General Terms and Conditions
“Stockpulse“ refers to the service provided subject to these General Terms and Conditions and/or Stockpulse GmbH, Gerhard-von-Are-Str. 2, 53111 Bonn, Germany, registered in the Bonn trade registry, HRB 22547.
Preamble
By registering for Stockpulse, the User accepts the following General Terms and Conditions (hereinafter the “GTC”) for using Stockpulse.
Stockpulse operates Stockpulse services under the domain stockpulse.ai. All websites on which Stockpulse provides its services are hereinafter referred to as “Stockpulse Websites.”
These GTC shall govern the contractual relationship between the User and Stockpulse, irrespective of which Stockpulse Website the user is registered with or logged on to.
The services provided by Stockpulse are intended exclusively for persons of legal age.
The User can access, print, download, and save these General Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all Stockpulse Websites.
1. Subject Matter
1.1 Stockpulse is an online web platform accessible via a standard web browser where registered users can view market sentiment and statistics on global financial markets.
1.2 The Stockpulse Websites offer registered users several account options:
- a) a private, free version of Stockpulse (hereinafter referred to as “Trial Account”),
- b) a private, paid version of Stockpulse (hereinafter referred to as “Paid Account”), and
- c) a commercial, paid version of Stockpulse (hereinafter referred to as “Paid Account”).
1.3 The Stockpulse Websites offer registered users several types of Paid Accounts:
- a) Basic,
- b) Premium,
- c) Platinum,
- d) Professional (Commercial Use).
Details about the scope of services for the Paid Accounts are provided on the Stockpulse Websites under “Accounts” and the sub-page “Registration.”
1.4 The information and data available on the Stockpulse Websites are for informational purposes only. Stockpulse does not provide investment consulting or brokerage services. Information about past performance of financial products does not guarantee future performance.
1.5 By registering for a Trial Account or a Paid Account, the User agrees to these GTC.
2. Paid Account
2.1 Details about the applicable fees for the Paid Accounts are set forth on the Stockpulse Websites under “Accounts” and the sub-page “Registration.” The listed fees are binding.
2.2 Payments for the entire term of Paid Accounts are due immediately upon invoicing.
2.3 Payments can be made using various methods available, such as payment in advance or online payment systems (e.g., PayPal). If Stockpulse is unable to collect fees due to insufficient funds, the User shall bear all costs arising therefrom, including bank charges, provided the User is responsible for the lack of funds.
2.4 If the User selects “payment in advance,” the User’s account will remain a Trial Account until Stockpulse confirms receipt of payment. Upon confirmation, the account will be upgraded to the purchased version.
2.5 Stockpulse may send invoices to the User electronically (via e-mail).
3. Trial Account
3.1 Users can register for a free Trial Account of Stockpulse for a period of two weeks (14 days). After the free trial period, the account will be deactivated automatically. No fees apply, and no paid subscriptions are required after the Trial Account expires.
3.2 The User accepts that functionalities in the Trial Account may differ from those in Paid Accounts.
4. Registration, Representations, and Warranties
4.1 The User must register to use any services on the Stockpulse Websites and provide certain personal information.
4.2 The User warrants that all registration data is accurate and complete. The User shall report any changes to Stockpulse without undue delay. If inaccurate or incomplete data is provided, Stockpulse may delete the User’s account and terminate the contract without conditions. The User shall not use pseudonyms or pen names.
4.3 The User warrants that they are of legal age at the time of registration.
4.4 The User agrees to use Stockpulse services in accordance with these GTC and applicable laws, including those concerning the import and export of software and data in the European Union and other countries.
4.5 The User shall choose a password upon registration and keep it secret. Stockpulse shall not disclose the password to any third party and will not request it from the User.
4.6 By completing the registration procedure, the User accepts Stockpulse’s GTC. Stockpulse confirms the registration request, thus entering into a formal agreement.
4.7 Each User may only register once for a Trial Account.
4.8 It is technically impossible for Stockpulse to verify the actual identity of registered users. Stockpulse assumes no liability for user identities. Each User is responsible for verifying the identity of others. Unauthorized use of the password and user profile must be reported to Stockpulse immediately.
5. Duration, Renewal, and Cancellation of the Service Agreement
5.1 The User is not required to terminate the Trial Account after the free trial period.
5.2 Paid Accounts shall run for the period selected by the User at the time of purchase. After this term, the Paid Accounts will renew for the same duration unless terminated by the User. The User may terminate Paid Accounts at the end of the initial or renewal term.
5.3 The User may terminate the agreement using the contact form on the Stockpulse Websites, or by sending a fax or letter. The termination notice must include the User’s username and registered email address. This provision does not affect the right to terminate the agreement for good cause.
5.4 Stockpulse may terminate for good cause if continuation of the agreement is unreasonable, particularly if:
- a) the User provided inaccurate or incomplete registration data, or
- b) the User repeatedly violates any contractual obligation and continues after being requested to stop by Stockpulse.
5.5 Stockpulse may, upon good cause:
- a) issue a warning to the User, or
- b) block access to the User’s Stockpulse account.
5.6 Reimbursement of payment is excluded in cases where:
- a) Stockpulse terminates for good cause,
- b) Stockpulse blocks access to the User’s account,
- c) the User terminates for good cause, subject to Stockpulse’s approval.
6. Right of Cancellation
You may cancel your contractual agreement with Stockpulse in writing (e.g., by letter, fax, or email) within fourteen (14) days without stating a reason. The two-week period begins upon receipt of these instructions but not before the contract has been executed and our informational duties fulfilled as per Par. 246 (2) in connection with Par. 1 (1 and 2) EGBGB, and Par. 312e (1) line 1 BGB in connection with Par. 246 (3) EGBGB.
The contract can be canceled by sending timely notification to:
Stockpulse GmbH
Gerhard-von-Are-Str. 2
53111 Bonn
Germany
Phone: +49 228 227 875 36
Email: info@stockpulse.ai
You may also use the contact form on the Stockpulse Websites.
Consequences of Cancellation
In the event of a valid contract termination, services and fees provided by both parties are to be returned, and any economic advantages (e.g., interest) repaid. If you cannot return the services fully or only partially, you must reimburse us for the value lost. This can mean you are required to fulfill the contractual payment obligations for the time period until cancellation. Obligations to reimburse costs must be fulfilled within 30 days. This period begins for you when you send your contract termination, and for us when we receive it.
Additional Information
The User’s right of cancellation lapses before the end of the cancellation period if the contract has been completely fulfilled to the satisfaction of both parties before the User exercises their right of cancellation.
End of Cancellation Instructions
7. Obligations of the User
7.1 The User is prohibited from:
- 7.1.1 Blocking, overwriting, modifying, and copying any contents of the Stockpulse Websites, unless necessary for proper use of the services. The use of “Robot/Crawler” search engine technology is prohibited.
- 7.1.2 Any action intended to harm the Stockpulse infrastructure, especially actions that strain the system’s capacity.
7.2 The User may not duplicate, copy, trade, sell, or offer Stockpulse services for commercial purposes unless Stockpulse has explicitly agreed in writing.
8. Change of Services
The User acknowledges that Stockpulse may at any time change its user interface or analysis algorithms without previous notice.
9. Technical Availability
9.1 The User acknowledges that a 100% availability of the Stockpulse Websites at all times is technically impossible. In particular maintenance, safety, capacity or certain other factors are beyond the control of Stockpulse (for example interruption of public communication networks, electricity outages etc.) and may cause temporary interruption of service.
9.2 The User acknowledges that Stockpulse can determine memory capacity necessary for Stockpulse services anytime at its own discretion.
10. Property Rights
10.1 The User acknowledges that Stockpulse and the copyright holder of the content displayed, has all rights, ownership and legal control of its intellectual property. This includes, independent of registration, application or location, all intellectual property rights related to the Stockpulse services.
10.2 The User acknowledges that the Stockpulse services may include confidential information and that the User may only publish such information with written permission from Stockpulse.
10.3 Unless Stockpulse has approved in written form, the User may not use the company name, brand, logo, domain name or other parts of its intellectual property.
10.4 The User agrees not to violate or obscure any intellectual property rights acquired via use of the Stockpulse service. The User agrees not to use such properties without express written permission by Stockpulse or the rights holder.
11. Software Updates
The software Stockpulse implements and uses to provide services to its users will be updated regularly. Updates serve to improve and develop the Stockpulse services and may improve Stockpulse functions, create new software modules, versions or solutions to existing problems. The User accepts these kinds of updates as a part of the services rendered by Stockpulse.
12. Liability
12.1 The User is liable for regulatory violation of third parties or a self-inflicted and direct violation against statutory provisions or requirements. The User commits to exempt Stockpulse of all claims for compensation of third parties that result of nonobservance of the responsibilities of these GTCs or of a violation of the User against statutory provisions or requirements.
12.2 Stockpulse strives to deliver a stable availability and high quality of its services. Stockpulse, however, does not assume liability for correctness, completeness, actuality, or accurateness of the services, information, prices, courses, indices, calculations, news, analysis, and general market data provided on the Stockpulse Websites.
12.3 The liability of Stockpulse either in case of contractual claim or liability in tort is determined by the following policies:
12.3.1 Stockpulse is liable for gross negligence and deliberate intention as well as personal injury without restrictions. For slight negligence Stockpulse is only liable in case of the violation of relevant contractual requirements caused of laches and unenforceability by Stockpulse. The liability in case of a violation of the relevant contractual requirements is limited on the general damage Stockpulse could anticipate at the time of the contract agreement under applicable circumstances. Relevant contractual requirements are requirements that the User can conform on and their conformance are relevant for the attainment of the purpose of the contract.
12.4 The preceding liabilities are not legitimate in case of an assumption of guarantees of Stockpulse and in case of disadvantages resulting from injuries of life, the body, or health and in case of mandatory statutory provisions.
13. Final Provisions
13.1 Stockpulse reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. Stockpulse shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within two weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. Stockpulse shall inform the User about the User’s right to object and of the relevance of the objection deadline in said notice.
13.2 Unless otherwise stated in these GTC, the User may submit all notices to Stockpulse using the contact form provided on each of the Stockpulse Websites, or by letter or fax. Stockpulse may send notices to the User by e-mail, fax or post to the addresses given in the User’s current contact data in his or her user account.
13.3 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
13.4 Despite careful control Stockpulse assumes no liability for the content of external links. Their operators are fully responsible for the content of the linked pages.
13.5 Place of performance is at the Stockpulse headquarter in Bonn, Germany.
13.6 This agreement is governed according to the law of the Federal Republic of Germany.
13.7 Place of jurisdiction is Bonn, Germany.
13.8 The User can offset claims arising from the contract only against undisputed or legally determined claims.