All offers and utilisations of services as well as contractual relationships with the Att Trading Signals UG (later in here referred to as ATT) are subject to these terms of service. These terms of service are binding for the user as soon as he/she has agreed to them. If a subscription for the services of ATT via the reseller Digistore24 is concluded after the agreement, the present terms of service apply complementary to the applicable terms of Digistore24 if not contrary to these terms of service. This applies to all regulations, especially to Sec. 2 and 8 – 11 of these terms of service, which are to be considered a product-specific usage terms for byers according to the terms of Digistore24. Differing terms of the user will not be accepted by ATT. Those only apply if ATT has explicitly agreed to their validity in writing.
2. Subject of contract, service description
ATT offers information about exchange trading of stocks, currencies and so on on the website www.att-signals.com, its related sub-websites as well as in contents transmitted within the scope of subscriptions. Regardless of their form of transmission, these contents only serve informational purposes. All contents are only agreed subject of contract concerning their informational value, regardless of their exact or ambiguous meaning. The contents should not be used to completely or partially replace the user's or third party's investment decision. The main information represents signals for exchange trading of securities like stocks, currencies and financial products. Especially those main information are exemplary excerpts and situations taken from the individual, not directly or indirectly to-be-duplicated process of an own individual investment decision finding of the agent for him/herself.
b) No trading invitation, brokerage, consultancy, recommendation, financial service
The provided information do neither represent an invitation to purchase, keeping or sale of stocks or other financial instruments/ products nor do they serve the purpose of brokerage of such. No individual consultancy or advisory relationship will be founded. All contents do not serve individual or general legal-, tax-, investment- or other advice and are also not suitable to replace such. In addition, no individual or general investment recommendation as well as other financial service will be provided. The use of the informational services of the ATT especially for this purpose is not contractually agreed upon and will be considered as use contrary to the contract. Any use for the purpose of own investment decision take place under exclusion of liability of the ATT.
c) Self-contained investment decision
Any use of the contents for making a financial decision remains a self-dependent and self-contained investment decision of the user or third parties. This also applies to any other decisions in a financial context. In this context, a prior individual investment- and investor-friendly consultation is recommended.
3. Contract conclusion and begin of performance
The signal service is provided as a subscription. The contractual language is German. The description of the signal service on the website represents a non-binding proposition towards the user to make an offer. By ordering the subscription, the user makes an offer towards ATT to conclude a subscription contract for the signal service. After placing the order the user receives an order confirmation which does not yet represent an acceptance of the offer. If ATT offers a free-of-charge test period of 14 days before the begin of the subscription period, the subsequent, chargeable contractual subscription period with the desired contractual term does not begin without an additional declaration of intent towards ATT or a reseller associated with ATT. Mandatory precondition for the contract conclusion is the acceptance of these terms of service by the user. The offer is not valid until explicit acceptance by ATT or until dispatch of the login data. Within the free-of-charge test period, ATT non-bindingly provides services without title to completeness. After expiry of the test period the user's right towards the service expires unless a chargeable subscription is concluded. There is no legal right to an additional free-of-charge test period. Without concluding a subscription, ATT reserves the right to block the access registration to the website of ATT. The begin of performance of the entire service requires complete payment.
4. Prices and services
The price is as agreed upon on contract conclusion including statutory VAT. Prices are single payments valid for the agreed minimum contractual term. Based on No.2 of these terms of service, the service description displayed on the website applies to the exact scope and content of the offered services.
5. Contractual term
Beginning with the receipt of complete payment, the respective contractual terms specified in the subscription contract apply. If a minimum contractual term is set, the contract extends to another minimum contractual term after expiry of the minimum contractual term, maximum one year, unless one party cancels the contract in writing (by Email or letter) not later than four weeks before expiry of the minimum contractual term, the extended term respectively. The cancellation of the contract before expiry of the minimum contractual term is generally not possible. In individual cases ATT reserves the right to cancel the contract prematurely. A legal entitlement to this is not existent. The right of the contractual parties to cancel extraordinarily due to important reason remains unchallenged. On effective cancellation the contractual relationship ends. During the free-of-charge test phase, a right to cancel without notice and necessity to state reasons exists at any time. The user is not allowed to use his/her access anymore. ATT reserves the right to block the log-in data (user name and password) on effective cancellation.
6. Withdrawal, withdrawal instructions
If applicable, the user is legally entitled to exercise the right withdrawal about which ATT informs as follows:
Right to withdrawal
You have the right to withdraw from this contract within 14 days without giving reasons. The withdrawal period is 14 days beginning with the day of the contract agreement. To exercise your right to withdrawal you need to send us:
an explicit declaration (e.g. by letter, fax or e-mail) informing us about your decision to withdraw. You are free to use the withdrawal form. This form will be delivered as an attachment of the e-mail that contains the acceptance of your offer. To comply with the withdrawal deadline, it is sufficient to send off us a notification about your exercise of the right to withdraw before expiry of the withdrawal deadline.
Consequences of withdrawal
If you withdraw from the contract, we are to refund all received payments immediately, latest within 14 days after receipt of your withdrawal declaration, including shipping costs (additional costs for self-chosen delivery methods, others than our suggested standard method, are excluded). Those refund payments take place in the same way the original payment was carried out, unless other methods of payment are explicitly agreed upon with you. In no case fees for refund payments will be charged. If you ordered the service to begin during the withdrawal period, you are to pay a reasonable sum in the proportion of the already performed service compared to the entire scope of the service agreed upon in the contract up to the moment of informing us about the exercise of the right to withdrawal.
7. Due date, invoice, payment
The price for the respective contractual period of the signal service is to be paid immediately in advance, latest within 14 days after receipt of invoice as well as receipt of payment method instruction. The issuance of invoice and final information concerning the method of payment takes place by Email.
Generally, the legal warranty regulations apply as follows: Statements and explanations of services of the ATT exclusively represent a description of the character only, not a guarantee or assurance of a certain quality. Statements about the contractual object only represent a guarantee or assurance in the legal sense, if those are explicitly labelled as such. The contents are compiled with care. However, a guarantee for correctness, accuracy and completeness cannot be taken over. Evaluations reflect the opinion of the originator at the time of compilation. Contents concerning future exchange rate development of financial instruments do not include a guarantee for the correctness of such exchange rates and their development as well as possible profits. The accuracy, completeness, timeliness and correct order of third-party contents cannot be guaranteed.
a) General liability
ATT, their legal representatives and vicarious agents are only liable in case of harm to life, body and health or in case of violation of essential contractual duties (cardinal duties), e.g. such duties whose fulfilment make the orderly execution of the contract possible in the first place, on whose adherence the user can generally trust and whose violation jeopardises the achievement of the contractual purpose for the other party. Further, ATT is liable for damages resulting from the lack of assured qualities as well as for damages resulting from gross negligent violation on duties on side of ATT, their legal representatives or vicarious agents. On violation of essential contractual duties by ATT, the liability is limited to the foreseeable damage typical for the contract if caused by slight negligence, unless claims result from harm to life, body and health. Further-going claims to compensation of the user are excluded. The rules of the German Product Liability Act remain unchallenged.
b) Infringement of contract
A further-going use of contents beyond the informational purpose represents an infringement of contract and take place at own risk without constituting liability of ATT.
c) Loss of data
Damages suffered by user resulting from loss of data do not constitute liability of ATT, regardless of possible involvement as far as those damage could have been prevented through appropriate, regular and complete saving of all relevant data by the user.
ATT do not assume liability for external links. For the contents of linked websites the operators of such are solely responsible. Liability of ATT for the contents of such websites is excluded as far as permitted by law.
10. Commercial ancillary copyright, prohibition of transfer and commercial use, contractual penalty
The website including the entire basic software and data bases as well as the contents transmitted within the scope of the contract are subject to copyright law. By granting the use of the contents, those copyrights will not be waived. Website and contents may only be used in the way determined by ATT. This especially applies to the retrieval of contents generated on the website via the data base. Skimming or spying out the data base is prohibited. Also an automated access to the contents of the data base is not allowed. Chargeable contents may only be used by contractual partners for personal, private use. Analogue, digital or other kinds of duplication, copying, re-designing, transmission, dispatch, publishing or use of chargeable contents is also prohibited. Further, the commercial use of the website as well as all contents in association with third parties is prohibited. In every case of culpable violation against the before mentioned prohibitions, a contractual penalty of 5,000 EUR is agreed upon. The summary of individual cases to a legal unit is excluded (exclusion of continuation of offence). The contractual penalty will be off-set with enforceable claims. The penalty regulation does not exclude the assertion of further claims of the ATT.
11. Risk note
The contents which the user can obtain from ATT are explicitly not addressed to persons in countries that prohibit the display and/or access of such contents, especially not to US residents with respect to the US Securities Act from 1933 as well as persons in Canada and Japan. Every user is solely responsible to inform himself/herself about possible limitations before retrieving the website and concluding the contract and is to comply with such. From a positive value development of a financial instrument in the past, no conclusion can be drawn for future benefits. Any investment in financial instruments is with risk. Due to political, economical or other changes or events, significant exchange rate losses may occur, in the worst case, even a total loss of the invested capital or – for certain financial instruments – capital which exceeds the amount of the originally invested capital. Before making investment decisions, the user should profoundly inform himself/herself about chances and risks of a financial instrument.
12. Change of terms of service
ATT reserves the right to change the present terms of service and use at any time with future effect. As far as ATT changes the terms of service and use after the user has firstly accepted them, the new terms apply not until the user's acceptance. The changed terms are considered as accepted if the user continues using the offers and services of ATT after obtaining knowledge about the changes.
13. Final regulations
As far as the user is a salesman, a legal entity under public law or if the buyer has no general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes resulting from contractual relationships between the user and ATT is the company residence of ATT. In all other cases ATT as well as the user may file the claim with any court competent according to the law. Changes and amendments require written form. The written form requirement may only be waived by written agreement between the parties. German law applies under exclusion of CISG law. If the customer is a consumer, consumer protection regulations of that country obligatorily apply, in which the customer has his/her usual place of residence as far as those regulations offer further-going protection. If a single regulation becomes invalid, the legal validity of other regulations remains unchallenged. The invalid regulation is to be replaced with initial legal effect by a valid regulation which is in conformity with the intended purpose of both parties and feasible with respect to its content. The contractual language is German. In case of doubt, the wording of the German version of these terms of service and all other contractual agreements applies. ATT does not assume liability for the correctness of translations.