General Terms and Conditions

1. Scope of application

1.1 These General Terms and Conditions (GTC) apply to all legal transactions between Financial Dynamics GmbH (hereinafter “Provider”) and its customers. They do not apply to the use of websites that are under the control of third parties that are not affiliated with the Provider and to which the Provider's website is linked.

1.2 These GTC are binding for all users of the Provider's products. By using the products, the customer accepts these GTC and undertakes to comply with them. The GTC are an integral part of every contract concluded (in particular every subscription concluded) between the Customer and the Provider, unless otherwise agreed.

1.3 References to persons apply equally to all genders and to a plurality of persons. 

2. Subject matter of the contract

The customer purchases a selected service from the provider in accordance with the subscriptions offered and the services described therein.

3. Registration and terms of use

3.1 In order to register with the Provider, it is assumed that the Customer, if a consumer, is a natural person over the age of 18 with unlimited legal capacity, and if a company, regardless of its legal form, is registering, that the person registering is also authorized to represent it. It is also mandatory to provide the customer's contact and address details for registration with the provider. The customer is obliged to provide the personal data and addresses requested by the provider completely and correctly (no P.O. Box or similar) and to ensure that they are correct.

3.2 Registration with the Provider is free of charge. Registration shall only take place if the Customer first accepts the binding nature of these GTC. There is no entitlement to registration.

3.3 In order to register, the customer must provide their e-mail address and choose a password. The access password can be changed at any time and must be kept secret at all times. After successful registration, the customer will receive a member account containing all relevant data for using the platform.

3.4 A customer may only register once. Multiple registrations under different names are expressly prohibited. Member accounts are not transferable to other persons. They may also not be used by other persons, e.g. by passing on the password.

3.5 Violations of the aforementioned regulations entitle the provider to terminate the contractual relationship without notice and to immediately delete the customer account from the platform. The provider expressly reserves the right to assert claims for damages against the customer for breach of the terms of use.
 

4. Conclusion, duration and termination of the contract

4.1 The term of the subscription is determined automatically when the contract is concluded. The minimum term is one month.

Monthly subscriptions can be terminated on a monthly basis. The term is automatically extended if the respective subscription is not canceled up to 7 days before the membership expires.

Annual subscriptions can be canceled annually. The term is automatically extended if the respective subscription is not canceled up to 7 days before the membership expires.

4.2 The customer's right of use expires upon termination of the contract (termination).  

4.3 The Provider reserves the right to terminate the user relationship with immediate effect and to block the customer account in the event of good cause, in particular in the event of breaches of these GTC and other contractual obligations, or in the event of disruption, misuse or damage to the Provider's reputation.

5. right of revocation

There is no right of withdrawal for either monthly or annual subscriptions.

6. Payment processing and payment services

6.1 Various payment services and options are available for the simple and uncomplicated payment of services ordered for a fee via the provider platform. The customer can start using these by clicking on the corresponding button of the payment service provider as part of the binding ordering process for services.

6.2 The Provider only provides access to the website of the respective payment service provider, but does not become a party to the payment transaction.

7. Prices and terms of payment

7.1 Subscriptions are charged according to the price offered.

7.2 VAT is included in the respective subscription price. 

8. Copyrights and rights of use

8.1 The Provider reserves all copyrights and other intangible rights to the products, including layout, software and their content (texts, tables, images, videos, graphics, programs and other services). In particular, publishing, modifying, offering, selling, reproducing, distributing, making perceptible, sending, renting and licensing the editorial and other content of the Provider is only permitted with the prior express written consent of the Provider.

8.2 In accordance with the respective subscription and the following provisions, the customer is granted the simple, non-exclusive, non-transferable, permanent right to use the content of the analyses contained in the respective subscription, subject to payment of the remuneration owed and due, with the proviso that it may only be used for the customer's own and/or internal business purposes. The right of use is limited to the customer itself.

8.3 Any further use of the content of the portal requires the prior written consent of the provider. In particular, the customer is not permitted to

the systematic automated retrieval of content,

the creation of systematic collections from retrieved content,

the forwarding or making available of content to third parties,

the use of the portal for the purpose of passing on content or providing information to third parties for business purposes.

8.4 The Provider is entitled to take technical measures to prevent use beyond the permitted scope, in particular to install appropriate access blocks. The Customer may not use any devices, products or other means that serve to circumvent or overcome the technical measures taken by the Provider. In particular, the customer may not use web crawlers, spider programs, metasearch engines or comparable technologies that automatically retrieve content from the portal. In the event of improper use, the Provider shall be entitled to block the Customer's access to the portal immediately. Further rights and claims by the Provider, in particular the right to extraordinary termination for good cause and claims for damages, are reserved.

8.5 The customer is obliged to provide the provider with written information on the type and scope of use of the portal at the provider's request if there are objectively comprehensible indications of use contrary to the contract. The Provider reserves the right to assert other rights and claims in the event of use in breach of contract.

8.6 Any infringements will be prosecuted and reported.

9. Availability of the website

9.1 The availability of the Website depends on the Customer's technical equipment. In order to use the Website to its full extent and to be able to access financial-dynamics.com, suitable technical equipment (PC, tablet, cell phone and, crucially, internet access) is required. The display quality of the digital content may also vary from device to device and depend on the speed of the customer's internet connection and other factors. In this respect, the Provider cannot be held liable for deviations.

9.2 The Provider's website is generally available 24 hours a day, seven days a week. The Provider reserves the right to restrict these operating hours at any time, to temporarily suspend the provision of services (in particular for technical reasons) and to modify the products. Planned work that leads to an impairment of availability will be carried out by the provider, as far as possible, during low-traffic times. Any claims due to such service restrictions, discontinuations or modifications are excluded. In particular, it does not entitle the customer to terminate the contract prematurely. 

10. Liability and warranty

10.1 The Provider shall only be liable for damages that lie within its area of responsibility and that it has caused through gross negligence or willful misconduct. In all other cases, the liability of the provider and its auxiliary persons is excluded. This applies in particular to claims in connection with consequential damage, loss of profit, incorrect transmission of data and loss of data.

10.2 The Provider shall not be liable for defective technology and for damage caused by computer viruses, spyware and/or other harmful computer programs (malware, spyware). There is no liability for the consequences of operational interruptions caused by malfunctions of any kind or which serve to rectify malfunctions, maintenance and the introduction of new technologies.

10.3 The content published by the provider has been created with great care. Nevertheless, the accuracy, completeness and up-to-dateness of the products cannot be guaranteed. The provider rejects any liability for this. The use of such information and data must comply with the provider's property rights, copyrights and other intellectual property rights and is at the customer's own risk.

10.4 The Provider's website may contain links to websites operated and maintained by third parties. The Provider controls access to the websites of third-party providers via links, but not the content and applications found on the websites of third-party providers. Accordingly, the Provider cannot accept any responsibility for the content and applications on third-party websites.

10.5 The Provider accepts no liability for user-generated content. 

11. final provisions

11.1 Should individual provisions of these GTC be or become invalid or should they contain loopholes, this shall not affect the legal validity of the remaining provisions (severability clause). In place of an invalid provision, a valid provision shall be deemed to have been agreed from the outset which comes closest to the economic intention presumably intended by the parties. The same applies in the event of a loophole.

11.2 The Provider reserves the right to amend these GTC unilaterally at any time. If such amendments are made, the Provider shall publish them in an appropriate manner. It is the Customer's responsibility to obtain information about the currently valid version of the GTC and the tariffs on the Provider's website.
 

12. Applicable law / place of jurisdiction

Disputes shall be governed exclusively by Swiss law.

The exclusive place of jurisdiction for all disputes is St. Gallen.

Entry into force: These GTC came into force on 09.08.2024.