TERMS OF USE

1. Licence

The website/app is designed for use in Germany only and the information on it relates to investments marketed to residents of Germany. You must not use the website/app in any country where its use is or would be prohibited by local laws.

You may only Use the Website if you are at least 18 years of age.

2. Restricted access

Access to certain areas of the website/app is restricted to Registered Users and may be further restricted to Subscribers. We reserve the right to restrict access to other areas of the website/app, or indeed the whole website/app, at our discretion. You must not use the login details or password of any other person to access restricted areas of the website/app.

3. Registered Users

In order to become a Registered User, you must create an account using the website/app interface, and click on the activation link in the email that we will send to you. Registered Users gain access to additional services and restricted areas on the website/app, which may include: (i) the ability to submit and edit articles on the website/app; (ii) the ability to submit posts to our website/app forums and to rate others’ posts; (iii) the facility to create a detailed profile which may be made available via the website/app; (iv) access to our website/app-based messaging system.

Registered Users must not allow any other person to use their user ID and password, and they must ensure that that user ID and password are kept confidential. Registered Users accept responsibility for all activities that occur under or in relation to their user ID and password. Upon our request, Registered Users and will provide to us proof of their identity and/or age.

We may also be required by law or regulation to identify Registered Users and disclose their details to a third party including the relevant legal or regulatory authority if requested by them to do so.

We may alter or restrict the services and areas that Registered Users have access to, and/or delete any Registered User’s account, in our sole discretion without notice or explanation.

4. User Content

You grant to us for the full term of copyright (including any extensions, renewals, restorations, revivals and reversions) a non-exclusive royalty-free irrevocable licence to Use the User Content that you submit to the website/app, any part of that User Content, and any derivative work based on that User Content and created under these Terms, on or in relation to the website/app, any other website and any other media available now or at any time in future. You grant to us the right to sub-license any or all of these rights. You also grant to us the right, under Section 101A of the Copyright, Designs and Patents Act 1988, to bring an action for infringement of any or all of these rights.

You warrant and undertake that you own or have the right to license the relevant Intellectual Property Rights in all User Content that you submit to the website/app in accordance with these Terms.

You must ensure that your User Content, and the Use of that User Content in accordance with these Terms, does not constitute:

a) a financial promotion, an advertisement for any particular investment or investment business, or an invitation or inducement to engage in investment activity;

b) investment advice, or advice to an investor or potential investor (or an agent for such a person) on the merits of buying, selling, subscribing for or underwriting a particular security or contractually-based investment or exercising any right conferred by such an investment to buy, sell, subscribe for or underwrite such an investment;

c) the making of an arrangement for another person (whether as principal or agent) to buy, sell, subscribe for or underwrite a security or a contractually-based investment; or

d) any financial service or activity regulated or controlled by any applicable law.

You also agree to disclose any material interest you or your associates may have when making contributions to your User Content. The restrictions above do not, of course, prevent you posting general and generic financial information on the website/app to the extent that they do not constitute carrying on regulated investment or the communication of a financial promotion.

You must ensure that your User Content, material linked to by the User Content, and the Use of User Content in accordance with these Terms:

a) does not infringe any third party’s rights (including without limitation Intellectual Property Rights, reputational rights, rights of confidence and rights of privacy);

b) does not give rise to any cause of action in any jurisdiction, whether against us, you or a third party;

c) does not violate any law, statute, ordinance, regulation, legally binding code or market conventions in any jurisdiction (including, without limit, financial services regulations) whether in Germany or elsewhere;

e) is not pornographic or sexually explicit;

f) does not duplicate or substantially duplicate User Content previously published on the website/app;

g) is not threatening, abusive, harassing, menacing or contrary to the principles of internet etiquette;

h) does not constitute spam or marketing material (any promotional activity should only take place through your Profile); and;

g) does not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

We do not undertake to monitor your use of the website/app or the posting of User Content by you or any third party on the website/app. Nor do we warrant that the Users of the website/app have adhered to these Terms, although we use reasonable endeavours to remove User Content which breaches these Terms after it has been brought to our attention. If you become aware of any User Content on the website/app which breaches these Terms, you should notify us of that content immediately. You acknowledge that we may edit, delete and/or move User Content without notice or explanation.

5. Third Party Content

Subject to the warranties in Section 6 below, we do not undertake to monitor Third Party Content that appears on the website/app. Nor do we warrant that Third Party Content providers have adhered to these Terms, although we use reasonable endeavours to remove Third Party Content which breaches these Terms after it has been brought to our attention. If you become aware of any Third Party Content on the website/app which breaches these Terms, you should notify us of that content immediately.

6. Our warranties

You acknowledge that the website/app and the material on the website/app may be changed from time to time without notice. As we provide content as a free service to all our users, we offer no warranties in respect of the preparation and publication of this content.

Notwithstanding the warranties above, XVESTOR.APP is not authorised to give investment advice and nothing on the website/app should be interpreted as XVESTOR.APP seeking to offer such advice. Content, Data, User Content and/or relevant Third Party Content is provided ‘as is’ and may contain errors or inaccuracies. You should seek confirmation from an authoritative third party source of any information found on the website/app upon which you may wish to rely. Use of XVESTOR.APP Content, Data, User Content and/or Third Party Content is solely at your risk.

You acknowledge that the use and interpretation of the Data, and any data analysis tools provided as part of the website/app requires skill and judgement. You shall at all times exercise your own skill and judgement in the Use and interpretation of the website/app and shall be solely responsible for the purposes for which it is used and for all opinions, recommendations, forecasts and other comments made or action taken by you based wholly or partly on the XVESTOR.APP Data and/or data analysis tools. You should consider the results of any content as candidates for further research, not as a buy list or as a set of recommendations.

Subject to the warranty given above:

a) we do not warrant the completeness, veracity, bona fides or accuracy of the material on the website/app; nor do we commit to ensuring that the website/app remains available or that the material on the Website is kept up-to-date;

b) we do not grant to you any warranties or make any representations relating to the website/app or your Use of the website/app, and to the fullest extent permitted by applicable law we exclude all warranties and representations.

You acknowledge that the material on the website/app submitted by third parties (including our Registered Users) from time to time is the sole responsible of the third party who has submitted that material. If you become aware of any inaccuracy or error on the website, please let us know.

7. Indemnity

You will indemnify us and keep us indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by you of any of these Terms, or arising out of any claim that you have breached any of these Terms.

8. Financial disclaimer

Our website/app is a financial data and news portal, discussion forum and content aggregator. XVESTOR.APP is not a broker/dealer, we are not an investment advisor, we have no access to non-public information about publicly traded companies, and this is not a place for the giving or receiving of financial advice, advice concerning investment decisions or tax or legal advice.

We are an educational forum for analysing, learning & discussing general and generic information related to stocks, investments and strategies. No content on the site constitutes – or should be understood as constituting – a recommendation to enter in any securities transactions or to engage in any of the investment strategies presented in our website/app content. We do not provide personalised recommendations or views as to whether a stock or investment approach is suited to the financial needs of a specific individual.

Much of the content on this site is user-generated and, as such, impossible to monitor effectively. Excluding the XVESTOR.APP Content and Data, all of the information on our website/app about businesses, companies, investment strategies, investments and investment opportunities is provided by our Registered Users and other third parties. We act as a mere conduit for this information published on our website/app, and we do not select, monitor, edit, modify review, evaluate or otherwise oversee the information or the publication of the information on our website/app.

Where we present content, the results should only be treated as candidates for further research, not as a buy list or set of recommendations. Content may help to narrow a search but it is not a substitute for independent research reflecting your individual criteria for investing/trading.

XVESTOR.APP Content and Data is intended to be used and must be used for informational purposes only. It is very important to do your own analysis before making any investment based on your own personal circumstances. You should take professional financial advice in connection with, or independently research and verify, any information that you find on our website/app and wish to rely upon, whether for the purpose of making an investment decision or otherwise. Any arrangements between you and any third party contacted via the website/app are at your sole risk.

Accordingly, we will not be liable, whether in contract, tort (including negligence) or otherwise, in respect of any damage, expense or other loss you may suffer arising out of such information or any reliance you may place upon such information.

Our website/app is directed only to residents in Germany. For the avoidance of doubt, the website/app is not being offered in the US or Canada or to US persons or Canadian persons. Nothing on this website/app or any part thereof is intended to constitute an offer or solicitation to buy or sell investments in any jurisdiction.

We do not therefore warrant that our website/app complies with the applicable laws or regulations of any particular jurisdiction outside of Germany. Accordingly, if it is prohibited to make information provided on this website/app or any part thereof available in your jurisdiction or to you (by reason of nationality, residence or otherwise) the website/app or any part thereof is not directed at you.

You accept that if you are resident outside of Germany, you must satisfy yourself that you are lawfully able to access our website/app and, in particular, able to lawfully receive any document which contains links or allows you access to other websites in the country from where you are accessing the User Content, Third Party Content and/or XVESTOR.APP Content.

We do not accept any liability for any costs, losses or damages resulting from, or related to, the availability or content of the website/app to persons in jurisdictions outside of Germany or to persons who are nominees of or trustees for citizens, resident or nationals of other countries.

We would like to draw your attention to the following important investment warnings: i) the value of shares and investments and the income derived from them can go down as well as up; ii) investors may not get back the amount they invested; and iii) past performance is not necessarily a guide to future performance.

9. General disclaimer

Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these Terms, your Use in connection with the website/app, whether arising in tort, contract, or otherwise.

Without limiting the generality of the exclusion of liability above, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under these Terms, your Use in connection with the website/app, whether direct or indirect, and whether arising in tort, contract, or otherwise; nor will we be liable for any loss or damage arising out of any event that is beyond our reasonable control.

You agreed to the publication of feedback and comments about you by others on the website/app, you acknowledge that such feedback and comments may be critical or defamatory, and you agree that you will not hold us liable in respect of any such feedback and comments, irrespective of whether we are aware or ought to have been aware of such feedback and comments. Nothing in these Terms will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

10. Third party websites

The website/app includes links to other websites. These links are not recommendations, and are provided for your information only. We have no control over the contents of those websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11. Trade marks

Registered and unregistered trademarks or service marks on the website/app are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

12. Term & Termination

Without prejudice to our other rights under these Terms, if you (including for the avoidance of doubt Registered Users) breach any of these Terms in any way, or if we reasonably suspect that you have breached any of these Terms in any way, we may:

a) delete, move or edit any of your User Content;

b) send you one or more formal warnings;

c) temporarily suspend your access to the website/app;

d) delete your account;

e) permanently prohibit you from using the website/app;

f) block computers using your IP address from accessing the website/app;

g) contact your internet services provider and request that they block your access to the website/app; and/or

h) bring court proceeding against you for breach of contract or otherwise.

Where we suspend or prohibit or block your access to the website/app, part of the website/app, you must not take any action to circumvent such suspension or prohibition or block (including without limitation using a different account).

13. Beta Access

All of our features will remain in “beta” until we indicate otherwise. From time to time, XVESTOR.APP may also offer you access to certain new features of the website/app as a “beta user”. If you use beta features, you acknowledge that these features may not yet have been fully bug-tested and may therefore contain significant errors and issues. You undertake to notify XVESTOR.APP of any bugs you may find, where possible. You also accept that access to these features may be withdrawn at any time, without any notice given, if we decided that these features are to form part of a separate subscription offer.

14. General

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect, and any such invalid or unenforceable provisions will be deemed omitted. No waiver of any provision of these Terms by us, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these Terms. These Terms are for the benefit of us and our users and are not intended to benefit, or be enforceable by, any other person. Any termination, rescission, amendment, variation, waiver or settlement under these Terms will not be subject to the consent of any third party.

User Content posted on the website/app may be retained by us either on-line or archived for a period of ten years. You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these Terms. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer these Terms, or any of our rights or obligations arising under these Terms, at any time. We may vary these Terms from time-to-time by posting a new version of the Terms on the website/app. If you are a Registered User, we may also give you notice of the variation. Your continued use of the website/app after a variation will constitute your acceptance of the variation.

These Terms constitutes the entire agreement between you and us in relation to your use of the website/app, and supersede all previous agreements in respect of your use of the website/app. These Terms will be governed by and construed in accordance with German law, and the German courts will have (subject to the following) exclusive jurisdiction to adjudicate any disputes arising out of or relating to these Terms. Both you and we irrevocably agree for the benefit of the other to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes we both irrevocably submit all disputes to the jurisdiction of the German courts. For the exclusive benefit of XVESTOR.APP, XVESTOR.APP retains the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are, subject to the financial disclaimer in clause 8 above, entered into in the course of your trade or profession, the country of your principal place of business.

15. Information

The website/app is owned and operated by Dr. Thomas Schön. If you wish to contact us, please email us via info [at] xvestor.app.

You should print a copy of these Terms for future reference. We will not file a copy of these Terms specifically in relation to you, and they may not be accessible on the website/app in future. These Terms are available in the English language only.