1. Definitions
PaceUP Invest : The corporate purpose of the company is the provision of financial coaching services, investment advice and investment brokerage with regard to shares or stocks in domestic open and closed investment funds, open and closed EU investment funds or foreign open and closed investment funds, which may be distributed in accordance with the German Investment Code with a license pursuant to § 34f GewO. Thereafter referred to as PaceUP Invest. You will find more detailed information regarding PaceUP Invest GmbH (hereinafter “PaceUP Invest” or “we” or “us”) in our Imprint The following contract spells out what you can expect from PaceUP Invest, and what PaceUP Invest expect from you. If you agree to what you read below, you should click "Yes at the end of the contract to acknowledge that you have agreed. PaceUP Invest intends this to be the legal equivalent of your signature on a written contract, and equally binding. Only by clicking "Yes” will you be able to access and use the services available on this Website.
Client: The user of the platform and it services. Thereafter referred to as ‘you’ Contract This agreement that is enforceable by law.
Service(s): The services provided on the platform
Fees: The fees that the client pays
2. ACCESS AND SERVICES
Your access to the various services available on this system depends on the level of access you select.
You may change or discontinue your account at any time. PaceUP Invest reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. PaceUP Invest also reserve the right to delete all program and data files associated with your account and/or other information you have on our system. PaceUP Invest will send you a copy of your files before deletion
3. FEES AND PAYMENT
PaceUP Invest will charge you a standard monthly fee for using our system as well as additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services. [INSERT PRICE LIST] You will be given the opportunity to pay by credit card or by standing order when you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month for which you discontinued service. PaceUP Invest reserves the right to change our fees at any time for any reason, but, whenever possible, PaceUP Invest will give you at least one month's advance notice of such change and the right to refuse.
4. SYSTEM RULES
You agree to be bound by certain rules that are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service.
- First, do not tell others your password or let your account be used by anyone except yourself.
- Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators.
- Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others.
- Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
5. PRIVACY CONSIDERATIONS
Your communications on this system are viewed only by you and anyone to whom you address your message. However, as system operators, PaceUP Invest may need to review or monitor your electronic mail and other communications from time to time.
6. PROPRIETARY RIGHTS
Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. PaceUP Invest or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that we or our suppliers own.
7. LIMITATION OF LIABILITY
You must bear the risk of any liability relating to your use of our system.
ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF PACEUP INVEST HAVE ADVISED OFTHE POSSIBILITY OF SUCH DAMAGE OR LOSS.
8. INDEMNITY
You shall defend and indemnify us and hold us harmless from and against any and all claims proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorney’s fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
9. DISCLAIMERS OF WARRANTY
THE SYSTEM IS PROVIDED "AS IS" AND PACEUP INVEST MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON- INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE
10. CHOICE OF LAW
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of Germany and that any action arising out of this Agreement shall be litigated and enforced under the laws of Germany. In addition, you agree to submit to the jurisdiction of the courts of Germany, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the German state
11. ACKNOWLEDGMENT
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THETERMS OF THIS ONLINE SUBSCRIBER AGREEMENT, please click the "Yes" button below. If you do not agree to the terms of the Subscriber Agreement, please click the No button to log off the system.
