Scope of the App, Applicability
(1) The provider (XVESTOR.APP) has developed an app that allows mathematical calculations with which the user can perform a stress test for the user’s (retirement) portfolio in light of different market scenarios.
(2) The basic features of the app can be used for free. The app is acquired through app stores of third-party providers (Apple, Google). For the acquisition or the download of the app, the terms and conditions of those app stores apply. For the ongoing use, these Terms and Conditions apply.
(3) The app may only be used by individuals who have permission to use the mathematical calculations in the app. Compliance with supervisory requirements is only guaranteed for Germany and the European Union. Users from non-EU countries are not allowed to use the app.
Scope of Applicability
(1) These Terms and Conditions are part of the contract.
(2) As part of the registration process of the app, the user will take notice of the Terms and Conditions and will accept them as binding. Thus, they apply comprehensively to the use of the app and the use of the provider’s services offered through the app.
Conclusion, Term and Content of Contract
(1) The contract about the free use will be concluded with the provider XVESTOR.APP, c/o wizemann.space, Quellenstr. 7a, 70376 Stuttgart, Germany.
(3) The contract is concluded without a time limit, but the user may terminate it at any time by deleting the account and/or the app. The provider may terminate it by deleting the user profile after giving a notice of three days with an effective date on the subsequent Friday.
(4) The language of the contract is English.
(5) Contracts in the app will be stored by the provider.
(6) The app allows the user to carry out certain calculations. To that purpose, the app uses the dynamiX method. It is purely based on scientific knowledge and is not influenced by third parties (mutual funds, banks, insurance companies). For a detailed description of the content and the risks of using the calculated results, we refer you to the Risk Information Sheet, which is part of these Terms and Conditions.
Availability of the App, Force Majeure
(1) The provider has no obligation to provide the app to the user without interruptions. Nonetheless, the provider shall strive to achieve a good level of availability, retaining the right to temporarily limit or block in full the use of the app for purposes of maintenance and improvement as well as for other reasons required by the app or the provider’s operation.
(2) If the provider is prevented from performance due to force majeure, the provider’s obligation to performance shall rest for as long as the hindrance will continue.
Obligations of the User
(1) The user must refrain from all uses of the app that could improperly disrupt other users or the operation of the app. In particular, the user must not use the app for mass spamming.
(2) The user may only use data of other users that he/she received through the page within the scope of using the app, unless the other user has granted wider-reaching consent. Use for the user’s own purposes, in particular for marketing or other nuisances, is not permitted.
(3) If these obligations are not respected, the provider may delete the user without delay. The provider may also initiate less drastic measures, for example deleting or blocking specific content of the user, excluding the user from certain features of the site, or issue a warning.
(1) The user has to provide true and complete information in his/her profile. This data will be used as part of the contract.
(2) The user has to keep the user profile current. The user can enter new data in the profile at any time.
(3) Every user may only set up one profile. It may not be used by other users.
(4) It is up to the provider’s free discretion whether to accept a user profile or not. The provider has the right to delete user profiles at any time and without providing reasons. In that case, the usage contract between the user and the provider for the member area will terminate.
(5) The user must inform the provider immediately once the user receives notice of any third party having access to the user’s access data or otherwise having gained access to the user profile. If the user does not immediately notify the provider, the user is liable for the resulting damages to the provider.
Rights to Content
(1) The provider stores the content uploaded by the user on behalf of the user or connects the user to the necessary storage space and access thereto. The user is solely responsible for the multimedia content posted or uploaded to the provider’s app. If the user posts illegal content and third parties bring claims against the provider for that reason, the user must indemnify the provider against all claims, including damages and claims for expenses, upon the provider’s first demand.
(2) The user has to ensure personally that uploaded or posted content does not violate applicable laws or regulations, morals and third-party rights. In particular, name, personality, copyright, trademark and data protection rights must be respected. Nor shall the user upload content on the provider’s page that would violate the Criminal Code or the Interstate Treaty on the Protection of Minors in the Media. Nor shall the user post content that is pornographic, glorifies violence or incites hatred. The same applies to the use of other electronic means of communication of the provider.
(3) By uploading multimedia content (text, image, drawing or sound file), the user grants the provider a free, irrevocable, unlimited, sublicensable and worldwide right of use for the multimedia content posted in the provider’s app by the user. The right of use includes the right to change the multimedia content for the provider’s purposes and to make it accessible to the public through the app, online as well as offline, printed or in electronic form. This includes the display on all receiving devices with online access that allow the display, download and activation of the provider’s app.
(4) The content offered and displayed in the provider’s app is protected by copyright law.
(1) In accordance with Art. 6 para. 1 lit. b GDPR, contractual data (for example a nickname to be chosen freely, subject to availability, an avatar and the e-mail address, services used and all other data transmitted electronically or for storage purposes, which are necessary for the performance of the contract) are collected for the contract, as far as they are necessary to establish the contract, to negotiate its clauses or to amend it.
(2) The contractual data are only passed to third parties insofar as required for the performance of the contract (in accordance with Art. 6 para. 1 lit. b GDPR), by the overwhelming interest in an effective performance (in accordance with Art. 6 para. 1 lit. f GDPR) or there is consent (in accordance with Art. 6 para. 1 lit. a GDPR) or another statutory permission. The data is not sent to a country outside of the EU, unless the EU Commission has determined that the country has a similar level of data protection as the EU, unless consent has been provided or unless the standard contract has been agreed with the third-party provider.
(3) Individuals may request information about the personal data stored about them at any time and without any charges. They can demand that incorrect data be corrected at any time (also by adding additional information) as well as the limitation of the data processing or even the deletion of their data. This applies in particular once the purpose of the data processing has expired, the required consent has been revoked and if there is no other legal basis or the data processing is illegal. The personal data will then be corrected, blocked or deleted without delay and in accordance with the statutory framework. Consent to process personal data may be revoked at any time. This notice is not subject to any formal requirements, it may be a simple e-mail, for example. The revocation has no effect on the legality of the data processing carried out up to that point. The user may request that the contractual data is transferred in a machine-readable format. If the user fears that rights are violated by the data processing, a complaint may be filed with the competent supervisory authority.
(4) The data will principally remain stored only for as long as the purpose of the respective data processing requires. Longer storage is a possibility, particularly if required to pursue our rights, for legitimate reasons or in case of statutory requirements to store the data longer (for example if mandated by tax law, statute of limitations).