GTC - general terms and conditions from wavealert.de
§ 1 General, scope of application
(2) Deviating regulations of the users do not apply, unless the provider has expressly confirmed this in writing. Individual agreements always have priority.
(4) The business relations between the provider and the user are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The validity of UN sales law is excluded.
(5) Place of jurisdiction is Cologne, Germany, if the user is a merchant, a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.
§ 2 Services of the provider, contents of the website, access restriction
(1) www.wavealert.de maintains a platform where users can create alerts for reaching specific trigger events for assets. As soon as an alarm is active, the user is informed. In addition to the information about the reaching of the alarm event, news about the affected asset is provided.
- Types of alarms
- Exceeding or falling below an absolute threshold: The alarm becomes active when a certain absolute value of an asset is exceeded or fallen below.
- Increase or decrease of at least a certain % value during a certain number of days until today. For example, the alarm becomes active if the value of a particular asset has fallen by more than 12% in the last 7 days.
- Below an absolute threshold: The alarm becomes active when an asset falls below a certain aboslute value.
The information about an active alarm is sent by e-mail or, when using the Wavealert app, by push message.
- Types of assets
Our assets are delivered via a third-party service. Therefore, we can only offer the assets provided by that service. Assets can be: stocks, ETFs or cryptocurrency.
- The information and associated news displayed for the assets are integrated as a third-party service. The provider therefore assumes no responsibility for the completeness and accuracy of the information and news on the assets provided on the website, nor for their current status. This also applies to all links contained on the website. The provider is not responsible for the content of a page that is reached via such a link.
(2) The provider may restrict access to its own services if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disturbances of the network, software or stored data so require.
§ 3 Use as free registered user, or with "test account"
It is possible to visit the website as a free registered user. The test account has a greatly reduced range of functions and serves to get to know the principle of the site and the benefits of the service. An active use of all functions of the website is not possible, however. For the use of all other functionalities a fee-based account is required.
§ 4 Use as registered premium user
(1) Active use of all functions of the website is only possible as a premium user. The notification service is subject to a fee, depending on the number of alarms created.
(2) Premium users can transfer money to their credit account. From this account the costs incurred by the use of the alarms will be debited. Money paid into the credit account will be kept there until it is debited for the provision of the service or the account is deleted by the user.
(4) Registration is only permitted to natural persons with unlimited legal capacity. Minors may not register with the provider. Each user may have only one access; a transfer of access is not possible.
(5) The data requested by the provider when registering as a premium user must be provided completely and correctly, e.g. first and last name, current address (no P.O. Box) and telephone number, valid e-mail address. If the data provided changes subsequently, the user is obliged to correct the information immediately.
(6) When registering, users shall enter a user name and choose a password. Communication between the provider and the users takes place via the e-mail address provided.
(7) Users must keep their password secret. Every user is obliged to inform the provider immediately if there are indications that his access has been misused. Each user is basically liable for all activities carried out using his access and indemnifies the provider from any claims for damages by third parties, unless the user is not responsible for the abuse.
§ 5 Duration of the contract of use
The registration as a user is unlimited. Every user can terminate his contract of use at any time in writing or by e-mail. The right of extraordinary termination remains unaffected for both parties. The user data will be deleted within one week after receipt of the termination. A new registration is possible at any time.
§ 6 Blocking
(1) The provider can take the following measures if there are concrete indications that a user is violating legal regulations, rights of third parties or these general terms and conditions, or if the provider has any other legitimate interest, in particular to protect other users:
- Warning of users,
- Temporary, partial or permanent suspension.
- Termination of the contract of use without notice.
(2) The provider can also exclude a user definitively from active use of the website (final block) if the user has provided incorrect contact data during registration, in particular an incorrect or invalid e-mail address, if he/she causes considerable damage to other users or providers or if there is another important reason.
(3) As soon as a user has been temporarily or permanently blocked, he may no longer use the website with other user accesses and may not register again.
§ 7 System integrity and website malfunction
(1) Users may not use any mechanisms, software or other scripts in connection with the use of the Website that may interfere with the functioning of the Website, in particular those that enable the generation of automated page calls or page impressions.
(2) Users shall not take any measures that could result in an unreasonable or excessive load on the infrastructure.
(3) Users may not block, overwrite or modify any content generated by the Provider or interfere with the website in any other way.
§ 8 Responsibility for contents,
The information and associated news displayed for the assets are integrated as a third-party service. The Provider therefore assumes no responsibility for the completeness and accuracy of the information and news on the Assets provided on the Web Site, nor for their current status. This also applies to all links contained on the website. The provider is not responsible for the content of a page that is reached via such a link.
§ 9 Limitations of liability
(1) Wavealert is liable without limitation for intent and gross negligence
(2) Wavealert shall only be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the customer regularly relies. In this case, liability is limited to foreseeable damage typical of the contract. The typical damage is generally limited to the amount of the customer`s contractual remuneration for the period in which the breach of duty occurred, unless in individual cases this limitation is unreasonable from the point of view of equity.
(3) Liability for culpable injury to life, limb or health and mandatory liability under the Product Liability Act shall remain unaffected by the above limitation of liability. for a defect after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects.
(4) The above limitations of liability apply to both contractual and non-contractual claims. They also apply to the employees and vicarious agents of Wavealert.
(1) The user is aware and agrees that the personal data required for the processing of the user relationship will be stored on data carriers. The user expressly agrees to the collection, processing and use of his personal data for the purpose of implementing the usage contract. This includes all data required for the proper processing of the contract concluded between the user and the provider, i.e. in particular name, address, contact data (telephone and fax number, e-mail address); but also the anonymous evaluation of files that have been requested, as well as the name of the file, the date and time of the request, the amount of data transferred, the access status (file transferred, file not found etc.), a description of the type of web browser used.
(2) The provider is only entitled to collect, store, change or use the user's personal data for the purpose of advertising with the user's separate consent. The provider is under no circumstances entitled to transfer this data in a listed or otherwise summarized form to third parties for the purpose of advertising.
(3) The stored personal data is treated confidentially by the provider. The collection, processing and use of personal data is carried out in accordance with the German Data Protection Ordinance (DSGVO). The user has the right to revoke his consent at any time with effect for the future. In this case the provider is obliged to delete the user's personal data. In the case of current contractual relationships of a user, the deletion shall take place after the termination of the contract.
§ 11 Subject to change
(1) Wavealert reserves the right to change these GTC as long as the users are not unreasonably disadvantaged by the change.
(2) Wavealert will only make these changes for valid reasons, in particular due to new technical developments, due to changes in economic circumstances, for security reasons due to changes in legislation, due to changes in case law, to optimize features of the Service, to add additional features or to ensure the future functionality of the Service.
(3) Should Wavealert make changes, users will be informed of this by e-mail at least two weeks before they come into force and informed of the rights to which they are entitled. If a user does not object to the validity of the new GTC in writing or by e-mail within six weeks of receipt, the amended GTC shall be deemed accepted.
(4) Wavealert will separately point out the significance of this period to the users in the e-mail. If an amendment to the GTCs proves to be invalid, this shall not affect the validity of the remaining amendments or conditions.