Terms and conditions

1. Scope and contracting party

1.1 These terms apply to the use of the StockLife application, available at stocklife.io and as an app for mobile operating systems, and to all contracts for paid features concluded through it.

1.2 The provider is Larisa Schlosser, Erlenhain 16, 88480 Achstetten, Germany (referred to below as we). The full details are in the imprint.

1.3 Under section 13 of the German Civil Code, a consumer is anyone concluding the contract for purposes that are predominantly outside their trade, business or profession. Under section 14, a trader is anyone acting in the exercise of such an activity.

1.4 Terms of the user that differ from these do not become part of the contract unless we expressly agree to them in text form.

2. What the service is

2.1 StockLife is an information service for quotes, key figures, news and for keeping your own portfolio journal. The basic scope can be used free of charge.

2.2 StockLife Pro extends the range of features for a recurring fee. Which features are included follows from the description on the pricing page, or from the purchase dialog of the relevant store, at the time the contract is concluded.

2.3 We owe the provision of the service in its current form, not a particular outcome. In particular we do not owe the accuracy, completeness or timeliness of third party market data, and no particular economic success.

2.4 We may develop the service further, change features and discontinue individual features, provided this is reasonable for you and does not impair the agreed core of the service. Where a change impairs that core more than insignificantly, we will inform you in text form at least 30 days beforehand, and you may then terminate the contract free of charge within 30 days of receiving that notice (section 327r of the German Civil Code).

3. No advisory contract

3.1 The subject of the contract is solely the provision of information and tools. No advisory contract comes about. We provide no investment advice, no investment broking and no other financial service requiring authorisation.

3.2 All presentations, calculations and assessments are non binding and are no substitute for individual advice. Investment decisions are yours alone. More on this in the section no investment advice.

4. Account

4.1 An account is required for device sync and for paid features. Signing in runs through a sign in service that we have integrated.

4.2 You are obliged to protect your credentials against access by third parties. The recovery code for the encrypted device sync is generated solely on your device and is not transmitted to us. If the recovery code is lost, the stored data is permanently unreadable, and we cannot restore it for technical reasons. Keep it somewhere separate.

4.3 An account is not transferable. Use is permitted from the age of 16.

5. Concluding a contract for paid services

5.1 Purchase in the Apple App Store or on Google Play

If you take out the subscription through the Apple App Store or through Google Play, the contract for the paid service comes about between you and that store operator under their terms. Billing, payment, renewal, cancellation and refunds are governed by the terms of the store. All we receive from there is the information whether a valid entitlement exists.

5.2 Purchase directly through this website

The presentation of the subscriptions on the pricing page is not a binding offer but an invitation to make one. By clicking the button that completes the payment process, you make a binding offer. The contract comes about with our confirmation in text form or with the activation of the service. Before submitting you can check and correct your entries. The text of the contract is sent to you with the confirmation and is stored by us. The contract language is German.

5.3 In line with section 312j(3) of the German Civil Code, the button that completes the purchase is clearly marked as an order carrying an obligation to pay.

6. Prices and payment

6.1 The prices shown at the time the contract is concluded apply. All prices towards consumers are final prices and include statutory value added tax.

6.2 The fee is due in advance for the relevant billing period.

6.3 We will notify you of price changes for running subscriptions in text form at least six weeks before they take effect. If you do not object before they take effect and do not cancel, the change is deemed accepted, and we point out that effect separately in the notice. For a purchase through a store, the procedure follows their terms.

7. Term and cancellation

7.1 The subscription runs for the period chosen, monthly or yearly, and renews automatically for the same period unless it is cancelled in time.

7.2 For a purchase through a store you cancel solely in the subscription management of that store. A cancellation addressed to us cannot end a subscription running there, for technical reasons.

7.3 For a purchase through this website you can cancel at any time with effect from the end of the current billing period. For the cancellation, the button required by section 312k of the German Civil Code is available to you: cancel contract. Cancellation is also possible informally by email. We will confirm receipt, timing and effect of the cancellation in text form.

7.4 The right of either side to terminate for good cause remains unaffected.

7.5 After the subscription ends, the free features remain usable. Your locally stored data stays on your device.

8. Right of withdrawal

Consumers have a statutory right of withdrawal when concluding a contract through this website. The details, the notice and the model withdrawal form are under right of withdrawal. For a purchase through a store, withdrawal and refunds are governed by the terms of that store.

9. Obligations of users

9.1 You undertake not to misuse the service. The following are prohibited in particular:

• reading out content automatically beyond the usual extent, unless expressly permitted;
• measures that impair availability, such as overload attacks;
• circumventing technical access or authorisation barriers;
• passing credentials on to third parties;
• systematically redistributing retrieved market data to third parties.

9.2 In the event of a serious or repeated breach, we may suspend access temporarily and terminate the contract for good cause. Before a permanent suspension we will point out the breach to you and give you the opportunity to comment, unless that is exceptionally unreasonable.

10. Availability

10.1 We aim for high availability but do not owe any particular availability rate. Maintenance, faults at upstream providers and events of force majeure can lead to interruptions.

10.2 Where possible we schedule planned maintenance for times of low demand and announce it when it is expected to last longer than an hour.

11. Rights of use

11.1 For the term of the contract we grant you a simple, non transferable right to use the service for your own purposes. No further rights are transferred.

11.2 The data you enter remains yours. We acquire no rights to it beyond what is necessary to operate the service.

11.3 Third party market data is subject to the terms of the respective rights holder. It may be used solely within the service and for your own purposes.

12. Liability

12.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulent concealment of a defect, to the extent of a guarantee we have given, and under the German Product Liability Act.

12.2 In the case of simple negligence we are liable only for breach of a material contractual obligation, meaning an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In that case liability is limited to the damage foreseeable at the conclusion of the contract and typical for it.

12.3 Liability is otherwise excluded.

12.4 In particular we are not liable for financial dispositions you make in reliance on quotes, key figures or news displayed. These come from third parties and are passed on by us, not collected by us.

12.5 Statutory rights in the event of defects in digital products under sections 327 and following of the German Civil Code remain unaffected.

13. Changes to these terms

We may change these terms where this is necessary because of a change in the law, a supreme court ruling or a change to the service, and where it does not disadvantage you unreasonably. We will inform you of the change in text form at least six weeks before it takes effect. If you do not object before it takes effect, the change is deemed accepted, and we point out that effect and your right to object separately in the notice. If you object, either side may terminate the contract with effect from the date the change would take effect.

14. Final provisions

14.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you act as a consumer, this choice of law applies only to the extent that it does not remove the protection granted by mandatory provisions of the state of your habitual residence (article 6(2) of the Rome I Regulation).

14.2 If you are a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is our place of business. For consumers the statutory places of jurisdiction apply.

14.3 We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration body.

14.4 Should a provision of these terms be invalid, the validity of the remaining provisions is unaffected. The statutory rule takes the place of the invalid provision.