These Legal Disclaimers were last updated on: Thursday, October 12th, 2023
Effective date: Thursday, October 12th, 2023
This english version is only for better understanding. As a German company, we are governed by the German Law.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Legal Disclaimers:
”Material” means Our visual interfaces, graphics, design, compilation, information and text, data, computer code (including source code or object code), software, domain names and all other elements provided by Thweis on this Website.
”Financial Information” means any information which is provided on this Website and via the Service in relation to the financial markets, including, but not limited to, quotes, ticker symbols, company names, fundamental data, earnings/dividend or other reporting dates, charts with or without annotations, fundamental analyses, technical analysis, or any other analysis, opinions, prices, market comments, educational article or educational social media posts as well as automated data calculated from the Users portfolios, including, but not limited to, shares, stop loss price, position size.
”You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable (also referred to as either " Customer", "You", "Yours", "Buyer", "User", “Consumer” in this Agreement).
“Account” means a unique account created for You to access our Service or parts of our Service. There are free account types and account types which require a paid subscription.
“Thweis” means the company providing the Service and/or its subsiddiaries, affiliates, officers and employees. (also referred to as either "Thweis UG (haftungsbeschränkt)", "We", "Us", "Our", “Tradealyze”, “Seller” in this Agreement)
“Content” refers to User content such as reviews, photos, video or audio (including sound or voice recordings and musical recordings embodies in the video or audio), images, folders, data, social media posts and other posts and any other information and works of authorship or other works that can be posted, uploaded, linked to or otherwise made available by You on this Website.
“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.
“Service” refers to the software as a service (also referred to as "SaaS”) or cloud solution, digital products or other digital electronic services which Thweis provides on this Website. The Service includes free plans and paid subscription plans for SaaS, blog articles and other resources which are online available on this Website.
“Beta Products” refers to product plans, products in development, beta products and beta services, testing activities of new and unreleased features and associated Materials, data, or information and other resources which are online available on this Website for testing purposes.
“Confidential Information” refers to other information that is marked as confidential, or other information that Thweis considers confidential and that would, under the circumstances, appear to a reasonable person to be confidential. FConfidential Information also includes all notes, analyses, compilations, studies, interpretations, feedback, photos, videos, audio clips, audio visuals, other media or documents prepared by the Tester or its representatives that contain, reflect, or are based in whole or in part on Confidential Information.
”Tester” means the individual accessing or using Beta Products and the receiver of Confidential Information by participating in testing activities
“Thweis.com” refers to Our other website, accessible from https://www.thweis.com
“SLA” refers to Our service level agreement for this Website which, accessible from www.tradealyze.com/service-level-agreement
“Privacy Policy” refers to Our privacy policy for this Website, accessible from www.tradealyze.com/privacy-policy
“Legal Disclaimers” refers to Our legal disclaimers for this Website which provide detailed information regarding the liability and/or risks associated with our Service including disclaimers of warranties and limitations of liability, accessible from www.tradealyze.com/disclaimer
“Website” refers to this website, accessible from https://www.tradealyze.com
“Terms” mean these general terms and conditions, the Legal Disclaimers and the Service Level Agreement that form the entire agreement between You and Thweis regarding the use of the Service.
“Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Acknowledgment
Our Terms and Conditions, including Our Legal Disclaimers and Service Level Agreement (hereinafter referred to as the "Terms"), apply to all visitors to this Webite and govern the use of the Service and the entire agreement that exists between You and Thweis in the respective version at the time of use/visit.
Your access to the Website and use of the Service also requires that you acknowledge receipt of Thweis' Privacy Policy and that you set your Cookie Preferences.
Please read our documents carefully before continue browsing the Website or using the Service.
§1 Liability cases
Thweis shall be liable in accordance with the statutory provisions for damages of the User
- which have been caused by Thweis or its vicarious agents or assistants intentionally or by gross negligence
- which are the result of the non-existence of a guaranteed quality of the Service and this Website
- are the result of a culpable violation of essential contractual obligations
- are the result of culpable injury to health, body or life
- for which liability is provided according to the Product Liability Act (Produkthaftungsgesetz by German law)
§2 Limitations of liability
The limitations of liability set forth in this paragraph apply to all contractual and non-contractual claims.
In all other cases, liability on the part of Thweis is excluded to the extend provided under applicable law.
Regardless of the wording, the damages referred to in this paragraph expressly do not include the damages referred to in § 1 "Liability cases", for which liability can neither be excluded nor limited.
Insofar as the liability of Thweis is excluded or limited, this shall also apply to the personal liability of the legal representatives and employees of the Provider.
Some juristications dot not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages on applicable statutory rights of a consumer, which means that some of the following limitations may not apply to You. But in such a case the following exclusions and limitations shall be applied to the greatest extent enforceable under applicable law.
§2.1 General limitation of liability
In the event of simple negligence such as the negligent breach of a essential contractual obligation, notwithstanding any damages that You might incur, the entire liability of Thweis and any of its suppliers under any provision of our Terms and Your exclusive remedy for all of the foregoing shall be limited to the typically foreseeable damage.
Thweis shall not be liable for damages caused by simple negligence which do not concern essential contractual obligations. (Essential contractual obligations are those contractual obligations, whose fulfillment is essential to the proper implementation of the contract, and whose breach jeopardizes the achievement of the purpose of the contract and which the customer regularly trusts in their compliance.)
Without limitation to the foregoing, Thweis provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results and be compatible or work with any other software not mentioned in the documentation or the SLA.
Unless invalid under applicable law (e.g. German law), Thweis shall not be liable for any special, incidental, indirect, or consequential damages whatsoever, including, but not limited to, (i) damages for loss of profits, (ii) damages for business interruption, (iii) damages for loss of privacy arising out of or in any way related to the use of or inability to use the Service, (iv) damages for third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of our Terms, even if Thweis or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
§2.2 Limitation of liability for Incorrect Advice (Consulting)
Thweis shall not be liable for damages resulting or arising from incorrect advice and/or incorrect consulting, if the User failed to comply with the obligations stated in Terms and Conditions §3 Duties of the customer and prohibited use.
§2.3 Limitation of liability for availability, defects, missing or incorrect data
Our warranties and representations, including, but not limited to defects, provision of workarounds for defects, Service availability and support reaction times are governed by our SLA , accessible from https://www.tradealyze.com/service-level-agreement
Thweis makes every effort to ensure that this Website and the Service is always accessible and fully functional. However, no guarantee can be given for this beyond what is set forth in the SLA. In particular, technical problems may result in the inaccessibility of this Website and the Service or the failure of individual functionalities of this Website and the Service. Thweis shall not be liable for any damages resulting from lack of availability, errors or missing data if Thweis has complied with the promises set forth in the SLA.
For software made available for limited time (e.g. Software as a service ), Thweis shall not be liability for damages arising from known and unknown errors present at the time of entering into the contract.
Although regular backups of Content, Material, Financial Information and Logged Data are performed, Thweis does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content, Material, Financial Information or Logged Data that is corrupted prior to being backed up or that changes during the time a backup is performed. Thweis will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups. But You acknowledge that Thweis has no liability related to the integrity of such data or the failure to successfully restore such data to a usable state. If the User sustains any damage due to the loss of data, Thweis shall not be liable for such damage if the damage could have been avoided if the User had performed a regular and complete backup of all relevant data, including but not limited to open positions and trading history of all portfolios in the Account, in accordance with the User's duties set forth in our Terms.
§2.4 Limitation of liability Tele Media Act (Telemediengesetz by German law)
As a service provider, We are responsible for Our own content on this Website in accordance with general legislation pursuant to Section 7 (1) of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, however, we are not obligated as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected. However, liability in this regard is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of any such infringements, we will remove the relevant content and data immediately.
§2.5 Limitation of liability for external links and external data
Our Service may contain links to third-party web sites or services that are not owned or controlled by Thweis. Thweis has no control over, and assumes no responsibility for, the content, functionality, accuracy, legality, privacy practices, or other practices of any third party web sites or services to which this Website or Service provides links.
Thweis provides the User of this Website or Service with its own Material as well as data from other providers via API’s, webhooks and hyperlinks on the Internet. This data is for information purposes only. The User can neither refer to nor rely on the topicality, correctness or completeness of the data. Thweis does not assume any warranty or liability for direct or indirect damages resulting from the use of the information or data. You further acknowledge and agree that Thweis shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise You to read the terms and conditions, privacy policies and legal disclaimers of any third-party web sites or services that You visit.
Third party financial services: Thweis provides information about brokers, software and other financial service providers and, where applicable, makes recommendations to Users, but is not liable for the content and offers of third parties mentioned there. Although Thweis carefully checks its sources, it is the User's responsibility to conduct a thorough review of the data for timeliness and accuracy as well as the third party provider's business model. There is neither a legal claim to recommendations nor does the User have to pay any expenses for the mediation activity.
Third party Financial Information: The updates to the financial information that the User receives on this Website and as part of the Service are subject to market fluctuations and are based on the most recent quotes we receive from our third party data providers. Neither Thweis nor its third party data or content providers are liable for any errors or delays in this Financial Information.
§2.6 limitation of liability for services related to the financial markets
Based on the "Scope of Service" outlined in the Terms, Thweis does not see any damages arising from any actual operations in the financial markets made by the User based on Financial Information received on this Website or via the Service as typically foreseeable damages. Therefore any liability for damages arising from independent investment decisions and/or any actual operations in the financial markets made by the User on the basis of Financial Information received on this Website or via the Service shall be expressly excluded; the User acts at his own risk and peril.
Before the User makes investment decisions, he should have carefully informed himself about the opportunities and risks of the investment.
Thweis expressly recommends that Users contact their personal financial advisor before making transactions and investments in the financial markets. The Financial Information provided on this Website and Service does not constitute financial advice or financial analysis within the meaning of the German Securities Trading Act (Wertpapierhandelsgesetz WpHG) and cannot replace such advice or analysis. Due to political, economic or other changes or unforeseeable events, substantial price losses up to and including the total loss of the invested capital or even beyond this may occur.
§2.7 limitation of liability for Beta Products
Beta Products or Beta Services have not yet been publicly released and are offered for the sole purpose of internal testing and non-commercial evaluation. Beta Products may not perform at the level of a polished and release-ready service or commercially available service; may not operate as expected and maybe modified prior to release.
BETA PRODUCTS ARE, THEREFORE, OFFERED “AS IS” WITHOUT WARRANTY OF ANY KIND. FOR BETA PRODUCTS THWEIS DISCLAIMS ALL WARRANTIES AND LIABILITY FOR IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE TESTER ACCEPTS ALL RISKS ARISING OUT OF THE DOWNLOAD, ACCESS AND USE OF THE BETA PRODUCTS. THWEIS MAY, IN ITS SOLE DISCRETION, AT ANY TIME, TERMINATE OR DISCONTINUE THE BETA PRODUCT(S), DISCONTINUE TESTER’S PARTICIPATION, OR REMOVE TESTER’S FEEDBACK.
THWEIS SHALL NOT BE LIABLE FOR LOSS OF USE, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN RELATION TO THE BETA PRODUCTS.
§3 Risk Dislaimers
§3.1 Risk disclaimer for EPILEPTIC SEIZURES
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
§3.2 Risk disclaimer for Services related to the financial markets
Analyses as part of the Financial Information provided on this Website or via the Service do not meet the legal requirements to warrant the neutrality of financial analyses, they exclusively reflect the view of the employees of Thweis, irrespective of the exact wording. Furthermore, they do not constitute an offer or invitation to buy, hold or sell financial instruments and do not constitute an individual advisory or information relationship. They do not constitute legal, tax or other advice and cannot replace such advice. They do not take into account the specific situation of the User with regard to his investment objectives.
The positive performance ("backtests" or historical price performance) of a financial product or of your own market operations in the past can in no way be used to predict future returns. Markets can fall and rise, mostly unpredictably. Thweis express their own objective opinion to the best of their knowledge and belief, but can never predict the performance of a financial instrument with certainty and in advance.
All Financial Information provided by Thweis are given in the form of remarks or comments in a general and non-binding manner. All the information on this Website and Service and via our Third-party Social Media Service is published in good faith and for general educational purpose only and is not to be understood as an offer, consultation or mediation for the purchase or sale of CFDs / FOREX / Common Stock / Cryptocurrencies or any other transaction in the financial markets, the opening of a trading account with a broker or any other account for trading and investing or automated trading and investing.