Act 1968);
- remove, obscure or alter any copyright, trade mark or attribution notice;
- present the Software, or a modified version of it, as your own work, or use its name, interface, documentation or branding for a competing product;
- use it to provide a service to third parties — for example running it as a hosted product, a signal service, or a managed trading offering — without a separate written agreement with us.
The Software is licensed, not sold. All intellectual property in it, including its source code, interface, structure, documentation and name, remains ours. Nothing in this agreement transfers ownership of any of it to you.
You keep everything you create with it. Your trades, your journal, your notes and your data are yours. We have no rights over them and no access to them.
4. Trading risk — this is the important one
Trading leveraged derivatives can lose you more than you expect, up to and including everything in your account. Cryptocurrency markets are volatile, trade continuously, and can gap through your stop loss. Leverage multiplies losses as readily as gains. Positions can be liquidated.
You accept that:
- you are solely responsible for every order placed through your account, whether you intended it, mistyped it, or misunderstood what the Software was showing you;
- you are solely responsible for the risk settings you choose, including your position size, stop distance, leverage and loss limits;
- past results, whether your own or anyone else's, do not predict future results;
- you can lose your entire account balance, and — depending on your exchange's terms — potentially owe more;
- you should not trade with money you cannot afford to lose;
- if you are trading money belonging to other people, complying with the licensing and disclosure laws that apply to that is entirely your responsibility, not ours.
5. The risk guardrails are a tool, not a guarantee
The Software can refuse to lodge an order that breaches limits you have set, attach a stop loss to an order, and warn you when you are near a limit. These features are useful. They are not a promise that you will not lose money, and they can fail.
In particular, and without limiting anything else in this agreement, a stop loss is an instruction to your exchange, not a guarantee of a price. It may be filled worse than requested, or not at all, in a fast market, a gap, an exchange outage, or a liquidity failure. Guardrails depend on data from your exchange being available, timely and correct. If that data is late, wrong or missing, the Software may permit a trade it would otherwise have refused, or refuse one it would otherwise have permitted.
You must independently verify every order on your exchange. Do not rely on the Software as your only record of what is open.
6. Your API keys, your computer, your security
The Software stores your exchange API keys on your own computer, encrypted using facilities provided by your operating system and tied to your user account. Keys are never transmitted to us or to anyone else. There is no account system and no server holding your credentials.
That design removes some risks and leaves others with you. You are responsible for:
- the security of your computer, your operating system account, your disk encryption and your backups;
- keeping malware off the machine — software already running as you can read anything you can read, and no local storage scheme prevents that;
- the permissions you grant each API key, and for using a read-only key where a read-only key will do;
- restricting keys by IP address where your exchange supports it;
- revoking keys promptly if a machine is lost, sold, shared or compromised;
- who else can physically or remotely use your computer.
We do not warrant that the Software is free of vulnerabilities, and we are not liable for unauthorised access to your exchange account, your computer, or your data, however it occurs. If you discover a security flaw in the Software, please tell us rather than publishing it, and we will do our best to fix it promptly.
7. No warranty
Subject to section 9, the Software is provided "as is". To the maximum extent permitted by law we exclude all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
We do not warrant that the Software will be uninterrupted, error-free, or available at any particular time; that its calculations, data, or displays are accurate or complete; that it will connect successfully to your exchange; that it will prevent any loss; or that defects will be corrected.
8. Limitation of liability
Subject to section 9, and to the maximum extent permitted by law:
- we are not liable for any trading loss, lost profit, lost opportunity, missed trade, unfilled or partially filled order, incorrect position size, failed or slipped stop loss, liquidation, funding cost, exchange fee, tax consequence, data loss, or business interruption, whether arising in contract, negligence, statute or otherwise, and whether or not we were advised such loss was possible;
- we are not liable for the acts, omissions, outages, errors, insolvency, security failures or terms of any exchange, data provider, internet service, or operating system;
- our total aggregate liability arising out of or in connection with the Software and this agreement is limited to the amount you actually paid for your licence.
You agree to indemnify us against any claim brought against us by a third party — including any investor, client or partner of yours — arising from your use of the Software or your trading.
9. Australian Consumer Law
Nothing in this agreement excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they are not of acceptable quality and the failure does not amount to a major failure.
Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, we limit it to resupplying the Software or paying the cost of resupply, at our option.
Sections 7 and 8 apply only to the extent the law allows.
10. Your exchange is not us
Fund Desk is an independent product. We are not affiliated with, endorsed by, sponsored by, or partnered with Bybit or any other exchange. Their names and trade marks belong to them and are used only to describe compatibility.
Your use of any exchange is governed by that exchange's own terms. You are responsible for complying with them, including any rules about API access and automated order placement, and for confirming that trading is lawful where you live. An exchange may change or withdraw its API at any time, which may stop the Software working, in whole or in part, with no notice to us or to you.
11. Updates, licence keys and support
Your purchase includes a perpetual licence to the version you bought. The Software keeps working offline and does not phone home; it will not stop working if we disappear, and it does not require our servers to hold or manage a position.
A licence key entitles you to updates. It does not gate whether the Software runs. We are not obliged to produce updates, and we may end update availability for older versions.
Support is provided on a best-effort basis and is not guaranteed within any timeframe.
12. Your responsibilities
You agree that you will: use the Software only for lawful purposes; comply with the tax, financial services and reporting laws that apply to you; keep your own records; verify the Software's output before acting on it; and not rely on it as your sole source of truth about your account.
13. Data and privacy
The Software collects no telemetry, analytics or usage data. It has no account system. Your keys, trades, journal, settings and notes stay on your computer. We cannot see them, and we cannot recover them for you if you lose them — so keep your own backups. If you contact us for support, we only ever receive what you choose to send.
14. Termination
This licence ends automatically if you materially breach it — in particular by redistributing the Software or sharing a licence key. On termination you must stop using it and remove it from your computers. Your data remains yours.
Sections 3 (ownership), 4, 5, 7, 8, 9, 15 and 16 survive termination.
15. Changes to these terms
We may publish updated terms with new versions of the Software. Changed terms apply to versions released after the change, and you will be asked to accept them before using such a version. They do not retrospectively change the terms of a version you already bought and are using.
16. Governing law
This agreement is governed by the laws of South Australia, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State. If any provision is found unenforceable, it is severed and the rest continues to apply. This agreement is the entire agreement between us about the Software and replaces any earlier representation or understanding.
17. Contact
Questions about this agreement, refunds, or a security issue should be sent to the support address published on the Fund Desk website.
In one sentence: Fund Desk is a tool that helps you follow your own trading rules, it will sometimes be wrong, the money at risk is entirely yours, and nothing here takes away rights the Australian Consumer Law gives you.