Terms & Conditions
General Terms and Conditions and Terms of UseSection 1 Scope and Contracting Parties
(1) These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") govern the use of the investment research application chart01 (hereinafter referred to as the "App") and all services associated therewith.
(2) The provider of the App and your contracting party is:
chart01/ DR Capital GmbH
Rue Michel Lentz 11 A
6944 Niederanven
Luxembourg
info@chart01.com
(3) Contracting parties within the meaning of these Terms and Conditions may be both consumers (retail investors) within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) and entrepreneurs (professional investors) within the meaning of Section 14 BGB (hereinafter collectively referred to as the "User").
Section 2 Subject Matter of the Contract and Scope of Services(1) The provider makes available to the User via the App platform services, market data, financial analyses, research reports, and informational tools (hereinafter referred to as "Content").
(2) Depending on the selected model, the Content is provided either free of charge or as a paid premium subscription. The exact scope of services is determined by the current product description in the respective App Stores or on the provider's website.
(3) The provider shall be entitled to modify, expand, or discontinue the Content and functionalities of the App at any time, provided that this is reasonable for the User, taking into account the mutual interests of both parties.
Section 3 Registration and Conclusion of the Contract(1) The use of certain features of the App requires the creation of a user account. Registration is completed by filling out the electronic registration form within the App.
(2) By completing the registration process and clicking the corresponding confirmation button, the User submits a binding offer to enter into a user agreement. The contract is concluded when the provider confirms the registration via email or activates the account.
(3) There is no legal entitlement to the conclusion of a user agreement.Section 4 IMPORTANT NOTICE: NO INVESTMENT ADVICE (DISCLAIMER)(1) The User expressly acknowledges that all content, analyses, data, and reports provided in the App serve solely for general informational and educational purposes. Under no circumstances do they constitute investment advice, tax advice, or legal advice.
(2) The Content is not tailored to the individual financial circumstances, risk tolerance, knowledge, or experience of the specific User. Under no circumstances does it replace professional advice tailored to personal circumstances by a credit institution or a certified investment advisor.
(3) Trading in financial instruments involves substantial risks, up to the total loss of the invested capital. Users act entirely at their own risk and peril when making any investment decisions.(4) In addition, the provider's full Legal Disclaimer shall apply, which forms an integral part of this contract.
Section 5 Rights of Use and Commercial Exploitation(1) The provider grants the User a simple, non-exclusive, non-transferable right, limited to the term of the contract, to use the App and its Content for their own purposes.
(2) For Consumers (Retail Investors): The use is permitted exclusively for private, non-commercial purposes.
(3) For Entrepreneurs (Professional Investors): The use is permitted for internal business purposes. Any form of commercial redistribution, publication, sublicensing, or provision of the Content to third parties (e.g., clients or customers of the User) is strictly prohibited without the express prior written consent of the provider.
Section 6 Paid Subscriptions (Premium Services)(1) If the User concludes a paid premium service (subscription), the prices and billing cycles specified in the respective App Store (Apple App Store / Google Play Store) or by the payment processor shall apply.(2) Billing and payment processing are handled directly via the infrastructure of the respective App Store operator. In this regard, the terms and conditions of the respective App Store shall apply additionally.(3) Subscriptions renew automatically for the respective billing period booked, unless they are canceled via the settings of the respective App Store prior to the expiration of the current billing cycle.Section 7 Limitation of Warranty(1) The provider assumes no warranty or guarantee for the accuracy, completeness, timeliness, temporal precision, or commercial viability of the data and analyses provided.
Section 7 Limitation of Liability (2) The provider shall be liable without limitation for damages resulting from injury to life, body, or health caused by a intentional or negligent breach of duty by the provider.(3) For any other damages, the provider shall only be liable if they are based on an intentional or grossly negligent breach of duty by the provider or on the breach of an essential contractual obligation (cardinal obligation). In the event of a breach of a cardinal obligation, liability shall be limited to the foreseeable damage typical for this type of contract.
(4) Any liability for financial losses or lost profits incurred by the User due to investment decisions made based on the App's Content is excluded to the extent permitted by law.
Section 8 Right of WithdrawalInstructions on Withdrawal
Right of Withdrawal
You have the right to withdraw within 14 days without reason. The period expires 14 days from contract conclusion. To exercise this right, notify
DR Capital GmbH
Rue Michel Lentz 11 A
6944 Niederanven
Luxembourg
email: info@chart01.com
via an unequivocal statement (e.g., mail or email). To meet the deadline, it is sufficient to send the notification before the period expires.
Effects of Withdrawal
We will reimburse all payments received, without undue delay and no later than 14 days from the day we are informed of your decision, using the same means of payment as the initial transaction, unless otherwise agreed.
Premature Expiry of the Right of Withdrawal
The right of withdrawal shall expire prematurely for digital content not on a tangible medium if performance has begun with the consumer’s prior express consent and acknowledgment that they lose their right of withdrawal.
Section 9 Final Provisions
(1) This contract shall be governed by the laws of the Grand Duchy of Luxembourg, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
(2) If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the competent courts of Luxembourg City, Grand Duchy of Luxembourg.