General Terms and Conditions (AGB)

of Liberty Stock Markets GmbH, represented by the Managing Director Andrea Kraus, Karlsplatz 3, 80335 Munich, Commercial Register of the AG Munich HRB 282366, E-Mail: kundenservice@libertystockmarkets.de, Contact: Liberty Stock Markets contact form

§ 1 Scope of application and contractual basis

1. These General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of conclusion of the contract apply to all business relationships between Liberty Stock Markets GmbH (hereinafter referred to as “Provider”) and the respective customer with regard to all services of the Provider.
2. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognized – subject to the provider’s express written or textual consent in exceptional cases. The provider’s GTC shall also apply if the provider provides services to the customer in the knowledge of conflicting or deviating terms and conditions of the customer.

§ 2 Subject matter of the service

1. The Provider presents market analyses of selected indices, ETFs, commodities, cryptocurrencies and shares on its Internet platform based on technical chart analysis. These are presented to the customer there by means of price charts and extensive text explanations.
2. Access to the provider’s analysis services is gained by taking out a subscription, which includes different levels of service depending on the subscription model selected by the customer (Basic, Standard, Professional). Details of the services included in the subscription models can be found in the respective product description.
3. The provider expressly does not provide the customer with any financial, capital, financial services or advisory services and does not make any recommendation to purchase certain investments or to invest in certain ETFs, commodities, cryptocurrencies or shares. In particular, the content on the Internet Platform and in any form of communication to the customer (e.g. in push notifications and in email communications) by the provider does not constitute a recommendation or solicitation (either directly or indirectly) to the customer to invest in certain commodities, indices, ETFs, cryptocurrencies and shares or, in particular, any type of financial product, e.g. including derivative financial products, financial instruments, financial services or financial services.For example, to acquire or trade derivative financial products, financial derivatives, warrants, other options (put or call options) or certificates of any kind, such as turbo warrants, knock-out products and any kind of fixed-term financial products and financial certificates, leverage certificates and contracts for difference (CFDs).
4. The model portfolio shown on the provider’s Internet platform is for demonstration purposes only and is not a real money portfolio. Its sole purpose is to demonstrate the quality of the analysis service and to create transparency and verifiability for the customer. The provider does not at any time manage assets, neither of clients nor of other third parties.

§ 3 Customers

1. The Provider’s services are aimed exclusively at consumers.
2. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 BGB). Differentiation from the entrepreneur, to whom the services of the provider are not directed: (1) An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. (2) A partnership with legal capacity is a partnership that has the capacity to acquire rights and enter into obligations (Section 14 BGB).
3. The provider’s services may only be ordered by customers who are of legal age and have unlimited legal capacity.
4. The Provider directs its offer exclusively to customers who do not have their habitual residence or registered office in the United States of America, Canada or Japan.

§ 4 General provisions on orders

1. The product presentation on the Internet platform represents an invitation by the provider to the customer to submit an offer to conclude an access subscription.
2. The customer submits a binding offer by activating the “Confirm payment” button during the ordering process. Immediately after sending the order, the customer receives a notification that their offer has been received. The contract between the parties is concluded by the provider’s declaration of acceptance confirmed to the customer by separate e-mail. It is the customer’s responsibility to check his e-mail inbox for receipt of the declaration of acceptance. Until the binding declaration of acceptance is sent, the provider may refuse acceptance at any time without giving reasons. There is no entitlement to the conclusion of a contract.
3. As part of the ordering process, the customer selects the desired subscription model. Personal data and the intended method of payment must be provided. The customer assures that all data provided is complete and correct. It is possible to cancel the order process at any time until the “Confirm payment” button is pressed without giving reasons.
4. The order is only possible if these GTC are expressly accepted by the customer by clicking on the “I accept the GTC and privacy policy” button.
5. The costs of the subscription include statutory VAT and are charged in advance for the respective term. Payment is due upon submission of the provider’s declaration of acceptance. The costs of the monthly subscriptions are made up as follows. The provider offers three subscription levels, which differ in the scope of services. The higher the subscription level, the higher the service. Basic is the entry-level subscription. It includes analyses of ETFs and indices. Standard includes everything that is included in Basic, plus analyses of all securities from the sample portfolio. In addition, customers from Standard upwards receive push notifications and e-mail alerts when the provider makes changes to the securities account. Professional includes all services from Basic and Standard. In addition, customers receive analyses on all stocks from our watchlist, cryptocurrencies and commodities. All subscriptions can be booked as monthly or annual subscriptions, whereby the monthly subscriptions can be canceled monthly and the annual subscriptions expire automatically after one year.
6. Changes to the customer’s personal data that affect the performance of services under this contractual relationship, in particular billing, delivery and e-mail addresses, must be communicated to the provider at least 5 working days before the desired change date.
7. The customer can cancel the subscription in text form, by e-mail or via the “Cancel subscription” button provided by the provider. The button is always visible and accessible via the dashboard when logged in.

§ 5 Right of withdrawal

If the customer is a consumer, they are generally entitled to a right of withdrawal. Further information on this can be found in the provisions of the provider’s right of withdrawal: https://libertystockmarkets.com/widerrufsrecht/.

§ 6 Provision and use

1. After conclusion of the contract, the customer receives access data for a personal login area in which the booked services are made available to him. The provider’s services are made available to the customer via the provider’s website for the duration of the agreed term. With the Standard and Professional subscription models, the customer receives additional push notifications from the provider on their end devices and notifications to the e-mail address they have provided. The customer’s ability to access digital content via the provider’s platforms ends at the end of the contract term.
2. The provider is entitled to freely choose the technologies, functionalities and service providers used within the scope of the digital offers and to change, supplement or restrict these at any time in order to expand, optimize, update and adapt them to current technical standards, provided that this does not conflict with any legitimate interests of the customer.
3. Only the customer is permitted to use the services covered by the subscription, unless multiple licenses for several users have been expressly agreed. In the latter case, personal access is only permitted for the agreed number of users. Access is granted by means of the user’s own e-mail address and a password to be chosen by the user.
4. The access data provided to the customer and the password chosen by the customer must be kept secret by the customer and must not be passed on to third parties. In particular, the use of one user access by several persons is not permitted. The Provider is entitled to restrict access to up to 3 end devices per Customer and is also entitled to sign digital content with invisible watermarks or to take other technical measures to prevent/detect misuse. In addition to other legal claims, the provider is entitled to demand compensation for damages and to terminate the contract without notice in the event of misuse.
5. The Internet pages offered as part of the information services are used by loading the web pages in full using appropriate client programs (“web browsers”). Isolated partial retrieval of content is not permitted, in particular the use of automated query programs (“scrapers”, “bots”, etc.).
6. The provider may temporarily restrict access to the platforms if this is necessary for technical and legal reasons, in particular for maintenance or to rectify technical faults or to protect data. The provider will immediately rectify faults within its sphere of influence within the scope of what is technically and operationally reasonable and carry out maintenance – where possible – during times of low usage

§ 7 Term; termination

1. Subscriptions shall commence at the time of submission of the declaration of acceptance by the Provider (Section 2 above). Information on the term of the subscription and the notice period is displayed within the respective product description. Unless otherwise stated in the product description, monthly subscriptions (Basic, Standard, Professional) are automatically extended for an indefinite period after expiry of the agreed initial term if the customer does not terminate the subscription at the latest on the day before the end of the initial term or at any time after the extension for an indefinite period by giving one month’s notice. It is expressly stated that the automatic extension of the contract can be prevented by timely termination by the customer. Annual subscriptions (Basic, Standard, Professional) end automatically at the end of the initial term (12 months). Renewal can only be effected by the customer by placing a new order.
2. The customer can cancel the subscription in text form, by e-mail or via the “Cancel subscription” button provided by the provider. The button is always visible and accessible via the dashboard when logged in.
3. The right to extraordinary termination for good cause remains unaffected. In particular, the provider is entitled to terminate the contractual relationship extraordinarily and without notice if the customer has provided false customer data when placing the order, damages or significantly impairs the functionality of the offers through measures that are unusual in terms of use, misuses the provider’s services or violates the provisions of these GTC in any other way.

§ Section 8 Rights of use

The contents of the Provider’s services are protected by copyright. Any use of the content that goes beyond the statutory restrictions, in particular any reproduction, storage, distribution, making available to the public, etc. for commercial and/or industrial purposes, i.e. including corresponding storage in database systems or publication on the Internet or Intranet as well as forwarding of content (including by forwarding e-mails) or granting of rights to third parties, is not permitted and requires the prior express consent of the provider.

§ 9 Liability and warranty

1. The content provided as part of the information services is based in part on agency reports and has been provided in part by data partners (in particular price data) or originates from other third-party sources that have been carefully selected by the provider. The provider assumes no liability for the accuracy, up-to-dateness and availability of the content contained in the information services, in particular courses and prices. The provider is therefore also not liable for decisions made by the customer on the basis of content that subsequently turn out to be incorrect or inaccurate.
2. The analyses are prepared to the best of the provider’s knowledge and belief, but the provider accepts no liability for the accuracy of their content.
3. The provider is not liable for the content of third-party offers to which reference is made in the provider’s information services by means of links.
4. Furthermore, the provider is only liable for damages caused by intent or gross negligence (including by representatives or vicarious agents) or if the provider culpably breaches a material contractual obligation. If the provider is not accused of intentional breach of contract, the liability for damages is limited to the foreseeable, typically occurring damage.
5. Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.

§ 10 Data protection

The customer’s personal data (e.g. name, address, e-mail address, order data) are processed by the provider in accordance with the applicable statutory data protection regulations. Further details on this and on the rights of the customer as a data subject can be found in the privacy policy available at the link https://libertystockmarkets.com/datenschutzerklaerung/.

§ 11 Information on dispute resolution

1. The European Commission provides a platform for online dispute resolution (so-called ODR platform), which can be accessed via the link to the European Commission’s platform.
2. The provider does not participate in a dispute resolution procedure and is not obliged to do so.

§ 12 Applicable law

The contract shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all legal disputes in connection with the contract is Munich, unless a consumer is involved as a customer. The law of the Federal Republic of Germany and the language German shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable and immovable goods and services. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.