“StockPulse“ refers to the service provided subject to these General Terms and Conditions and/or Stockpulse GmbH, Colmantstr. 5, 50823 Cologne, Germany registered in the Cologne trade registry, HRB 72529.
By registering for StockPulse, the User accepts the following General Terms and Conditions (hereinafter the “GTC”) for using StockPulse.
StockPulse operates StockPulse services under the domains stockpulse.de und stockpulse.net. All websites on which StockPulse provides StockPulse services are hereinafter referred to as “StockPulse Websites”.
These GTC shall govern the contract relationship between the User and StockPulse, irrespective of which StockPulse Website the user is registered with or logged on to.
The services provided by StockPulse are intended exclusively for persons of legal age.
The User can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all StockPulse Websites.
1.
1.1 StockPulse is an online based web platform which can be accessed via a standard web browser where registered users can get an overview of market sentiment on the German and American financial market.
1.2 The StockPulse Websites offer registered users two options:
a) a private, free version of StockPulse (hereinafter referred to as “Test Account”) and
b) a private, paid version of StockPulse (hereinafter referred to as “Paid Account”).
1.3 The StockPulse Websites offer registered users two options of a Paid Account:
a) Basic and
b) Premium.
Details about the scope of services for the Paid Accounts are set forth on the StockPulse Websites under “For Consumers” and the sub page “Registration”.
1.4 The information and data available on the StockPulse Websites are only for information purposes. StockPulse does not provide investment consulting or investment brokerage on the StockPulse Websites. Information about the performance of various financial products in the past does not provide a guarantee for future performance of these products.
1.5 By submitting a registration for a Test Account or a Paid Account, the User agrees to the GTC.
2.
2.1 Details about the applicable fees for the Paid Accounts are set forth on the StockPulse Websites under “For Consumers” and the sub page “Registration”. The fees listed are binding.
2.2 Payments for the entire term of Paid Accounts shall be due immediately upon invoicing.
2.3 Payment can be made using the various debiting procedures available, in particular with the credit cards accepted, or the available online payment system (Paypal). If StockPulse is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs.
2.4 StockPulse may send bills to the User electronically (per Email).
3.
3.1 Users can register for a free Test Account of using StockPulse for a period of two weeks. After the free trial period the account for logging in to StockPulse will be deactivated automatically.
3.2 The User accepts that functionalities used within the test accounts can differ from functionalities that are implemented in Paid Accounts.
4.
4.1 The User must register prior to using any of the services on the StockPulse Websites. The User is asked to convey certain personal information.
4.2 The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to StockPulse without undue delay. If the User provides inaccurate and incomplete data StockPulse can delete the User’s login data and terminate the contract agreement for a Test Account and/or Paid Account without any conditions. The User shall not use pseudonyms or pen names.
4.3 The User warrants and represents that he or she is of legal age at the time of registration.
4.4 The user confirms that the services offered by StockPulse will only be used within these GTCs, as well as according to rules and regulations (hereunder laws concerning import and export of software and data in the European Union and other countries) applicable to his or her person.
4.5 The User shall choose a password upon registration for a Paid Account. The User is obliged to keep this password secret. StockPulse shall not disclose the password to any third party and StockPulse shall not ask for the User’s password at any time.
4.6 Upon registration for a Test Account the User cannot choose a password. StockPulse will automatically and randomly generate a password and send it to the User’s email address that he or she provided upon registration for a Test Account. The User is obliged to keep this password secret. StockPulse shall not disclose the password to any third party and StockPulse shall not ask for the User’s password at any time.
4.7 By completing the registration procedure the User accepts StockPulse’s GTC. StockPulse approves the User’s submission by sending a confirmation of the registration request whereby the two parties enter into a formal agreement.
4.8 Each user may only register once for a Test Account.
4.9 It is technically impossible for StockPulse to determine with certainty whether any user registered with StockPulse is in fact the person he or she represents to be. Therefore, StockPulse assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user. Should the User become aware of unauthorized use of its password and user profile, he or she must immediately notify StockPulse.
5.
5.1 The User is not obliged to terminate the Test Account after the free trial period of two weeks.
5.2 Paid Accounts shall run for the period selected by the user when purchasing the paid account. Cancelation of Paid Accounts is possible until one week before the account expires, after that subscription renews automatically for one month.
5.3 The User may deliver notice of termination using the contact form available on all StockPulse Websites. Furthermore, the User may deliver termination by sending a fax or letter. The termination notice shall include the username of the User and an email address of the User registered on the StockPulse Websites. The provisions of this section 5.3 shall not affect the right of both parties to terminate the agreement for good cause.
5.4 For StockPulse, termination for good cause may occur when a continuation of the service agreement for its normal duration, under all and individual circumstances, appear not to in the interest of StockPulse. In particular, important reasons for terminating a service agreement are:
a) the User provided inaccurate and incomplete data upon registration and
b) the User repeatedly violated any other obligation regulated in the contract between StockPulse and continues the violation even after request through StockPulse.
5.5 Upon good cause and according to clause 5.4, but and also independently of this clause, StockPulse may:
a) issue a warning to the User and
b) block access to the User’s StockPulse account
5.6 In the following cases reimbursement of payment for StockPulse is excluded:
a) StockPulse terminates for good cause according to 5.4
b) StockPulse block access to the User’s StockPulse account according to 5.5
c) should the User terminate for good cause, reimbursement will occur subject to StockPulse approval.
6.
You may cancel your contractual agreement with StockPulse in writing (e.g., by letter, fax or email) within fourteen (14) days without stating a reason. The two-week period begins upon receipt of these instructions, but not before the contract has been executed, and also not prior to our fulfillment of our informational duties as per Par. 246 (2) in connection with Par. 1 (1 and 2) EGBGB, as well as our duties as per Par. 312e (1) line 1 BGB in connection with Par. 246 (3) EGBGB.
The contract can be canceled by sending timely notification to
Stockpulse GmbH
Colmantstr. 5
50823 Cologne
Germany
Fax: +49 221 6695722025
Email: info@stockpulse.de
You may also deliver notice of termination using the contact form available at all StockPulse Websites.
Consequences of cancellation
In the event of a valid contract termination, services and fees provided by both parties are to be returned, and any economic advantages gained (e.g., interest) are to be repaid. If you are not able to return the services rendered fully or in part, or only in a lesser form, you are obligated to reimburse us for the value lost. This can mean that you are required to fulfill the contractual payment obligations for the time period until cancellation. Obligations to reimburse costs must be fulfilled within 30 days. This period begins for you when you send your contract termination, for us when we receive it.
Additional information
The User’s right of cancellation lapses before the end of the right of cancellation period if the contract has been completely fulfilled to the satisfaction of both parties before the User exercises his or her right of cancellation.
End of instructions of cancellation
7.
7.1 The User is prohibited from the following:
7.1.1 Blocking, overwriting, modifying and copying of any contents of the StockPulse Websites, unless said actions are necessary for the proper use of the services on the StockPulse Websites. For example, the use of the “Robot/Crawler” search engine technology is not required for proper use of the services, and is therefore prohibited.
7.1.2 Any action which is intended to harm the StockPulse infrastructure, in particular in way of straining the system’s capacity.
7.2 The user may not duplicate StockPulse services, copy them, trade them as secondary services, sell them, using them for commercial purposes or offer them in any other way unless StockPulse has explicitly agreed to otherwise in written form.
8.
The User acknowledges that StockPulse may at any time change its user interface or analysis algorithms without previous notice.
9.
9.1 The User acknowledges that a 100% availability of the StockPulse Websites at all times is technically impossible. In particular maintenance, safety, capacity or certain other factors are beyond the control of StockPulse (for example interruption of public communication networks, electricity outages etc.) and may cause temporary interruption of service.
9.2 The User acknowledges that StockPulse can determine memory capacity necessary for StockPulse services anytime at its own discretion.
10.
10.1 The User acknowledges that StockPulse and the copyright holder of the content displayed, has all rights, ownership and legal control of its intellectual property. This includes, independent of registration, application or location, all intellectual property rights related to the StockPulse services.
10.2 The User acknowledges that the StockPulse services may include confidential information and that the User may only publish such information with written permission from StockPulse.
10.3 Unless StockPulse has approved in written form, the User may not use the company name, brand, logo, domain name or other parts of its intellectual property.
10.4 The User agrees not to violate or obscure any intellectual property rights acquired via use of the StockPulse service. The User agrees not to use such properties without express written permission by StockPulse or the rights holder.
11.
The software StockPulse implements and uses to provide services to its users will be updated regularly. Updates serve to improve and develop the StockPulse services and may improve StockPulse functions, create new software modules, versions or solutions to existing problems. The User accepts these kind of updates as a part of the services rendered by StockPulse.
12.
12.1 The User is liable for regulatory violation of third parties or a self-inflicted and direct violation against statutory provisions or requirements. The User commits to exempt StockPulse of all claims for compensation of third parties that result of nonobservance of the responsibilities of these GTCs or of a violation of the User against statutory provisions or requirements.
12.2 StockPulse strives to deliver a stable availability and high quality of its services. StockPulse, however, does not assume liability for correctness, completeness, actuality, or accurateness of the services, information, prices, courses, indices, calculations, news, analysis, and general market data provided on the StockPulse Websites.
12.3 The liability of StockPulse either in case of contractual claim or liability in tort is determined by the following policies:
12.3.1 StockPulse is liable for gross negligence and deliberate intention as well as personal injury without restrictions. For slight negligence StockPulse is only liable in case of the violation of relevant contractual requirements caused of laches and unenforceability by StockPulse. The liability in case of a violation of the relevant contractual requirements is limited on the general damage StockPulse could anticipate at the time of the contract agreement under applicable circumstances. Relevant contractual requirements are requirements that the User can conform on and their conformance are relevant for the attainment of the purpose of the contract.
12.4 The preceding liabilities are not legitimate in case of an assumption of guarantees of StockPulse and in case of disadvantages resulting from injuries of life, the body, or health and in case of mandatory statutory provisions.
13.
13.1 StockPulse reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. StockPulse shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within two weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. StockPulse shall inform the User about the User’s right to object and of the relevance of the objection deadline in said notice.
13.2 Unless otherwise stated in these GTC, the User may submit all notices to StockPulse using the contact form provided on each of the StockPulse Websites, or by letter or fax. StockPulse may send notices to the User by email, fax or post to the addresses given in the User’s current contact data in his or her user account.
13.3 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
13.4 Despite careful control StockPulse assumes no liability for the content of external links. Their operators are fully responsible for the content of the linked pages.
13.5 Place of performance is at the StockPulse headquarter in Cologne, Germany.
13.6 This agreement is governed according to the law of the Federal Republic of Germany.
13.7 Place of jurisdiction is Cologne, Germany.
13.8 The User can offset claims arising from the contract only against undisputed or legally determined claims.