Terms of Service – AGB
Official contract language is German (Deutsch). The translation of our terms of service into English is not legally binding.
Terms of Service (TOS)
§1 Scope / area of application
The following Terms of Service (TOS) apply to all contracts that Thweis UG (haftungsbeschränkt) (hereinafter also referred to as “Thweis“, “Seller“, “Provider“) concludes with its customers (hereinafter also referred to as “Customer“, “Buyer“, “User“, “Consumers”) if they are consumers and not entrepreneurs, in the version valid at the time of the purchase order.
The products and services offered by Thweis are intended exclusively for consumers as defined by § 13 German Civil Code (Bürgerliches Gesetzbuch BGB). The customer assures by his truthful statements that he is not an entrepreneur in the context of § 14 BGB.
§1.3 The following TOS apply to orders placed via the website https://www.thweis.com
Deviating terms of service of the customer are rejected. By being silent or not objecting, the seller does not submit to any conditions of the customer.
In the event of the conclusion of a contract, this comes into force with:
Thweis UG (haftungsbeschränkt) Zum Lappentascher Hof 36C 66424 Homburg VAT DE346687526
The contract language is German.
§2 Subject of the service
Thweis provides all services described below exclusively on the basis of these TOS. Deviations from these TOS are only effective if the seller confirms them in written form.
The Buyer has the option to purchase the offered products and services in the online store mentioned under §1.3. This involves the purchase of subscription plans, which relate to the delivery of digital content or the provision of services, as well as digital products, which are available for download.
The features and contents of the services and products can be viewed in the respective product details.
Thweis sells exclusively in its own name and on its own account.
§3 Conclusion of contract
The presentation of products and services in our Internet store does not constitute a legally binding contract offer by us, but is merely a non-binding invitation to the user to purchase them.
The buyer is then able to log in to the secure member area where he/she has direct access to the purchased service (subscription) or digital product. The buyer will also receive an email from Thweis containing the confirmation of the order including a link to these Terms of Service as well as a separate notice regarding the exclusion or termination of his/her right of withdrawal.
The acceptance of the purchase and thus the beginning of the contract between the seller and the buyer is made by Thweis by (i) sending an explicit declaration of acceptance to the buyer via e-mail no later than 3 working days after receiving the order; (ii) by sending the ordered goods; (iii) by activating the corresponding secured member area (“subscriptions” or download of digital products).
Subscriptions may be cancelled by the buyer no later than 1 day before the expiration of the term. This cancellation is done by terminating the subscription in the customer’s account management at https://www.thweis.com/member-account/ by clicking on “Cancel Subscription” or written notification by e-mail. After the expiration of the subscription period, the subscription will be automatically renewed for a full month if it has not been cancelled beforehand. In addition to the cancellation, there is the possibility to cancel a subscription without notice for good cause according to § 314 BGB (German Civil Code), if the legal requirements are met. Thweis reserves the right to increase the subscription prices, the increase will be announced in time beforehand. In the event of a price increase of more than 5%, the subscriber shall have a special right of termination with effect at the end of the last month before the price increase takes effect. If the customer has made an advance payment, the price increase shall only apply after the end of this pre-payment period.
§3.2 Subscriptions (Coaching)
The withdrawal from an already booked coaching subscription is not possible after the expiration of a 2 week deadline. If the customer no longer wishes to take part in the coaching, his obligation to pay for it in full does not expire. If the customer cannot participate in the coaching after conclusion of the contract the subscription is not transferable to another person.
§4 Transfer of risk
The legal regulations for the transfer of risk of the purchased item apply.
All prices include the mandatory value added tax (VAT) of the respective country and, if applicable, state/province based on the data provided by the buyer during the purchase process. The base currency of the products offered in the online store specified in §1.3 is Euro ( € ) and is converted at the time of the order into the respective country currency at the exchange rate valid on that day at the payment service provider. Shipping costs, installation, training and other additional services are not included in the price, unless otherwise agreed.
Additional services that are not included in the product description are charged separately.
§6 Payment methods, payment terms and invoicing
Thweis offers the following payment methods to the buyer through external payment service providers:
- Paypal Standard
In the event of a payment with PayPal, their terms and conditions apply. If a subscription (membership) is concluded by the buyer, this is considered as a grant for direct debit mandate. The payment amount and the payment date depend on the subscription plan purchased by the buyer. A detailed description of the respective subscription plan can be found in the online store listed under §1.3.
By accepting these TOS, the Buyer agrees to an exclusively electronic invoicing and electronic transmission of the invoice in accordance with § 14 para. 1 of the German Value Added Tax Act (UStG).
§7 Payment due date / default of payment
Unless otherwise specified, payments are due immediately without deduction. The payment period begins with the delivery of the product or provision of the service. In all other respects, the statutory regulations according to BGB §268 apply.
§8 Delivery and delivery time
The dispatch or provision of the product takes place immediately after receipt of money on our account, but at the latest within 3 days. Partial deliveries are permitted if this is reasonable for the buyer. If the product is a subscription, the buyer receives direct access to the secure member area on Thweis.com after receipt of payment. If the product is software, the delivery can be made physically by using data carriers or by download. If the software is delivered online (download), it is available to the buyer on a server for download. Delivery is made “while supplies last”. If the product is no longer available, Thweis can withdraw from the contract and immediately refund any invoices already paid and inform the customer immediately. Furthermore, errors remain reserved.
§9 Retention of title
The ownership of the delivered products, remains the property of Thweis until the full payment of the purchase price. The rights of use of the software shall only be transferred from Thweis to the customer upon full, unconditional payment of the purchase price.
Withdrawal policy for the provision of digital services:
Withdrawal policy for the delivery of digital content/products:
§11 Copyright protection
All contents of the products, services, texts, images, drawings, audio and video files, documents offered by Thweis UG (haftungsbeschränkt) are the property of Thweis. The customer is only allowed to use these copyrighted contents for private, non-commercial purposes.
Unauthorized duplication as well as passing on to third parties is not permitted and will be prosecuted by Thweis UG (haftungsbeschränkt) with legal actions.
§12 Duties of the customer
The customer is obligated to provide truthful information about his person and to double-check this information for correctness and completeness after confirmation of the order. If he notices an error, he is obliged to inform the provider immediately.
Regardless of other legal regulations, the provider is entitled to refuse the provision of services to the customer in whole or in part and to block the access of the respective customer to the services directly and in the future, if false information has been provided during registration, or in the case of misuse (e.g. multiple registrations) or if there are serious indications that the user has carried out unlawful actions. The illegal disclosure of third party data is not permitted.
The customer also acknowledges his obligation to cooperate as a prerequisite for the provision of services by the provider and thus as his contractual obligation. In particular, he has to provide the requested data, since this data is the basis for the coaching.
The statutory warranty rights apply to all contracts between Thweis and the buyer.
§14 Recommendations / Affiliate
Thweis provides information about brokers, software and other financial service providers and, where applicable, makes recommendations to customers, but is not liable for the content and offers of third parties mentioned there. Although the provider carefully checks its sources, it is the user’s responsibility to conduct a thorough review of the data for timeliness and accuracy as well as the provider’s business model. There is neither a legal claim to recommendations nor does the user have to pay any expenses for the mediation activity.
§15 Liability and disclaimer
We point out the special and significant risks in the field of trading with financial products in more detail in our extended disclaimer. This disclaimer also contains a few honest words on our own behalf about the risk of active trading in equities.
The offers that the customer finds on the webpage are expressly not directed at persons in countries that prohibit the presentation or calling up of the content posted therein. Each user is responsible for informing himself about any restrictions before calling up the websites and expressly comply with them.
Trading in financial products is associated with considerable opportunities and corresponding risks, which can result not only in a total loss of the capital invested, but also in losses above and beyond that. For that reason, this type of operation requires in-depth knowledge of such financial products, securities markets, securities trading techniques and strategies.
The provisions of the Product Liability Act (ProdHaftG) shall remain unaffected.
§15.1 General liability and disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(1) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THWEIS UG, AND THEIR OFFICERS AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(2) THWEIS UG, AND THEIR OFFICERS AND EMPLOYEES , MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THWEIS UG OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
(5) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
(6) For compensation or reimbursement of futile expenses -regardless of the legal reason – the provider is liable as follows:
IN THE CASE OF A NEGLIGENT BREACH OF ESSENTIAL CONTRACTUAL OBLIGATIONS THE LIABILITY OF THE PROVIDER IS LIMITED TO THE CONTRACTUALLY AGREED COMPENSATION.
(7) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THWEIS UG AND ITS OFFICIALS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU (except to the extent such liability is mandatory by law, including, without limitation, in cases of willful misconduct) FOR ANY DIRECT, INDIRECT, FORESEEABLE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFIT, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, AND DAMAGES ARISING OUT OF CLAIMS BY THIRD PARTIES (EVEN IF THE THWEIS UG HAS ACTUALLY BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES), arising out of or in connection with the following:
(a) THE USE OR IMPOSSIBILITY OF USE OF THE SERVICE
(b) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR ACQUIRED THROUGH THE SERVICE OR THROUGH DISCONTINUED MESSAGES OR TRANSACTIONS
(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
(D) COMMENTS OR BEHAVIOR OF THIRD PARTIES WITHIN THE SERVICE
(E) ANY OTHER MATTERS RELATING TO THE SERVICE.
(8) In all other cases, liability on the part of the provider is excluded.
(9) The above exemptions from liability (7) and (8) do not apply to personal injury or if the cause of damage is based on grossly negligent or intentional conduct or if liability arises from the German Product Liability Act (ProdHaftG), from warranty, or other legal provisions that cannot be excluded.
(10) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. accordingly, some of the disclaimers set forth in §15 may not apply to you.
(11) Insofar as the liability of the Provider is excluded or limited, this shall also apply to the personal liability of the legal representatives and employees of the Provider.
§15.2 Disclaimer for services in connection with the trading of financial products
(12) Any liability for independent investment decisions made by the customer on the basis of the information, analyses, opinions, prices and market comments received is expressly excluded; the customer acts at his own risk and peril. Before the user makes investment decisions, he should have carefully informed himself about the opportunities and risks of the investment. We therefore recommend that customers contact their personal financial advisor before making transactions and investments in the financial markets.
(13) The Provider, as well as the legal representatives and employees of the Provider, shall never be held responsible for actual operations (stock or other transactions in the financial markets) of the User.
(14) These analyses do also not meet the legal requirements to warrant the neutrality of financial analyses, they exclusively reflect the view of the employees of Thweis, irrespective of the exact wording. Furthermore, they do not constitute an offer or invitation to buy, hold or sell financial instruments and do not constitute an individual advisory or information relationship. They do not constitute legal, tax or other advice and cannot replace such advice. They do not take into account the specific situation of the recipient with regard to his investment objectives and risk allowance.
(15) The positive performance (“backtests” or historical price performance) of a financial product in the past can in no way be used to predict future returns. THWEIS UG AND ITS OFFICERS AND EMPLOYEES express their own objective opinion to the best of their knowledge and belief, but can never predict the performance of a financial instrument with certainty and in advance.
(16) The information published on Thweis’ websites may not contain all the information necessary to make a decision. Thweis obtains information from sources it deems trustworthy. However, no guarantee can be made regarding the quality, usefulness, availability or truthfulness of this information. Users who make investment decisions based on an article or social media post by Thweis do so at their own risk.
§16 Right of set-off
The customer shall only have a right of set-off if its claim put forward for set-off has been legally established or is undisputed.
§17 Choice of Law & Jurisdiction
The contractual relations between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence.
§18 Storage of the contract text
The Customer may view these General Terms of Service with the included General Contractual Provisions on the Provider’s website. Furthermore, the Customer may print and/or save this document by using the usual functionalities of his browser (File -> “Save as”). All payments made can also be viewed and archived by the Customer personally under the Payments & Invoices section of the Members’s account.
Additional data of orders can be archived by waiting for the automatic order receipt confirmation, which is additionally sent to the respective deposited e-mail address after completion of an order. This confirmation contains all data of the order including the link to these terms of service as well as the separate reference to the special exclusion or expiration of the right of withdrawal.
§19 No third-party beneficiaries
You agree that, except as otherwise expressly provided in these TOS, no third party beneficiaries are involved in this Agreement.
§20 Notices and announcements
Thweis UG may provide notices to you, including those regarding changes to these TOS, by email or by posting them in the secure members area of the Website.
§21 Indirect Taxation Obligations and Guidelines
We believe that our Service is considered to be an so-called “Electronic-Digital-Service” as we provide text and text based content via the internet. While the content of the service is not automated we still believe that we fall under that category.
For such a service the indirect taxation (Sales Tax or Value Added Tax or Use Tax) is based on the place of service principle (German: “Leistungsortprinzip”). This means that indirect taxes are raised by and remitted to the appropriate tax authority at the place where the the consumer is located and where the customer receives the digital service or digital product.
In order to keep taxation efforts manageable for us, we reserve the right to provide our service only to the specific countries which we make available as billing countries during the purchase process. We also reserve the right to include and exclude countries from our service based on changing taxation rules and laws as we deem appropriate in terms of the individual effort for us.
For our customer from within the European Union (EU) the One-Stop-Shop (OSS) procedure applies where we collect and remit the indirect tax (for EU: Value Added tax VAT) of the respective EU Member State. The indirect tax is included in the price of the service and separately shown in the invoice.
For our customers from a third country outside the EU our service is a non-taxable service in Germany according to §3a Umsatzsteuergesetz UStG (German Value Added Tax Law). This means no tax is included in the price of the service and a tax of 0% is separately shown in the invoice unless we reach an economic threshold in that location. That economic threshold can be sales or transaction based and is highly individual.Some countries additionally require us to register with the local tax authorities before we have reached the economic threshold. Once the economic threshold for a specific country is reached we are obliged to remit indirect taxto the appropriate tax authority and as a result the indirect tax is included in the price of the service and separately shown in the invoice.
Special note for customer from the United States of America (USA):
In the USA the economic threshold is called economic Nexus. The thresholds are not standardized and differ from state to state. Once we have established an economic Nexuswe are obliged to remit indirect tax (for USA: Sales Tax) to the appropriate tax authority. However the Sales Tax rate is highly individual and differs from US state to state as well, in addition there are states who do not raise any sales tax on state level but could still raise sales tax on community level. Moreover, if we sell our digital products and services to customers in states who do not raise sales tax or where we did not reach theeconomic nexus thresholds, the customers themselves could have a legal obligation to pay a Use Tax if the state has special Notice and Report Laws in place. Use tax is a sales tax replacement on purchases made by a customer outside of their residence that have not been subject to tax in the state where the purchases were made. We will remind customers from US states to which this applies of their legal tax liability regarding Use Tax.
Consumer Dispute Settlement
The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr.