1. Scope of Application
(1) These Terms of Service (ToS) apply to all contracts between Stephan Lucka (hereinafter "Provider") and the Customer regarding the use of the Schwerelos platform and related services.
(2) Deviating terms of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.
(3) These Terms apply to both consumers and businesses unless a distinction is made in the respective clause.
2. Subject Matter of the Contract
(1) The Provider provides the Customer with a web-based platform that aggregates and analyzes information about the performance of finance influencers and their public market predictions.
(2) The platform offers the following features:
- Collection and archiving of public predictions from finance influencers
- Classification of predictions by asset and market direction
- Calculation of hit rates based on price developments
- Notifications about new predictions and stance changes
(3) The specific scope of features depends on the plan chosen by the Customer.
3. Contract Formation
(1) The presentation of services on the website does not constitute a legally binding offer, but an invitation to submit an offer.
(2) By submitting the registration, the Customer makes a binding offer to conclude a usage contract.
(3) The contract is concluded when the Provider accepts the offer by activating the customer account.
4. Service Description and Plans
(1) The Provider offers various plans with different feature sets:
Free
Limited access to basic features, limited number of influencers
Basic
Extended features, up to 100 influencers, daily updates
Pro
Full access, unlimited influencers, real-time alerts, API access
(2) The Provider is entitled to adjust the scope of features of the plans, provided this is reasonable for the Customer and does not constitute a material limitation.
5. Customer Obligations
(1) The Customer is obligated to keep their access data secret and protect it from third-party access.
(2) The Customer may only use the platform for their own purposes. Sharing access data or systematic extraction of data is prohibited.
(3) The Customer undertakes not to use the platform for unlawful purposes.
6. Pricing and Payment Terms
(1) The prices for paid plans are determined by the current price list on the website.
(2) All prices include the applicable statutory value-added tax.
(3) Payment is made in advance for the selected billing period (monthly or annually).
(4) In case of payment default, the Provider is entitled to block access to the platform.
7. Contract Duration and Termination
(1) Contracts for free plans run for an indefinite period and can be terminated at any time.
(2) Paid plans have the following terms:
- Monthly billing: Term of 1 month, termination with 7 days notice to the end of the billing period
- Annual billing: Term of 1 year, termination with 1 month notice to the end of the billing period
(3) The right to extraordinary termination for good cause remains unaffected.
(4) Termination requires text form (email is sufficient).
8. Disclaimer of Liability
Important Notice:
(1) The information provided on the platform does not constitute investment advice. The Provider does not make recommendations to buy or sell financial instruments.
(2) The Provider is not liable for the accuracy, completeness, or timeliness of the data displayed on the platform regarding influencer predictions or price developments.
(3) The Provider is not liable for losses or damages incurred by the Customer through investment decisions made based on information from the platform.
(4) The Provider's liability for slight negligence is excluded unless essential contractual obligations are affected. Liability for damages resulting from injury to life, body, or health remains unaffected.
9. Data Protection
Information on the processing of personal data can be found in our Privacy Policy.
10. Changes to Terms
(1) The Provider reserves the right to change these Terms if this is necessary for compelling reasons.
(2) Changes will be communicated to the Customer by email at least 4 weeks before they take effect.
(3) If the Customer does not object to the changes within 4 weeks of receiving the notification, the changes are deemed approved.
11. Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the Customer is a merchant, legal entity under public law, or special fund under public law, the place of jurisdiction is Berlin.
(3) Should individual provisions of these Terms be invalid, the validity of the remaining provisions shall remain unaffected.
Right of Withdrawal for Consumers
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of contract conclusion.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email).
Contact: Stephan Lucka, Heide 27a, 41564 Kaarst, Germany, Email: lucka@ux-beratung.de