Finanzoo GmbH provides a subscription service that allows our members to access fundamental analysis of stock market shares.
§ 1 Membership
Your Finanzoo GmbH membership will continue month-to-month until terminated. To use the Finanzoo GmbH service you must have Internet access and a Finanzoo ready device, and provide a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). Unless you cancel your membership before your monthly billing date, you authorize us to charge your next month's membership fee to your Payment Method (see "Cancellation" below). You can find specific details regarding your Finanzoo GmbH membership by visiting our website and clicking on the "Account" link available at the top of the pages of the Finanzoo.de website.
§ 2 Free Trials
(1)Your Finanzoo membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service.
(2) Free trial eligibility is determined by Finanzoo GmbH at its sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Finanzoo membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Finanzoo membership to determine eligibility. For combinations with other offers, restrictions may apply.
(3) We will charge your Payment Method for your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, visit our website and click the "Billing details" link on the "Account" page.
§ 3 Billing
(1) Billing Cycle. The membership fee for the Finanzoo service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month.
(2) Payment Methods. You can change your Payment Method by visiting our website and clicking on the "Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to continue charging the updated Payment Method, and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For some Payment Methods, the issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
(3) Cancellation. You can cancel your Finanzoo membership at any time, and you will continue to have access to the Finanzoo service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or unwanted Finanzoo content. To cancel, send an email to firstname.lastname@example.org or a letter to Finanzoo GmbH, Moltkestr. 15, 90429 Nürnberg.
If you cancel your membership, your account will automatically close at the end of your current billing period.
(4) Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 7 days following notice to you.
§ 4 Finanzoo Service
(1) You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Finanzoo service. Minors may only use the service under the supervision of an adult.
(2) The Finanzoo service and any content used through the service are for your personal and non-commercial use only. During your Finanzoo membership we grant you a limited, non-exclusive, non-transferable, license to access the Finanzoo service and use Finanzoo content. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
(4) The quality of the display of the Finanzoo content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
(5) The Finanzoo software is developed by, or for, Finanzoo and is designed to enable using of Finanzoo content through Finanzoo ready devices. The Finanzoo software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Finanzoo and related third-party software.
(6) Finanzoo GmbH does not provide any advice regarding investment decisions of its users and does not recommend to buy or sell any shares or financial products.
§ 5 Passwords & Account Access
The member who created the Finanzoo account and whose Payment Method is charged (the "Account Owner") has access and control over the Finanzoo account and the Finanzoo ready devices that are used to access our service. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Finanzoo ready devices that are used to access the service and not reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Finanzoo or our partners from identity theft or other fraudulent activity.
§ 6 Miscellaneous
(2) Unsolicited Materials. Finanzoo does not accept unsolicited materials or ideas for Finanzoo content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Finanzoo.
(3) Customer Support. To find more information about our service and its features or if you need assistance with your account, please send an email to email@example.com.
(5) Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
§ 7 Customer Service
Please contact us via email. Your request can be answered particularly quickly if you enter your account name and your email address for all inquiries. You can find your account name when you log in to the website www.finanzoo.de with your access data on the top right of the page.
§ 8 Minimum terms, automatic renewal, membership termination
(1) The term of the paid subscription is unlimited and at least one month. The subscription can be canceled at any time with a notice period of four weeks until the end of a full term (see Section 8 (3) of the General Terms and Conditions). Decisive for compliance with the deadline is the receipt of the termination at Finanzoo GmbH.
(2) The membership in Finanzoo can be terminated at least seven days before the expiry of the validity period. The termination can take place - by email or - by letter to Finanzoo GmbH, Maxfeldstr. 69, 90409 Nuremberg.
(3) For the calculation of the contract period, months are not calendar months, but the period from a calendar-specific day of a month to the same day of the following month (e.g. from June 15th to July 15th of the same year). The notice period is also calculated accordingly in accordance with Section 8 (1) of the General Terms and Conditions.
(4) After termination of the paid subscription, the user cannot conclude a new trial membership with Finanzoo GmbH. After canceling the subscription, the user's data will be stored for further 12 months, so that it is possible to log in at any time with the same user data.
§ 9 Termination of the free membership, extraordinary termination
(1) The free membership according to § 2 paragraph 2 of these terms and conditions can be terminated at any time without notice.
(2) The right to an extraordinary termination (free membership and paid subscription) remains unaffected for both contracting parties. The contract can be terminated extraordinarily by the operator without observing a notice period if the member intentionally provides false information when registering and / or later changes to his data or if he repeatedly violates these terms and conditions despite a warning.
§ 10 Liability of the operator
(1) The operator cannot be held responsible for deliberately or negligently incorrect information provided by third parties, which is either made available to the customer directly or which may lead to a distorted picture of the fundamental analysis, but does not have to. In particular, Finanzoo GmbH assumes no liability for the accuracy and completeness of the data supplied or provided by third parties. This applies both to the case of the direct use of this data by Finanzoo customers and the case that this data is used and processed in the fundamental analysis by Finanzoo GmbH.
(2) Furthermore, Finanzoo GmbH is not liable for failures of the service, for which it is not responsible, for example due to force majeure or technical faults on the Internet.
§ 11 Obligations of the Subcriber
(1) The Subscriber assures that the data provided by him in the context of the profile information is true. The contracting parties agree that it is considered a legitimate interest of the operator to check the accuracy of the data provided, if necessary.
(2) The subscriber undertakes not to disclose the data of third parties (including e-mail addresses) as his own. In particular, it undertakes not to provide bank details or third-party credit card details.
(3) The member undertakes to comply with the applicable laws when registering and using www.finanzoo.de.
(4) The member undertakes to treat emails and other messages from Finanzoo GmbH confidentially - insofar as they relate to the contractual relationship - and not to make them accessible to third parties without the author's consent.
(5) Furthermore, each member undertakes not to misuse Finanzoo, in particular:
-do not upload any data that contain viruses (infected software) or upload software or other material that is protected by copyright unless the member has obtained the rights to this software and also the authorization from Finanzoo to use this software to upload to the portal;
-not to intercept Finanzoo emails whose content is not intended for the member;
- Do not pass on logins and personal passwords to third parties or share them with third parties.
(6) Failure to comply with any of the above-mentioned behavioral obligations can lead to immediate termination of membership as well as civil and / or criminal consequences for the member himself. In particular, the operator reserves the right to exclude the member from his service in the event of intentional misuse when registering or using the service.
§12 Prohibition of commercial or business use, prohibition of spamming
The member undertakes to refrain from advertising to other members of Finanzoo in any form for commercial offers, relying on the operator, and not to send any messages or post mail on the Finanzoo website that serves a commercial purpose. This refers in particular to the setting or naming of corresponding links to the other members or to other member accessible services or the sending of emails with reference to the Finanzoo website.
§ 13 Copyrights
The subscriber grants the operator all non-exclusive, spatially unrestricted rights to the posts, comments and other posted content created by him during his membership, including texts, images and videos, for use for the purposes of operating the finanzoo portal. The right to use the content ends when the membership ends. The subscriber assures that the content created and posted by him within the framework of the use of the platform and its use within the framework of the above granting of rights do not violate any copyrights, other rights of third parties or any other right. The subscriber also assures that they will not post any content on the Finanzoo GmbH website as part of their subscription without being authorized to do so in accordance with the relevant copyright regulations.
§ 14 Information on the distance contract
(1) The language available for the conclusion of the contract is German.
(2) The contract text is not saved by the operator and is therefore not accessible to the member after the contract has been concluded. These terms and conditions can be saved at any time or printed out using the print function of the browser (right-click and click the "Print" option).
§ 15 Changes to the general terms and conditions
(1) The operator is entitled to unilaterally change these terms and conditions insofar as this does not affect essential provisions of the contractual relationship, the change is necessary to adapt to developments that were not foreseeable at the time the contract was concluded and which, if not taken into account, would noticeably disrupt the balance of the contractual relationship. Essential regulations within the meaning of these general terms and conditions are in particular those regarding the type and scope of the contractually agreed subject matter and the duration, including the regulations on termination. Regarding changes to the object of performance - in particular the remuneration to be paid for the services provided - reference is expressly made to the regulation under § 15 paragraph 3 and paragraph 4 of these general terms and conditions.
(2) The operator is entitled to change the object of performance insofar as this is necessary for good reason, objectively not putting the member in a worse position compared to the previous object of performance (e.g. maintaining or improving access options, additional access options (e.g. smartphone app)) and there is no significant deviation from the object of performance. A "valid reason" for changing the object of performance within the meaning of these terms and conditions exists, if the object of performance is adapted to technical developments, third parties from whom the operator obtains the necessary advance services for the performance of his services, change their range of services or legal regulations or judicial decisions are a restriction or Make extension of the subject of performance necessary.
(3) The operator is entitled to increase the agreed remuneration within the framework of an ongoing contract if the cost increase occurs in order to pass on increased costs to a member. The right to adjust prices includes, in particular, the case that third parties from whom the operator obtains the preliminary services necessary to provide the services owed under this contract increase their prices. The operator is also entitled to adjust the prices accordingly if the sales tax increases.
(4) Changes to these terms and conditions, the subject of the service and the subscription fee intended changes according to § 15 paragraph 1 to paragraph 3 will be communicated to the member at least one month before they take effect by email to the email address provided by the member . The member has a special right of termination at the time the changes take effect. With regard to price adjustments in accordance with Section 15 (3) of these General Terms and Conditions, however, the special termination right does not apply if the price adjustment does not exceed 5% of the subscription price paid up to the price adjustment and a previous price adjustment was made at least 12 months ago. However, if the member is entitled to a special termination right, the member must exercise this special termination right in writing to Finanzoo GmbH within one month of receiving the notification of the change. If notice of termination is not given within the aforementioned period or in the form mentioned above, the changes will become part of the contract at the time they take effect. The member will be specifically informed of this consequence in the change notification.
§ 16 Final provisions, online dispute resolution
(1) No additional side agreements to the online contract and these terms and conditions were made between the parties. In the event that such ancillary agreements are to be made, they are only effective if they are made in writing and are accepted by both sides as part of the contract. The contractual relationships are subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws provisions are - as far as legally permissible - expressly excluded.
(2) In the event that individual provisions of these terms and conditions should be or become ineffective, the effectiveness of the remaining provisions of these terms and conditions remains unaffected. The ineffective clause of these terms and conditions is then replaced by the statutory provision.
(3) Online dispute resolution in accordance with Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at ec.europa.eu/consumers/odr/. As of June 2020