Good Investing Plus – Terms and conditions

Please find the Good Investing Plus Terms and conditions here:

Preamble

Good Investing Plus is an online community platform for an exchange on the topic of investments. Good Investing Plus also offers individual additional services within the platform.

The following GTC governs the conditions for using the Good Investing Plus online platform.

Relevant provisions

2.1 These Terms and Conditions apply to all contractual relationships in relation to the SaaS service Good Investing Plus, hereinafter referred to as the “Platform”, between the customers, also referred to as “Users”, and the operator of Good Investing Plus (Good Investing UG (haftungsbeschränkt), represented by the Managing Director Tilman Versch, Weigandufer 32, 12059 Berlin), hereinafter referred to as the “Provider”. The terms and conditions also apply if they are not mentioned in subsequent contracts. Contracts with consumers are not concluded.

2.2 The term “service” covers the contractual relationship irrespective of the corresponding type of contract. Upon conclusion of the contract, the user becomes a member of the Good Investing Plus Community and can exchange information on the platform with other users and at events offered. The platform is operated as a web-based cloud solution. The user is enabled to use the platform software stored and running on the servers of the provider or a service provider commissioned by the provider via an Internet connection for their own purposes during the term of this contract and to store, edit and publish their data with its help.

2.3 These terms and conditions also apply in the event of deviating terms and conditions of the user, unless these are recognized by the provider in writing. The validity of conflicting or deviating terms and conditions is excluded, even if the Provider does not expressly object to them or accepts services without reservation.

2.4 Individual agreements as well as ancillary agreements and supplements shall take precedence over the Terms and Conditions, provided they have been recorded in writing.

Paid registration

3.1 Any natural person of legal age or any legal entity – irrespective of its legal form – is entitled to register (take out a paid membership). The use of the services of the platform and participation in events requires such initial registration with the provision of company data or personal data and the allocation of a password. The data requested by the provider must be complete and correct (no P.O. Box or similar). The user receives access to the registration page from the provider after the initial interview. The summary of the services of the provider and the subscription/membership can be seen here. After entering their data and means of payment, the user concludes a contract with the provider for the use of the online community.

3.2 The access password can be changed by the user at any time and must be kept secret at all times. After successful registration, each user receives a user account containing the data provided by the user.

3.3 Each user may only be registered once on the platform. Multiple registrations under different member names are not permitted.

3.4 Violations of the above provisions entitle the Provider to terminate the contractual relationship without notice and to immediately delete the user account, including sub-accounts, from the platform.

Use of the platform/ rights of use of the user

4.1 After registration, the user can view the content on the platform and exchange information with other users.

4.2 In addition, the user can book additional functions or additional services of the platform for a fee. The costs and scope of these additional services are set out in the respective service description at the time of booking. The booking comes into effect when the user completes the booking on the platform and does not require any further confirmation from the provider.

4.3 The Provider is entitled to review content published by the User. The Provider also reserves the right to deactivate or delete content, in particular if it violates applicable law, the Terms of Use, the Community Guidelines or common decency. There is no entitlement to the publication or continued visibility of such content.

By posting content, the user grants the provider a non-exclusive right of use, free of charge, unlimited in time and space, to edit the content and to make it publicly accessible in edited or unedited form, to broadcast it, to distribute it in any other way and to reproduce it. This right of use serves in particular for the intended use within the framework of the website. In addition, the right of use also includes the right to use the content for advertising purposes.

4.4 The information published on the platform and the contributions or information posted by the user as well as product or service presentations do not constitute a binding contractual offer to other users. A contractual relationship between the users or between presented companies and users is always concluded by explicit implied declarations (offer and acceptance). Insofar as a contract is concluded between users or between users and companies, it is expressly pointed out that the contractual relationship in this respect is concluded exclusively between the users, not between the parties and the provider of the platform. The provider is also not responsible for or involved in the communication between the users and their content. The provider is not responsible in any way for the conclusion of a contract or for its content, execution or commercial success and does not act as a representative, messenger or authorized recipient of the parties.

4.5 The content made available on the platform may be subject to copyright. For the term of the contract, the Provider grants the User the non-exclusive, non-transferable, geographically unrestricted right, limited in time to the duration of the user contract, to load the user interface of the Platform for display on the screen into the main memory of the end devices used for this purpose in accordance with the contract and to make the resulting reproductions of the user interface. In particular, the user is not entitled to pass on content or parts thereof to third parties or to provide third parties with access to chargeable content. The content displayed on the platform may be subject to industrial property rights and may only be used in the aforementioned manner. Existing property rights remain with the respective property rights holder. Reproduction, publication or use of the content in electronic form or other printed publications is expressly prohibited. Due to the design of the platform as cloud software, the user is not granted any further copyright usage rights to the platform.

4.6 Automated retrieval of the content provided on the platform is not permitted.

Terms / Termination

5.1 The contract is concluded for a period of one year. The contractual relationship is automatically extended for consumers by one month at a time if the contractual relationship is not terminated. Consumers can terminate the contractual relationship with a notice period of 2 weeks to the end of the respective contract term. For users who are not consumers, the contractual relationship is always automatically extended by one year if the contractual relationship is not terminated. Users who are not consumers can terminate the contractual relationship with a notice period of 4 weeks to the end of the contract term. The same notice periods apply for the provider as for the user.

5.2 The Provider reserves the right to terminate the user relationship with immediate effect and/or to block the profile and/or company pages and/or the user account in the event of good cause, in particular in the event of violations of laws, these GTC and other contractual obligations, default of payment or in the event of disruptions, misuse or damage to the reputation of the Platform. This does not release the user from any existing payment obligation. The Provider is not obliged to refund payments already made in such a case.

5.3 Upon termination of the contract, the Provider shall be entitled to irrevocably delete the User’s user account. Personal data which are in the Provider’s own interest shall remain unaffected by this in order to render account to third parties, in particular authorities. The content transmitted to the provider during the contractual relationship may be stored by the provider for 3 years until the end of the year. After that, it is obliged to delete it.

Remuneration / Terms of payment

6.1 Payment of the agreed remuneration shall be made in advance of the contract term.

6.2 The fees are due from the date of invoicing. When using the payment service providers offered, their general terms and conditions and data protection provisions also apply. The user is automatically in default without the need for a further reminder if the invoice is not settled within 14 days of the due date.

6.3 Default interest shall be calculated at 9 percentage points above the base interest rate for legal transactions in which consumers are not involved. Interest on arrears shall be set at a higher rate if the supplier can prove that a higher interest rate has been charged. The provider’s claim under Section 288 (5) BGB remains unaffected by this.

6.4 The Provider is free to charge the User an expense allowance of EUR 5.00 for each reminder issued. This shall apply irrespective of any default by the User for the first reminder and for each subsequent reminder in the same matter.

6.5. The invoice shall be sent by e-mail. If the user requests a postal invoice, 5.00 euros net per invoice will be charged.

6.6. In the event of a justified extraordinary termination by the Provider or a justified blocking of the profile and/or company pages and/or the user account, this shall not release the User from his obligation to pay. The user shall not be entitled to a refund of the remuneration for the period of the blocking or for the period after the termination. Likewise, the user is not entitled to a refund of the fee if he himself deletes his profile and/or company pages and/or the user account.

Special obligations of the user

7.1 The user must set a password to access their user account. The user account may only be used by the user personally. He may not pass on the access data to third parties and must ensure that third parties do not gain unauthorized access to his user account by using insecure passwords (less than 8 characters and without numbers and special characters) or by storing or otherwise securing them. He is responsible for all activities associated with his user account. In addition, the user is responsible for updating their contractual data in their user account if this changes during the course of the contractual relationship.

7.2 It is prohibited to use mechanisms, software or other scripts in connection with the use of the platform that impair the functionality or accessibility of the platform or to change, delete or overwrite content created and managed by the provider.

7.3 The user undertakes not to violate applicable legal provisions and any contractual provisions when using the platform and appearing at events. Users are responsible for the content they publish on the platform or during community events. In particular, it is prohibited to publish false, untruthful, misleading, anti-competitive or unlawful content, as well as content to which the user has no exploitation rights, or otherwise violate the rights of third parties (e.g. copyrights, patent and trademark rights). It is also prohibited to publish or disseminate content that is political, religious, grossly offensive, pornographic or sexual, harmful to minors, extremist, glorifies or trivializes violence, glorifies war, promotes a terrorist or extremist political association, incites a criminal offence, contains defamatory statements, is offensive or unsuitable for minors. Furthermore, the user is prohibited from communicating or publishing insider information, anti-trust or anti-competitive information or information relevant to the share price. The user is obliged to keep the data published by him on his profile up to date and to update it immediately in the event of any changes. Should a business be closed down, the user is obliged to delete the entire user account. This does not release the user from his obligation to pay and the provider is not obliged to refund any payments already made.

7.4 The User is obliged to inform the Provider of any unusual activities, in the event of unauthorized access or suspicion of unauthorized access, and to change the password used immediately.

Special rights of the provider

8.1 The Provider may make the use of the Platform or individual functions and access to Community events subject to certain conditions, such as verification of registration data, duration of use, payment history, or the presentation of certain proofs (e.g. proof of identity, proof of purchase, proof of payment or proof of ownership). In particular, the provider may block the activities of a user under certain conditions and make them dependent on further conditions such as prior verification or the investigation of complaints.

8.2 In the event of abusive or unlawful behavior on the part of the User and in the event of a breach of the contractual conditions, guidelines or applicable law by the User, the Provider reserves the right, following a reminder from the Provider to the User to cease such behavior, to deactivate the respective User account after notification until the situation has been clarified, or to delete it following extraordinary termination membership. In such a case, blocking shall not result in the user’s payment obligation ceasing to apply. In urgent cases, the Provider is entitled to waive the prior reminder in order to avert corresponding damage. Users have the opportunity to object to this measure by contacting the Provider within 14 days of receipt of the notification. The Provider shall review the objection and provide the User with written feedback on the decision.

8.3 The Provider is entitled to display advertising for its own and third-party services on all pages of the Platform, unless otherwise contractually agreed. The Provider reserves the right to change the appearance, structure and functionality of the Platform and its subpages at any time without the User’s consent or to enable the use of functions only under certain conditions, provided that this does not reduce the contractually owed services.

8.4 The Provider is free to decide how, where and whether individual posts, profile and/or company pages are arranged on its site or displayed or suggested to other users, unless otherwise contractually agreed. It should be noted that the display of posts, profile and/or company pages does not allow any conclusions to be drawn about the quality of the users.

8.5 The User grants the Provider the right to reproduce the data to be stored by the Provider for the User for the purposes of contract performance, insofar as this is necessary for the provision of the services owed under this contract. The Provider is also entitled to store the data in a failure system or separate failure data center. The Provider is also entitled to make changes to the structure of the data or the data format in order to eliminate faults.

8.6 The Provider shall regularly back up the User’s data on the server for which the Provider is responsible to an external backup server. The User may save this data at any time for backup purposes and is obliged to do so at regular, customary intervals.

8.7 Upon termination of the contract, the Provider shall be entitled to irrevocably delete the User’s user account. Personal data which are in the Provider’s own interest shall remain unaffected by this in order to render account to third parties, in particular authorities. The content transmitted to the provider during the contractual relationship may be stored by the provider for 3 years until the end of the year. After that, it is obliged to delete it.

8.8 The Provider is entitled to amend these GTC unilaterally at any time if serious reasons – which cannot be influenced by the Provider – make this necessary, which lead to an unforeseeable change in the contractual equivalence relationship and therefore require an amendment, taking into account the interests of the contractual partner. Changes are only possible insofar as they do not unreasonably disadvantage the user or violate good faith. The user shall be informed of an amendment 6 weeks in advance by e-mail, stating the content of the amended provisions. This e-mail shall contain the amended GTC as well as a reference to the right of objection, the objection period and the consequences of failure to object. The amendment shall become part of the contract if the User does not object to its inclusion in the contractual relationship in writing or text form within 14 days of receipt of the notification of amendment. Upon expiry of this period, the GTC shall become valid for the User. GTC of the previous version lose their validity after expiry of the approval period.

Liability/disclaimer

9.1 The Provider is liable exclusively for the provision of the Platform and, if applicable, for additional services purchased by the User from the Provider within the scope described here.

9.2 The content provided on the platform or during events is for information purposes only and does not guarantee that it is up-to-date, correct or complete. This also applies to price information (price information is displayed with different time delays depending on the exchange selected). The provider therefore does not guarantee any commercial success and assumes no warranty or liability, in particular not for direct or indirect damages arising from the use of the content. The content made available on the platform does not constitute a recommendation, valuation, recommendation to buy or sell, solicitation or offer by the provider to buy or sell securities or to participate in any strategies. Likewise, the content is not to be considered investment advice or any other form of personal recommendation to buy, sell or other transactions and cannot replace advice that takes into account the personal circumstances of the respective investor individually and specifically.

9.3 The Provider does not owe any financial analyses and does not provide any independent financial analyses. Insofar as content contains financial analyses or research products, these are products of third parties and are made available by the Provider without significant modification and without their content being reviewed. The respective author is responsible for the content. It should be noted that the opinions expressed herein represent only the personal assessment of the author at a specific point in time. These opinions may also change at any time. Any liability of the analyst/author or the institutions commissioning him/her for direct or indirect damages is excluded.

9.4 The provider also assumes no liability for communication between users or contributions in discussion forums or for the legality, accuracy and completeness of the content posted by the user. The respective users themselves are responsible for this. It should be noted that the dissemination of false facts with the aim of manipulating stock market prices may be punishable under criminal law. The provider does not check the individual contributions for their accuracy or truthfulness.

9.5 The Provider shall only be liable for further claims and rights in the event of intent and gross negligence in accordance with statutory provisions. Claims for damages in tort are excluded unless the damage was caused intentionally or by gross negligence. In the event of slight negligence, the Provider shall only be liable for breach of a material contractual obligation or in the event of default or impossibility. Liability for slight negligence, tort and compensation for futile expenses shall only apply to damages that are foreseeable and typical. Liability for loss of profit, for damages arising from third-party claims against the provider and for other consequential damages is excluded. The aforementioned limitations of liability also apply to the actions of vicarious agents of the provider. Liability for culpable injury to life, limb or health as well as mandatory liability provided for by law shall remain unaffected by the aforementioned limitations of liability.

User data and indemnification against third-party claims

10.1 Users are responsible for the content they upload to the Platform. The Provider does not actively take note of the content of its Users and does not actively check the content shared by Users on the Platform or during events.

10.2 The User undertakes vis-à-vis the Provider only to post content to which he/she has the exploitation rights, not to publish any content prohibited under No. 7.3. of these GTC and not to use any programs/files containing viruses or other malware in connection with the use of the Platform. In particular, he undertakes not to use the platform or events offered to offer illegal services or goods or religious or political offers.

10.3 In this context, the User undertakes to indemnify the Provider against any liability and any costs, including possible and actual costs of legal proceedings, if claims are asserted against the Provider by third parties, including by employees of the User personally, as a result of alleged acts or omissions by the User. The Provider shall inform the User of the claim and, insofar as this is legally possible, give the User the opportunity to defend against the asserted claim . At the same time, the user shall immediately provide the provider with all available information about the facts that are the subject of the claim.

10.4 The User shall indemnify the Provider against all claims asserted by other Users or other third parties against the Provider due to the infringement of their rights by the User’s services or other transmitted content or information. This shall not apply if the Provider is responsible for the infringement.

10.5 Further claims for damages by the provider remain unaffected.

Availability

11.1 The Provider shall make the Platform available to the User via its website (cloud software). Therefore, the User requires an internet-enabled device, a browser installed on it and an internet connection to use the Platform. The current version of the platform made available for use at the router exit of the data center where the server with the platform software is located (“transfer point”). The user is responsible for the stability of the Internet connection. The display quality of the digital content may also vary from device to device and may depend on the speed of the user’s internet connection and other factors. In this respect, the provider cannot be held liable for deviations.

11.2 For technical reasons, uninterrupted availability of the digital content cannot be guaranteed. Availability may be impaired, for example, by regularly necessary maintenance and security work, but also by unforeseen events beyond the Provider’s control. Planned work that leads to an impairment of availability shall be carried out by the Provider, as far as possible, during low-traffic periods.

11.3 The Provider guarantees an availability of 95.0% per year for its services offered via the Internet. Availability is given if the servers and services are essentially operational. The following circumstances shall not be deemed to be operational disruptions:

• interruptions in accessibility due to disruptions in the area of third parties over which the provider has no influence (e.g. server maintenance work)
• Interruptions due to force majeure
• Short-term interruptions to operation that are necessary to prevent or avoid specific risks due to possible misuse by third parties (so-called exploits) (e.g. through updates)

11.4 The User is obliged to notify the Provider immediately and as precisely as possible of any functional failures, malfunctions or impairments of the Platform. If the User fails to do so, Section 536c BGB shall apply accordingly.

11.5 If the User suffers damage as a result of the loss of data, the Provider shall not be liable for this if the damage could have been avoided if the User had regularly and completely backed up all relevant data. The User shall carry out a regular and complete data backup himself or have it carried out by a third party and shall be solely responsible for this.

Risk warnings

12.1 The contents of the Provider, in particular the information and products on the Provider’s platforms, are expressly not directed at persons in countries in which the provision and/or access of the contents posted therein is prohibited. Each user is responsible for informing themselves about any legal restrictions before accessing the platforms and for complying with them.

12.2 The content and products made available and accessible on the Provider’s platforms (such as stock, market and company analyses, stock exchange, economic and financial information, for example on prices, indices, securities accounts, watch lists, articles on companies, etc.) are for information purposes only. The provider does not provide any financial services via the banking system or the Securities Trading Act and does not offer any securities services. The use of the content, information and products is at the user’s own risk.

12.3 The Provider’s content and products do not constitute general or individual investment or securities advice, nor do they constitute investment recommendations. In particular, the content and products do not constitute an invitation or recommendation to buy, hold or sell financial instruments, securities or derivative financial products. They do not constitute an individual advisory or information relationship and are no substitute for legal, tax or other advice.

12.4 The Provider’s content and/or products do not require the User to make any declaration or take any action. Even if the Provider’s content and products are perceived as a request, the Provider is not responsible for the User’s actions or declarations.

12.5 The provider assumes no liability for the accuracy, timeliness, value or completeness of the content and products provided. No warranty or guarantee is assumed. In particular, liability for damages caused by actions or statements of the user based on the content and products of the Provider is excluded. This applies in particular to financial losses.

12.6 The acquisition of securities is associated with risks that can lead to the total loss of the capital invested. Before making an investment decision, the user should obtain comprehensive information about the opportunities and risks of the investment. The provider’s content and products are no substitute for individual advice tailored to the user’s financial needs. Relevant information, such as securities and issue prospectuses, can be requested directly from the respective issuers.

12.7 Information on historical performance and forecasts of potential future performance of financial products or indices are not reliable indicators of actual future performance. Forward-looking statements inherently involve risks and uncertainties. Actual performance and results may differ materially from those in forward-looking statements due to known and unknown risks, uncertainties and other factors. Past positive performance is no guarantee of future positive performance. The content and products of the provider do not represent any assurances with regard to specific price developments.

12.8 Insofar as price information is provided on the Provider’s platforms, it is displayed with a time delay, depending on the respective regulations of the stock exchanges. All price information is provided without guarantee, and claims against publishers or rights holders of this price information are excluded.

Dispute resolution

General information obligation for alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 35 VSBG (Verbraucherstreitbeilegungsgesetz):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: https://ec.europa.eu/consumers/odr/. The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final provisions

14.1 The contract concluded between the Provider and the User shall be governed exclusively by the law of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods. The contract language is German. A contract text is stored and can be issued to the user at any time.

14.2 Insofar as the provider is not a consumer domiciled within the EU, the place of jurisdiction is the registered office of the provider.

14.3 Should individual provisions of this contract prove to be invalid or unenforceable in whole or in part or become invalid or unenforceable as a result of changes in legislation after conclusion of the contract, the remaining provisions of the contract and the validity of the contract as a whole shall remain unaffected, unless one of the contracting parties is unreasonably disadvantaged by this.