Investiqalinvestiqal

Terms and Conditions

Scope of Application

These terms and conditions apply to the use of the software application "Investiqal". This application is operated by Kurskontrolle UG (haftungsbeschränkt) – hereinafter referred to as "Provider" –, Jahnstraße 43, 41564 Kaarst in Germany, represented by the managing director Dr. Simon Lichte. 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, and the terms of the payment service provider Stripe for direct web purchases.

Formation and Content of the Contract

The software application "Investiqal" 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.

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.

In the case of a direct purchase via the Provider's website, the contractual relationship comes into effect upon completion of the checkout process. For direct web purchases, the Provider (Kurskontrolle UG) is the merchant of record and the direct contractual partner of the User. Payment is processed via Stripe (see section "Payment Processing via Stripe" below).

The User is granted access to the content to a limited or unlimited extent in accordance with the subscription selected by the User.

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.

The User shall be granted a simple, non-transferable right to use the software application for the term of the agreement.

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 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. 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.
  • The Provider, not Apple, is responsible for satisfying any claims by the User or any third party relating to the Software Application, including: (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.
  • In the event of a claim by a third party that the Software Application infringes intellectual property rights, the Provider 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; and (ii) he/she is not listed on any U.S. government list of prohibited or restricted parties.
  • Apple and Apple's affiliates are third party beneficiaries of these Terms and Conditions and shall have the right to enforce them against the User.

Subscription and Payment Obligation

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. The subscription fees shall be paid in each case on the first day of the subscription period.

Payment Processing via Stripe

For subscriptions and purchases made directly via the Provider's website, payment is processed by Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland ("Stripe"). The Provider is the merchant of record for all such transactions: the contractual relationship exists solely between the User and the Provider, not between the User and Stripe.

By completing a web purchase, the User acknowledges that their payment data (including card details, billing address, and transaction information) will be transmitted to and processed by Stripe in accordance with Stripe's Privacy Policy. The User consents to Stripe accessing the personal data necessary to process the payment. The Provider is responsible for ensuring all necessary consents and disclosures are in place before enabling Stripe to process User data (Stripe Services Agreement, Section 4.5).

The use of Stripe is subject to the Stripe Services Agreement. The Provider's use of Stripe does not alter the Provider's responsibility for the provision of services, refunds, and handling of complaints. Stripe is not a party to the agreement between the User and the Provider.

Refunds for web purchases are handled directly by the Provider. The Provider is solely responsible for processing refunds and chargebacks arising from web transactions; these are not administered by Stripe on the User's behalf.

Data Protection

The data protection provisions of the Provider apply: Privacy Policy.

Limitation of Liability

Disclaimer

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 INVESTIQAL 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.

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 control measures are carried out where possible. 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.

The stock valuations provided are for non-binding information purposes only and do not constitute investment advice; investment decisions are made under the sole responsibility of the user.

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.

Reception Faults and Maintenance

The Provider shall not be liable for malfunctions within the radio network for which the Provider is not responsible.

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 to carry out the maintenance work without delay.

Confidentiality

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.

Term of Contract and Termination

Subscriptions

When booking a paid version, the contract period depends on the model booked by the User. If a 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 in the respective app distribution platform (Apple App Store, Google Play) or, for web subscriptions purchased via Stripe, via the account settings on the Provider's website, at the end of the current subscription period.

Free Version

The User may terminate the user contract at any time by deleting their account in the account settings and/or by deleting the app.

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.

Revocation Policy

For purchases made via the app distribution platforms, the provisions of the respective platform (Apple App Store, Google Play) apply to the right of revocation.

For direct web purchases processed via Stripe, the statutory right of withdrawal under German and EU consumer protection law applies where applicable. Users may request a refund by contacting the Provider at hello@investiqal.com within 14 days of purchase, unless the digital service has already been fully performed with the User's prior consent and acknowledgment that the right of withdrawal is lost upon full performance. Refunds for web purchases are processed by the Provider directly and not by Stripe.

The Terms and Conditions of the app distribution platform Apple App Store (Apple Media Services) can be accessed at: Apple Media Services Terms

The Terms and Conditions of the Google Play app distribution platform can be accessed at: Google Play Terms of Service

Information for Consumers in Distance Contracts and Electronic Commerce

  • The Provider is not subject to any special codes of conduct.
  • The user can check any transmission or input errors by counter-reading the data entered before completing their booking and, if necessary, use the "back" button to change entries.
  • The essential features of the services offered by the Provider as well as the period of validity of limited offers can be found in the individual subscription descriptions.
  • The languages available for the conclusion of the contract are German and English.
  • The User can submit complaints at the address given in the provider identification or by email to hello@investiqal.com.
  • The User can download the text of the contract in the software application and save it locally on the device.
  • Information on payment or fulfillment for app store purchases can be obtained from the respective app distribution platform (Apple App Store, Google Play). For direct web purchases, payment is processed via Stripe; information is available at stripe.com/de/privacy.
  • Complaint procedure via the ODR platform: Consumers have the option to initiate an out-of-court dispute resolution via the European ODR platform: https://ec.europa.eu/consumers/odr.

Final Provisions

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.

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.