General terms and conditions

§2.1 Relaxation of use for the financial community

In the context of the financial community, screenshots with portfolio relevant data (i.e, charts, ratios, relative performance) are permitted if they are not of a harmful nature to Thweis. Such screenshots may include some Material due to the nature of what a screenshot is. This permission refers to privately operated blogs, publications of articles on financial platforms on the Internet and posts on social media channels. A reference to Tradealyze.com is encouraged.

§4.1 The Scope of the Service

The Service provided on this Website consists of the publication of blog articles on money and risk management for investors and traders with the intend to improve their methods and provide information. The Service also includes a software as a service (SaaS) platform which provides the User with a mobile friendly web application. The nature of this SaaS is to help the User follow their self-imposed portfolio and risk management rules, as well as help the User improve such rules via distinct tracking, planning and analyzing functionalities.

For this purpose the SaaS can approximate and simulate a real trading account with limited accuarcy depending on, but not limited to, the quality of User input. The SaaS does not connect to a real trading account but instead relies on the Logged-Data provided by the User. The SaaS calculates what would likely happen in a real trading account based on this User input and Thweis' understanding of such calculations. Therefore the nature of the SaaS does not allow the calculated output data from such a simulated portfolio to be more than a non-binding remark or comment. The calculated data is an estimation and shall not be seen as a recommendation or even a suggestion to use it for any real market transaction.

For the purpose of tracking, the User can create a fixed amount of portfolios depending on the Account type and fill them with Logged Data. This Logged Data is then visualized and common performance metrics are calculated and presented to the User.

For the planning functionality, the User can provide further information regarding the individual risk allowance which include but are not limited to, maximum percentage position size, number of shares, maximum risk per market operation, frequency of trading, stop loss (herinafter referred to as "Portfolio Settings"). These Portfolio Settings are used to help the User plan a hypothetical future market operation. The Service does this by calculating the shares required for a hypothetical position based on Logged Data and Portfolio Settings in a way that the Portfolio Settings are not violated. This planning functionality of the Service is a pure quality of life feature as the User could also perform similar calculations by hand with a calculator or the help of any common spreadsheet software.

The analyzing feature of the Service evaluates the Logged Data and provides the User with non-binding suggestions to alter the Portfolio Settings with the goal to improve the various portfolio performance metrics based on statistical methods as described in the documentation (This procedure is herinafter referred to as "Algo"). The User has the option to apply this Algo automatically for each portfolio. In the base configuration the automatic Algo is switched off.

Under no circumstances does the Service provide the User with any financial advice or even suggestions regarding any specific financial instruments and is therefore not a substitute for professional investment advice.

§4.2 Risk warning for services related to the financial markets

The Service provided by Thweis on this Website does not constitute financial advice, guidance or recommendation to make or not to make any transaction, investment or decision in the context of financial markets. The Service provided is impersonal, non-binding and not tailored to any particular financial instrument. For this reason, we encourage You to seek professional financial advice before making any investment decision. Results are not guaranteed and may vary from person to person. Trading and investing involves inherent risks, including the loss of Your Investment capital or even beyond that. Past market performance is not indicative of future results. Any investment is solely at Your own risk, you assume full responsibility.

For a more comprehensive disclaimer, as well as additional information on how Thweis limits its liability with respect to services related to the financial markets, please see our Legal Disclaimers.

§4.3 Adjustment/Modification of the Service

The Service provided on this Website may be changed, extended or restricted without prior notice.

§4.4 Cessation of operation

Should the operation of Our Service on this Website be discontinued, any payments made will be refunded pro rata temporis. No claims can be asserted beyond this.

§4.5 System requirements and availability

Certain system requirements on Your part are necessary for the use of the Service on this Website. Before you create an Account on this Website, You must ensure that You can sufficiently use the offered functions of the Service in Your interest. In addition, these system requirements may change at any time due to technical adjustments and enhancements. By using standardized components and technologies, an attempt is made to achieve the greatest possible compatibility with the different systems of the Users. However, the success of these efforts cannot be guaranteed due to the technical complexity.

For more information on User equipment requirements, please refer to our service level agreement (SLA).

§4.6 Data and calculation errors

Due to the high complexity of the calculations and volume of the data provided, it is not possible for Thweis to guarantee that all data and calculation results are error-free. However, we make every effort to reduce errors to a minimum. Measures are taken for this purpose. Among others these are:

• Monetary calculations with a fully automated checksum test
• Providing you with alerts if any calculated position size or trade risk exceeds (i) levels You provided in your Portfolio Settings (ii) levels based on a common sense for risk.

§4.7 Conclusion of contract

In the event of a contract being concluded, it comes into force with:

Thweis UG (haftungsbeschränkt)
Zum Lappentascher Hof 36C
66424 Homburg
VAT DE346687526

The PRO Account is a paid subscription based plan. For the purchase of this paid Service on this Website, You must confirm during the purchase process that You are a consumer and not a business within the context of §13 BGB (German Civil Code). During the purchase process, but before the check-out, You have to accept these Terms, the Legal Disclaimers, the Privacy Policy and the Service Level Agreement by clicking the respective checkboxes. The availabe subscription plans or digital products can be selected in the form of toggle switches or checkboxes. During the process, You can select the subscription plan you wish to pay for (Currently only the PRO plan has a fee). You then submit your binding offer by clicking "Buy Subscription Now" or "Buy Now". You will then be securely redirected to the respective payment service provider in accordance with the payment method you selected. At the website of the payment service provider, the actual payment to the business account of Thweis will be made and confirmed.

The acceptance of the purchase and thus the beginning of the contract between Thweis and You is made by Thweis by (i) sending an explicit declaration of acceptance containing of the order including a link to these Terms to You via e-mail no later than 3 working days after receiving the order; (ii) by sending the ordered goods; (iii) by activating the corresponding secured member application area where you have direct access to the ordered Service.

§4.8 Free version of our Service

The BASIC Account is not a paid plan. It is completely free of charge and all you must provide is your e-mail and a password. You can log-in with your Google account as well. The Basic account is fully functional as a portfolio and money management tool but lacks some additional features of the paid subscription plans. You can upgrade your free BASIC Account in two ways (i) by upgrading to a subscription based PRO plan in your profile settings and (ii) by providing a valid Thweis.com tokken as described in $4.11 Subscriptions made via https://www.thweis.com.

§4.9 Plan cancellation, termination and renewal

You can cancel your paid subscriptions, these Terms or any additional terms and/or delete your Account at any given time through your account page. We do not offer refunds except under very limited circumstances outlined in our Legal Disclaimers. To avoid a renewal for another month you have to cancel no later than 1 day before the expiration of the current subscription period. This cancellation can be done in the customer's account management at https://www.Tradealyze.com/ by clicking on "Cancel Subscription" or via a written notification to our e-mail adress: dbb8b4b5afbab8af9bafb3acbeb2a8f5b8b4b6. Once cancelled your access to the Service remains active until the current subscription period expires.
After the expiration of the subscription period, the subscription will be automatically renewed for a full month if it has not been cancelled beforehand. You will receive a notification of the automatic renewal not later than 5 days before the expiration of the current subscription period.

When you delete your Account, any active subscription at that time will automatically be cancelled at that moment and and your our access to our Service will be denied. Furthermore all Your Content, settings and information on our serves will be permanentely deleted in accordance with our Privacy Policy and these Terms. If youn would like to cancel your paid subscription without deleting your account, see §4.10 „Plan upgrades and downgrades“ for further information.

In addition to the cancellation by You, there is the possibility that We terminate these Terms or any additional terms, suspend or deny You access to our Service and delete Your Account at any given time and without notice for good cause according to § 314 BGB (German Civil Code), if the legal requirements are met. One such reason would be if your actions and Your way of interacting with our Service violates these Terms or harms the experience of other Users and which is not reasonable for Us or other Users of our Service.

Thweis reserves the right to increase the subscription prices, the increase will be announced in time beforehand via e-mail. In the event of a price increase of more than 10 percent in one event, the subscriber shall have a special right of contract termination with effect at the end of the last month before the price increase takes effect. The price increase shall only apply after the end of the current contract/subscription period.

§4.10 Plan upgrades and downgrades

When the customers cancels a PRO or Thweis-LINK account subscription, the account will automatically be downgraded from PRO to BASIC once the contract period ends. If the Account does not fulfill the requirements of the BASIC plan upon completion of the downgrade, it will be flagged. Once flagged, You will not be able enter new positions, add, or cut existing positions or modify the positions or settings of any of the portfolios in any way. Tradealyze will notify You of the reason for the flagged status and request specific changes to be made. Once the conflicts are resolved the flagged status will be removed and You can use your Basic account.

A common reason for a violation when downgrading from PRO to BASIC account type is the number of portfolios. In such a case the user must decide which portfolio to delete. A portfolio can be exported before deletion so that it can be imported again in the future.

When an account is downgraded from PRO to BASIC, we will delete all the additional PRO Account information and only keep Your e-mail address and password to comply with the requirements of Our BASIC Account type. We are obliged to save Your invoices for 10 years to comply with German fiscal and commercial law ( Abgabenordnung AO and “Handelsgesetztbuch HGB).

If you are upgrading from a free plan to a paid subscription based plan, we will charge you immediately via the selected payment method and your billing cycle starts on the day of the upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.

§4.11 Subscriptions made via https://www.thweis.com

Tradealyze Users who have concluded a contract via our other website thweis.com receive access to all contents of the PRO membership on Tradealyze.com as well as additional thweis exclusive content by providing a unique access tokken which is available in their secure member area at thweis.com. In no case do paying Customers of thweis.com need a separate paid membership on this Website, a free BASIC Account is sufficient. Once you input your tokken in the account settings of your BASIC Account on this Website you will immediately get access to the additional features. For those Users, the Terms on Thweis.com apply in addition to the Terms on this Website. As soon as the Thweis.com contract of these users is terminated, the access token automatically expires at the end of the active subscription period and the Account type on this Website is downgraded from Thweis-LINK to BASIC. This downgrade is handled the same as a downgrade from PRO to BASIC. The conditions of an account downgrade are explained in §4.10 Plan upgrades and downgrades.

§4.12 Storage of the contract text

You may view these Terms with any included general contractual provisions on the Website. Furthermore, You may print and/or save this document by using the usual functionalities of the browser (File -> "Save as"). All payments made can also be viewed and archived by You personally in the subscripton section of the user profile page.
Additional data of orders can be archived by waiting for the automatic order receipt confirmation, which is additionally sent to the respective deposited e-mail address after completion of an order. This confirmation contains all data of the order including the link to these Terms and links to other binding legal documents such as the Legal Disclaimers and our Privacy Policy.

§6.1 Payment methods, payment terms and invoicing

Thweis offers the following payment methods to the buyer through external payment service providers Paddle.com:

• Credit card
• Pay pal

In the event of a payment with Paddle, their terms and conditions apply: Paddle Terms of Use.

If a subscription is concluded by You, this is considered as a grant for direct debit mandate. The payment amount and the payment date depend on the subscription plan purchased by You. A detailed description of the respective subscription plans can be found in the online store https://www.tradealyze.com/plans

By accepting these Terms, You agree to exclusively electronic invoicing and electronic transmission of the invoice in accordance with § 14 para. 1 of the German Value Added Tax Act (UStG).

§6.2 Payment due date / default of payment

Unless otherwise specified, payments are due immediately without deduction. The payment period begins with the conclusion of the contract as explained in §4.7 Conclusion of contract. In all other respects, the statutory regulations according to BGB §268 apply.

§9.1 Withdrawal policy for the provision of digital services and software as a service (SaaS):

You have the right to revoke this contract within fourteen days without providing any reasons.
The withdrawal period is fourteen days from the date of the conclusion of contract.
To exercise your right of withdrawal, you must inform us:

Thweis UG (Haftungsbeschränkt)
Zum Lappentascher Hof 36C, 66424 Homburg
Telefon: 015781284978
E-Mail: dbb8b4b5afbab8af9bafb3acbeb2a8f5b8b4b6

of your decision to withdraw from this contract by a clear declaration (e.g. a letter sent by post, fax or e-mail). For this purpose, you may use the enclosed standard revocation form, which is not, mandatory, however.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal
If you revoke this contract, we shall refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most economical standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless explicitly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may withhold refunds until we have removed your access to the Service or until you have removed your access yourself by deleting your user account, whichever comes first

If you want to revoke the contract, please fill out this form and send it back to:

Thweis UG (Haftungsbeschränkt)
Zum Lappentascher Hof 36C, 66424 Homburg
Telefon: 015781284978
E-Mail: dbb8b4b5afbab8af9bafb3acbeb2a8f5b8b4b6

I hereby revoke _____________________(*)

The contract concluded by me for the provision of the following service:

__________________________________

Ordered on (*) / received on (*): __________________________________

Name of the consumer __________________________________

Address of the consumer __________________________________

__________________________________
Signature of the consumer (only in case of notification on paper)

Date: __________________________________

(*) Delete as applicable.

§9.2 Withdrawal policy for the delivery of digital content/products:

You have the right to revoke this contract within fourteen days without providing any reasons.
The withdrawal period is fourteen days from the date of the conclusion of contract.
To exercise your right of withdrawal, you must inform us:

Thweis UG (Haftungsbeschränkt)
Zum Lappentascher Hof 36C, 66424 Homburg
Telefon: 015781284978
E-Mail: dbb8b4b5afbab8af9bafb3acbeb2a8f5b8b4b6

of your decision to withdraw from this contract by a clear declaration (e.g. a letter send by post, fax or e-mail). For this purpose, you may use the enclosed standard revocation form, which is not, mandatory, however.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal
If you revoke this contract, we shall refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most economical standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless explicitly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the sooner.
We will pick up the goods. You must return or hand over the goods immediately and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract to us. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods. We will pick up the goods at our expense.

If you want to revoke the contract, please fill out this form and send it back to:

Thweis UG (Haftungsbeschränkt)
Zum Lappentascher Hof 36C, 66424 Homburg
Telefon: 015781284978
E-Mail: dbb8b4b5afbab8af9bafb3acbeb2a8f5b8b4b6

I hereby revoke __________________________________(*)

The contract concluded by me for the provision of the following service:

__________________________________

Ordered on (*) / received on (*): __________________________________

Name of the consumer __________________________________

Address of the consumer __________________________________

__________________________________
Signature of the consumer (only in case of notification on paper)

Date: __________________________________

(*) Delete as applicable.

§10.1 Copyright Infringement

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Material or Content accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting a written notification (a so called “DCMA Notice) to our copyright agent (designated below) in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millenium Copyright Act (17 U.S.C. §512)(“DMCA”).
Copyright Agent:

Thweis UG (haftungsbeschränkt)
Zum Lappentascher Hof 36C
66424 Homburg
dbb8b4b5afbab8af9bafb3acbeb2a8f5b8b4b6

A User shall adhere to the following DMCA procedure for any copyright infringement claims. First a User shall provide Our copyright agent with the following information in written or textform (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Upon receipt of a notification, Thweis will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

§10.2 User generated Content

Certain features of the Service may permit You to submit, upload, publish, broadcast, or otherwise transmit Content to or via the Service. You retain any copyright and other proprietary rights that You may hold in the Content that You post to the Service subject to the licenses granted in these Terms.

§10.3 Limited license grant to Thweis

By adding Content to or via the Service, You grant Thweis a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, worldwide right and license to host, store, use, distribute, transfer, publicly display, publicly perform, communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute to Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed without resistrictions.

You also assign all rights, title and interest in any Feedback or ideas You provide Thweis. If for any reason such assignment is ineffective, You agree to grant Thweis a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

All bug or error reports, feedback, photos, videos, audio clips, audiovisuals, other media, comments, or ideas the Tester of Beta Products submits to Thweis about Confidential Information will be considered “Ideas”, and Thweis will have the right to use and disclose such Ideas to the same extent as other Ideas the Tester submits.

§16.1 Special note for customers from the United States of America (USA)

In the USA the economic threshold is referred to as economic nexus. This threshold is not standardized and differ from state to state. Once We establish an economic Nexus We are obliged to remit indirect tax to the appropriate tax authority. However the sales tax rate is highly individual and differs from state to state as well, in addition there are states who do not raise any sales tax on state level but could still raise sales tax on community level. Moreover, if we sell Our Service to Customers in states who do not raise sales tax or where we did not reach the economic nexus threshold, the Customers themselves could have a legal obligation to pay a use tax if the state has special notice and report laws in place. Use tax is a sales tax replacement on purchases made by a customer outside of their residence that have not been subject to tax in the state where the purchases were made.

§18.1 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

§18.2 Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.