1. Scope of application
These terms and conditions apply to the use of the software application “Kurskontrolle”. This application is operated by Kurskontrolle UG (haftungsbeschränkt) – hereinafter referred to as “Provider” –, Jahnstraße 43, 41564 Kaarst in Germany represented by the managing directors Dr. Simon Lichte, Kornelius Dridger. Conflicting terms of the user are not accepted. Regulations deviating from these Terms and Conditions are only valid if the provider explicitly agrees to them. These Terms and Conditions apply without prejudice to the Terms and Conditions of the app distribution platforms Apple App Store (Apple Media Services) and Google Play.
2. Formation and content of the contract
2.1 The software application “Kurskontrolle” provides – depending on the version selected by the User – Content of stock analyses that can be accessed by its Users either free of charge or for a monthly fee.
2.2 The contractual relationship – depending on the version selected by the User – against payment or free of charge shall come into effect in case of download via the app distribution platform Apple App Store
- if the free version is selected without creating a user profile: by using the software application,
- in case of selection of the free version with creation of a user profile: by creating the user profile,
- in the case of selection of a paid version: by booking.
In the case of a download via the app distribution platform Google Play, Google is the responsible merchant of record (contractual partner). The User can choose from various subscription variants, each with a different scope of services and a correspondingly staggered monthly fee.
2.3 The User is granted access to the Content to a limited or unlimited extent in accordance with the subscription selected by the User.
2.4 The User shall not be contractually owed any specific success, in particular not in the form of a specific investment success. The stock valuations provided are purely informative and do not constitute investment advice; investment decisions are made at the sole responsibility of the User.
2.5 The User shall be granted a simple, non-transferable right to use the software application for the term of the agreement.
2.6 In the event of a download via the Apple App Store app distribution platform, the following provisions shall apply in addition:
- The Terms and Conditions of Apple Media Services shall apply to the use of the Software Application in addition to the Terms and Conditions herein.
- The software application may be accessed and used by other accounts that are connected to the user via family sharing or a volume purchase.
- Contractual or statutory maintenance and support is the responsibility of the provider, not Apple.
- The provider is the debtor of any applicable warranty claims. User may notify Apple if the Software Application fails to conform to any warranty right. Apple may refund the purchase price of the Software Application to the User. No warranty claims shall be made against Apple with respect to the Software Application. All other claims, losses, liabilities, damages, costs or expenses attributable to the failure to comply with any warranty shall be the responsibility of the Provider.
- The Provider, not Apple, are responsible for satisfying any claims by the User or any third party relating to the Software Application or the End User’s possession and/or use of this Licensed Application. This applies in particular to: (i) product liability claims; (ii) claims arising from the Software Application’s failure to comply with legal or regulatory requirements; and (iii) claims arising under consumer protection, privacy or similar laws, including in connection with the Software Application’s use of the HealthKit and HomeKit frameworks.
- In the event of a claim by a third party that the Software Application or its possession and use infringes User’s intellectual property rights or copyrights of such third party, Provider, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such claim.
- User hereby represents and warrants that (i) he/she is not located in a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. government list of prohibited or restricted parties.
- User must comply with applicable third party contract terms (e.g., wireless data service providers) when using the Software Application.
- Apple and Apple’s affiliates are third party beneficiaries of these Terms and Conditions. Apple shall have the right, upon User’s acceptance of the Terms and Conditions, to enforce the Terms and Conditions against User as a third party beneficiary.
3. Subscription and payment obligation
3.1 If a paid variant is selected, the paid subscription period shall commence upon expiration of the trial subscription, unless the User terminates the agreement prior to expiration of the trial subscription.
3.2 The subscription fees shall be paid in each case on the first day of the subscription period.
4. Data protection
The data protection provisions of the Provider apply.
5. Limitation of liability
5.1.1 EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PROVIDER, ITS THIRD PARTY AFFILIATES, THEIR RESPECTIVE DIRECTORS AND EMPLOYEES, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO TRADING LOSSES, DAMAGES, LOSS OF PROFITS), OR HAVE ANY RESPONSIBILITY WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF ANY KURSKONTROLLE SERVICE (INCLUDING USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT), WHETHER ARISING IN NEGLIGENCE, TORT, FUNDAMENTAL BREACH, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY, HOWEVER CAUSED, EVEN IF ANY PARTY HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
5.1.2 The Provider obtains data and information from third parties for the creation of its Contents. This data and information is researched with the greatest possible care and, as far as possible, control measures are carried out. Nevertheless, a comprehensive review of all information and data obtained from third parties is not possible for the provider. A guarantee for the accuracy, completeness and timeliness of the data and information obtained from third parties is not assumed.
5.1.3 The stock valuations provided are for non-binding information purposes only and do not constitute investment advice; in this respect, investment decisions are made under the sole responsibility of the user and are not covered by the provider’s liability. The Content provided does not replace individual advice tailored to the user.
5.2 Integrity and confidentiality of data
The Provider shall take appropriate technical and organizational measures to protect User Data against loss, theft or manipulation in accordance with the state of the art.
5.3 Reception faults and maintenance
5.3.1 The Provider shall not be liable for malfunctions within the radio network for which the Provider is not responsible.
5.3.2 The Provider shall not be liable for the temporary inaccessibility of the application within the scope of necessary maintenance work. Maintenance work shall be announced by the Provider with a notice period of 24 hours. If a security threat requires action at shorter notice, the Provider is entitled in this case to carry out the maintenance work without delay.
The Content is subject to industrial property rights and copyrights of the provider. Without the consent of the Provider, the User is prohibited from copying, distributing or publicly reproducing the Content.
7 Term of contract and termination
When booking a paid version, the contract period depends on the model booked by the User. If, when booking a subscription version, the subscription is not terminated before the end of the current subscription period, it shall be automatically extended by the same period. The User may terminate the User Agreement at any time via the corresponding functions for setting his subscriptions in the respective app distribution platform (Apple App Store, Google Play) at the end of the current subscription period.
7.2 Free version
If the free version is selected, the user contract ends with the termination possible at any time. The User may terminate the user contract at any time by deleting his account in the account settings and/or by deleting the app.
7.3 Termination without notice by the Provider
The Provider has the right to terminate the User Agreement with the User without notice if the User has repeatedly violated these Terms and Conditions, in particular Section 6.
8. Revocation policy
The provisions of the respective app distribution platform (Apple App Store, Google Play) apply to the right of revocation. The Terms and Conditions of the app distribution platform Apple App Store (Apple Media Services) can be accessed at the following web address: https://www.apple.com/legal/internet-services/itunes/us/terms.html
The terms and conditions of the Google Play app distribution platform can be accessed at the following web address: https://play.google.com/intl/en_US/about/play-terms/
9. Information for consumers in distance contracts and customer information for contracts in electronic commerce
9.1 The Provider is not subject to any special codes of conduct.
9.2 The user can check any transmission or input errors by counter-reading the data entered before completing his booking and, if necessary, use the “back” button to change his entries on the respective page.
9.3 The essential features of the services offered by the Provider as well as the period of validity of limited offers can be found by the User in the individual subscription descriptions within the scope of the Internet offer.
9.4 The languages available for the conclusion of the contract are German and English.
9.5 The User can submit complaints at the address given in the provider identification or by e-mail to firstname.lastname@example.org.
9.6 The User can download the text of the contract (consisting of the order data and the GTC) in the software application and save it locally on the device. The text of the contract is also stored by the provider and made available to the user by e-mail after conclusion of the contract via a link.
9.7 Information on payment or fulfillment can be obtained by the User from the respective app distribution platform (Apple App Store, Google Play).
9.8 Complaint procedure via the ODR platform: Consumers have the option to initiate an out-of-court dispute resolution in disputes via this link to the European ODR platform.
10. Final provisions
10.1 The laws of the Federal Republic of Germany shall apply to the exclusion of the conflict of laws provisions. The legal regulations and rights existing under the law of the user’s country of residence in favor of the consumer shall remain unaffected by this agreement.
10.2 If individual provisions of these Terms and Conditions are not legally effective in whole or in part, or if they later lose their legal effectiveness, the validity of the remainder of the agreement shall not be affected. The invalid provision shall be replaced by the statutory provision.