GTC 
for standard licenses

1. Validity and scope of application

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all legal relationships that arise between Trend Jumper GmbH, Oberstraße 3, 47829 Krefeld, Germany (hereinafter referred to as “Provider”) and a user as a consumer pursuant to Section 13 BGB [German Civil Code] (hereinafter referred to as “User”) in the context of the provision, use and billing of the automated trading software “Trend Jumper 2.0 EXPO” (hereinafter referred to as “Bot”, “Trend Jumper” or “Jumper”) and the other available offers of the Provider. The provisions and formulations of these GTC take precedence over the general information and statements on the website, which may be simplified and incomplete for editorial reasons.

2. Services of the Provider

2.1 The Provider provides the automated trading software “Trend Jumper 2.0 EXPO” for the automated trading of crypto derivatives on the online trading platforms Bitget.com and OKX.com (hereinafter referred to as “exchanges”). The Jumper is available in different versions and licenses. The description of services and functions is based on these GTC. To use the Bot, Users can purchase standardized licenses and connect their exchange account to the Trend Jumper via an API interface. To do this, they must provide the Provider with the API key, the secret key and the API password. The Jumper uses these access data to transmit trading signals to the User’s exchange account in accordance with the Bot’s trading strategy and to trigger trading orders (buy and sell orders) in the User’s name and for their account.

2.2 The Jumper trades the USDT Perpetual Contracts available on Bitget.com or OKX.com (hereinafter referred to as “Contracts”), which are selected by the Provider according to performance and other criteria. To ensure sufficient diversification, the prices of at least 30 different Contracts are tracked at all times so that trading signals can be issued when certain chart patterns occur. The Provider reserves the right to exclude individual Contracts from trading and to adjust the composition of the traded Contracts at any time.

2.3 The Jumper is a trend bot that adapts to the price developments of the individual traded Contracts. It switches between long and short positions according to predefined parameters. The Bot’s strategy is designed for comparatively large market movements and medium- to long-term use. It reacts to trend changes with a preset inertia in order to counteract unwanted position changes in the event of short-term market fluctuations. Different Contracts are traded at different times in different periods. The number of trades executed simultaneously depends on the number of Contracts selected under Section 2.2 as well as the market movements. The same applies to the number of trades executed in a year.

2.4 The position sizes of the trades are measured as a percentage of the USDT trading capital provided by the User in their exchange trading account. This leads to exponential or degressive capital growth. It is an antiproportional function that represents the central element of the Bot’s money management. As profits increase, the trading positions become larger and the profit curve steeper. As losses increase, the trading positions become smaller and the loss curve flatter.

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2.5 The Jumper is available in various licenses with levers of different strengths (also known as leverages). The effects of the position sizes measured in accordance with Section 2.4 are multiplied based on the leverage selected in each case. The dynamic money management under Section 2.4 in combination with the leverage selected in each case lead to varying degrees of capital movement and different risks. The reference values in the following table represent the usual capital movements/capital fluctuations, starting from the last peak or trough. These may also be higher or lower in individual cases.

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Leverage 1x:   Average capital fluctuation -10% / +20%

Leverage 3x:   Average capital fluctuation -30% / +60%

Leverage 5x:   Average capital fluctuation -60% / +150%

Leverage 7x:   Average capital fluctuation -80% / +250%

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2.6 The Provider does not provide investment advice. The User is free to choose whether or not to use the Bot. The individual needs of a User are not checked. The Provider’s trading Bot is an automated trading system based on algorithms and is not to be understood as investment advice. It is designed to implement trading strategies based on quantitative and technical models and does not offer any individual investment recommendations tailored to the User’s personal circumstances. The Bot analyzes and reacts to market data without human judgment or consideration of the individual User’s financial situation, goals or needs. Investment advice requires an individual analysis of the investor’s personal situation, which the Bot does not provide. The User retains full decision-making power and responsibility for their investments and should be aware that the Bot is merely a tool for executing strategies. The Provider of the Bot makes it clear that the use of the Bot is no substitute for professional investment advice. Users are encouraged to seek independent and qualified advice if necessary. Requests for individual investment tips will not be answered; silence in response to a request does not constitute a recommendation for action.

3. Proper and improper use

3.1 The User undertakes to examine and interpret the information provided in these GTC and on the www.trendjumper.de website regarding the functioning and performance of the Bot (e.g. texts, illustrations, diagrams) and to derive their own conclusions, decisions and actions from this information and to inform themselves in case of uncertainty.

3.2 To help the User use the Bot properly, the Provider points out the following, non-exhaustive actions that are necessary or are generally considered proper or improper:

3.2.1 The User needs an exchange account, separate from other trading activities, to use the Bot properly. In this account, in accordance with Section 5.3, no trade or exchange activities other than those carried out by the Jumper may take place.

3.2.2 To use the Bot properly, it is important to adhere to the minimum amount of seed capital (initial capital) required for the selected license in order to strike the right balance between the trading volume and the monthly usage fees (see Section 6).  It is not necessary to permanently maintain the level of seed capital after the start of trading. Additional funding in loss phases is not mandatory and is not usually required.

3.2.3 On the basis of the backtesting results and the equity curves generated from these and published on the website, it can be concluded that capital increases after a strong profit phase and capital withdrawals after a strong loss phase (drawdowns) are improper. The fluctuation margins depicted in Section 2.5 show which developments of the individual licenses/leverages can be regarded as strong profit or loss phases.

3.2.4 It is proper to interrupt or stop the use of the Bot immediately after strong winning phases. Interrupting or stopping the use of the Bot shortly after strong loss phases is improper. The fluctuation margins depicted in Section 2.5 show which developments of the individual licenses/leverages can be regarded as strong profit or loss phases.

3.2.5 The Bot’s strategy is designed for medium- to long-term use (> 1 year) in order to compensate for periodic market and capital fluctuations and achieve sustainable results. Short-term use of the Bot is considered improper.

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4. Updates and corrections

4.1 The Provider is entitled to adjust the algorithm at any time with the aim of achieving better trading results or improving the security or functionality of the Bot. Software updates are carried out at the discretion of the Provider and are made available to Users free of charge. The Provider chooses the timing of the updates so that they have little or no impact on active trading. During the updates, there may be brief interruptions to automated trading. This is expressly accepted by the User.

4.2 The Provider is entitled but not obliged to intervene in the Bot’s automated trading, to make manual corrections or to temporarily suspend or reinitiate trading at any time. This may, for example, but not exclusively, be necessary or useful if 

 

1. there is a signal, software or server fault,

2. too few trading signals are issued in flat market phases,

3. a capital hedge (take profit) appears sensible or

4. media events are imminent that are likely to have a significant impact on the markets.
    

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5. Conditions of use

5.1 In order to use the Trend Jumper, the User declares that they

 

1. are at least 18 years old and have full legal capacity.

2. will find out about the tax regulations that apply in their country.

3. have read and understood these GTC and agree to them.

4. read and understood the current privacy policy and agree to it.

5. accept and will implement all obligations set forth herein.

6. will use the Bot properly and avoid improper use.

7. are aware of the general trading risks and technical risks.

8. will use the software at their own discretion and on their own responsibility.

9. will only trade with capital that is dispensable to them.

10. are not under the control of a jurisdiction that prohibits the use of these and similar software products.

5.2 The prices, terms and notice periods published at the time of purchase shall apply to the purchase of licenses. Current offers are available on the www.trendjumper.de website or can be requested in writing. Unless expressly agreed otherwise, Providers’ offers are non-binding. The contract shall only be concluded when the order placed by the User is confirmed by the Provider or, if no order confirmation is issued, when the Provider starts providing the service.

5.3 Use of the Trend Jumper requires a separate account on the Bitget.com or OKX.com trading exchange in order to avoid conflicts with other trading activities and money management. The User undertakes to monitor the Bot’s automated trading at all times and to keep it strictly separate from other trading activities. To enable the Bot to trade via the relevant OKX account, the User shall provide the Provider with the required API access data. Only one API connection may be set up per account.

5.4 To enable the Trend Jumper to implement its trading strategy properly and in order to strike the right balance between the trading volume and the usage fees, differing amounts of seed capital (initial capital) are required for the various licenses. At least this amount must be deposited in the USDT wallet of the exchange account used for the Bot.

5.5 The Trend Jumper and its licenses are only intended to be linked to one exchange account per User. If the Trend Jumper is to be linked to several trading accounts at the same time, a separate agreement must be made with the Provider.

5.6 The Trend Jumper is intended for the User’s personal use only. Using the Bot to trade crypto derivatives on behalf of third parties is not permitted. The Bot’s trading orders are always executed in the name and for the account of the respective exchange account holder.

5.7 The User must treat the access data (login data and API keys) to their exchange account confidentially and protect such data against unauthorized access. If the User loses their access data or if such data becomes known to third parties or if the User notices any misuse of their access, they must inform the Provider of this immediately.

5.8 If the User detects disruptions in the contractual provision of services, they shall inform the Provider immediately. The same shall apply if the User becomes aware of any indications that the use of the Trend Jumper violates applicable law or affects or infringes third-party rights of any kind.

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6. Licenses & prices

 

LIMITED license: Basic fee 19 EUR/month; Order fee 0.020% per Order; Seed capital 500 USDT.

STARTER license: Basic fee 29 EUR/month; Order fee 0.018% per Order; Seed capital 1,000 USDT.

PRO license: Basic fee 39 EUR/month; Order fee 0.016% per Order; Seed capital 2,000 USDT.

PREMIUM license: Basic fee 49 EUR/month; Order fee 0.015% per Order; Seed capital 5,000 USDT.

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All prices are gross and include 19% VAT.

 

7. Payment modalities

7.1 The monthly basic fee is due at the beginning of the respective trading month. The first trading month begins on the day the contract is concluded. The order fees are calculated at the end of each trading month and are based on the leveraged position sizes in USDT that are charged when a trade is opened and closed. The USDT exchange rate generally corresponds to the US dollar exchange rate. The order fees are due upon invoicing. If billing is in euros (EUR), the amounts are converted into EUR at the current exchange rate of the European Central Bank (ECB).

7.2 Payments shall be made by credit card unless otherwise agreed and shall be collected by the Provider when due via the agreed payment method. Invoices for one-off services are issued directly after purchase, licenses with an indefinite term are invoiced monthly; these invoices are sent by post or e-mail.

7.3 In the event of late payment, the Provider reserves the right to withhold its own contractual performance until the account is no longer in arrears. In this case, the provisions of Sections 11.2 to 11.4 shall apply. The User’s obligation to pay the fees while the contractual performance is being withheld remains unaffected. If the User is more than 14 days in arrears, the Provider is entitled to add a EUR 5 arrears fee to the reminder notice. The User remains entitled to prove that the Provider has suffered less damage. The fee shall also apply to further, subsequent reminders. In the event of late payment or deferral of payment, interest shall be charged at a rate of five percentage points above the prime rate. Costs arising from the debt collection will be charged to the User.

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8. Duration of the contractual relationship / upgrades and downgrades

8.1 If the booking is accepted by the Provider, the contractual relationship shall initially be concluded for one month and shall be tacitly extended by a further month until it is terminated. The notice period shall be one week to the end of the respective monthly period. The date of receipt of the notice of termination shall be decisive for the date of termination.

8.2 If the User books an upgrade or downgrade (change between the licenses offered) on the website or by e-mail, the previous license shall be replaced. The switch to the new license shall normally take place on the next renewal date as per Section 8.1 that follows the booking date. A switch-over with retroactive effect is not possible. The switchover requires the consent of the Provider and shall not be effective until the technical switch is actually made. If the switchover fails or if there is a delay, the previous license agreement shall remain in force until the actual switch is made. Compensation payments for lost profits or losses incurred due to a failed or delayed switchover are excluded.

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9. PROMO codes

9.1 So-called PROMO codes are regularly awarded as part of the marketing and affiliate program. If a potential User is in possession of a valid PROMO code when they first register, they can enter it when purchasing a license and receive a 30% or 50% discount on both the monthly fee and the order fees incurred in the first month, depending on the type of PROMO code. The PROMO code discount is only valid for the first month of use and exclusively for first-time registrations. The PROMO code does not entitle the User to purchase a license and is only valid if the Provider enters into a license agreement with the potential new User.

9.2 Users of PROMO codes agree that their data may be passed on to the Provider’s affiliates to the extent necessary for billing purposes. This applies in particular to the first and last name as well as the total order fees incurred for the respective billing period.

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10. Money-back guarantee

10.1 The money-back guarantee shall only apply to Users who purchased a license before January 20, 2024. The money-back guarantee is not available to Users who purchase or have purchased a license after January 20, 2024, and Section 10.2 shall not apply.

10.2 The money-back guarantee enables the monthly license and order fees paid to be refunded if no trading profits could be achieved under compliance with all the following conditions:

 

1. Uninterrupted use of the Bot for at least 1 year (interruptions for which the User is not responsible, e.g. due to updates, server failures or force majeure, are not taken into account. The annual period will be extended accordingly by the relevant downtime).
    

2. No independent/manual change/issue of trading orders, trading amounts or the USDT balance of the trading account: If any changes are made, the one-year period as per a) above will start anew and any previously paid license and order fees, as well as the setoff of trading results achieved up to that point, are excluded from the money-back guarantee.
    

3. The trading activities of the Bot must have been completely separated from other trading activities so that each individual trade performed by the Bot can be clearly and unequivocally traced.

The money-back guarantee shall not apply to trading losses or other expenses that may arise from the use of the Bot. Furthermore, the money-back guarantee shall not apply if trading in cryptocurrencies or Contracts or the use of the Bot is restricted or prohibited by law.

 

11. Exclusion from use / disabling the connection to the Bot

11.1 The Provider shall reserve the right to disable the User’s connection to the Bot immediately and without prior consultation with the User if there are concrete indications that the data transmitted or trading activities carried out via the Trend Jumper violate applicable law or impair or affect the rights of third parties or if it would be unreasonable to continue to provide the Trend Jumper for other reasons.

11.2 The Provider shall also reserve the right to block certain persons from using the Trend Jumper and to disable their connection to the Bot at any time without giving reasons. If a connection is about to be disabled for any reason other than specified in Section 11.1, the User must be informed of this in writing by e-mail at least 24 hours in advance.

11.3 If a connection is disabled as per Sections 11.1 and 11.2, the Provider shall close all open trading positions that were opened by the User via the Trend Jumper on the exchange. The final balances of the positions closed by the Provider are expressly recognized by the User, irrespective of whether they show a profit or loss at the relevant time. If a User is blocked under Section 11.2, the User has the option of disconnecting the Trend Jumper from the crypto exchange used by them within 24 hours of receipt of the blocking notification, thus preventing the closure of the open positions. Depending on the terms of use and the technical operability of the Bitget.com and OKX.com online trading platforms, the User has manual control over their trading positions at all times and is solely responsible for them. If the User disconnects the Trend Jumper from their exchange account, the Bot can no longer access the trades they have opened. The User must close the trades themself.

11.4 If Users with subscriber licenses are blocked under Section 11.2, the Provider shall be obliged to reimburse the User for any license fees already paid for the period that can no longer be used. This shall not apply for Users blocked under Section 11.1 or in the event of temporary delays, service failures or interruptions to the Trend Jumper which are directly or indirectly attributable to a cause or condition for which the Provider is not responsible or which were unintentionally brought about by the Provider.

 

12. Online trading platforms, signal software and servers

Online trading platforms such as Bitget.com and OKX.com, which Users intend to operate automatically via the Trend Jumper, are provided by independent third parties, as are the Trend Jumper servers and the signal software on Tradingview.com. The Provider has no control over the trading and signal platform and the servers of third parties and cannot ensure that trading orders that are to be transmitted to the online trading platforms via the Trend Jumper will be transmitted, processed and executed in all cases. In particular, but not exclusively, the maximum trading limits (amount of tradable positions), the trading fees and the other technical configurations of the online trading platform must be observed when using the Trend Jumper. If the Bot reaches the trading limits of the respective exchange, the Bot’s strategy can no longer be executed properly and losses may be incurred. By using the Trend Jumper, Users expressly acknowledge and agree that the transaction details and trading instructions they submit might not be executed or might be delayed by the Trend Jumper servers and online trading platforms. It is the responsibility of the User to monitor the proper execution of the automatically transmitted trading commands independently of Trend Jumper and its servers and, if necessary, to execute trading commands in the online trading platforms manually as an alternative. In the event of manual intervention in the Bot’s trading, the deadlines and requirements for claiming the money-back guarantee under Section 10.2 start anew, unless the User is excluded from the money-back guarantee in accordance with Section 10.1. The Provider is solely responsible for allowing exceptions.

 

13. Protocols

All trading activities carried out by the Trend Jumper are logged and stored for accounting and verification purposes. The Trend Jumper only logs and saves trades that it has opened and closed itself. The User can request their personal logs from the Provider. The retention periods and provisions of the GDPR apply. Further information on retention periods and data protection can be found in the privacy policy.

 

14. Copyrights

14.1 Trend Jumper GmbH and its legal successors, assignees and licensors are exclusively entitled to all copyrights, trademark rights and other property rights to the “Trend Jumper” trading software and its updates as well as the content, data and other elements made available by the Provider on websites and in other media. Use of the above is permitted exclusively within the framework of these GTC and within the framework of individual written agreements.

14.2 All elements of Trend Jumper (including, without limitation, all information, data, products, materials, services, software codes, applications and tools, APIs, web sockets, design elements, texts, images, photographs, illustrations, audio and video content) provided through or used in the operation of the software are made available to Users by the Provider under a license and are not sold. The rights of use granted by the Provider are not transferable to third parties.

14.3 In respect of the access to the Trend Jumper and the Trend Jumper itself, Users are not entitled to rent, lease, lend, sell, give away, distribute, copy, reverse engineer, decompile, disassemble, translate, modify, sublicense, adapt or create derivative works. They are not entitled to view or access the source code of the software at any time.

14.4 Users are granted the revocable right to share videos published on the www.trendjumper.de website and links to the website in social networks such as Facebook, Twitter, Instagram, WhatsApp, Telegram and other webbased media and communities, provided that these are not altered in content or associated with illegal content, violations of public decency or content that is damaging to the company’s reputation. The property rights of third parties must be observed.

 

15. Liability

15.1 The User shall be liable in accordance with the statutory provisions for all damages incurred by the Provider as a result of the User’s failure to perform their obligations in accordance with the contract or improper use of the Bot by the User. The User shall indemnify the Provider in accordance with the statutory provisions from any third-party claims that may arise from the use of the Trend Jumper and undertakes to compensate the Provider for all disadvantages and damages arising in this respect.

15.2 The following shall apply to damages incurred by the User in connection with the advertising, setup and use of the Bot, its servers and the www.trendjumper.de website:

15.2.1 In cases of intent or gross negligence, liability shall be unlimited. In cases of slight negligence, liability shall also be unlimited in the event of injury to life, limb or health. In the case of a slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable damage to property and financial loss that typically occurs as a result. Any further liability for damages shall be excluded except for claims under the Product Liability Act.

15.2.2 USDT trading capital is used for trading with the Trend Jumper. An undefined amount of said capital (but no less than the seed capital specified for the booked license) shall be deposited by the User in their USDT wallet at Bitget.com or OKX.com. The User is aware that even so-called “stable coins” such as the US Tether (USDT) can lose value if they are not sufficiently secured with assets or lose the trust of Users and investors. The Provider shall not be liable for any loss of assets that may result from a loss in value of the US Tether (USDT). Nor shall the Provider be liable for lost profits or opportunity costs that may arise due to the capital commitment of the Trend Jumper.

15.2.3 The User is aware that constant and uninterrupted availability of the servers and Trend Jumper is not technically feasible. The Provider shall make every effort to ensure the availability of the server used and the Trend Jumper. However, necessary security or maintenance work or technical faults may result in the temporary unavailability of the Providers’ services and the Trend Jumper. The software is used for automated market analysis and automated trading on the basis of previously defined criteria and signals. It is not intended to be operated completely autonomously and without human monitoring or control. The User shall assure responsible use of the software and guarantee sufficient monitoring of automated trading in order to be able to take manual (protective) measures in their exchange account in the event of a malfunction, thus averting possible damage. The User can disconnect the Trend Jumper from their exchange account at any time by disabling or deleting the API key used. The User can close open trades manually at any time.

15.2.4 The Provider shall not be liable for any delay, failure of performance or disruption of the Bot, the exchange account used or Tradingview.com that is directly or indirectly due to any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to acts of God, acts of civil or military authorities, acts of terrorism, hacker attacks, viruses and other mal-ware, civil unrest, war, strikes or other labor disputes, fire, telecommunications or internet service or network provider service outages, equipment and/or software failure, other disasters or other events beyond reasonable control that do not affect the validity and enforceability of the remaining provisions.

15.2.5 The Provider shall not be liable for typical or atypical price and market movements as these are not foreseeable and are beyond its control. The Bot is able to deal with most typical and atypical market movements as part of its trading strategy, but cannot completely control them. The Provider shall therefore not be liable for financial losses incurred through the use of the Bot as a result of typical or atypical price and market movements. This relates in particular, but not exclusively, to increased volatility that may arise as a result of market manipulation or other events (e.g. interest rate decision in the USA, war reports, financial policy decisions, etc.).

15.2.6 The Provider’s websites and the offers shown there contain references and links to external websites, products and services of third parties over whose contents, offers and functions the Provider has no influence. The Provider shall therefore accept no liability for these contents, products and services. This shall apply in particular to the offers and services of the Bitget.com and OKX.com trading platform, the use of which is necessary to use the Bot. Users must inform themselves about the trading platforms and the risks associated with its use. The Provider accepts no liability for the discontinuation of products or services, for defaults, fraud, misappropriation or other retention of customer funds or insolvency of the trading platforms and its operators. In no event shall descriptions or references to the above be construed as a guarantee or warranty of legal compliance or responsible behavior or for the trustworthiness or availability of Bitget.com and OKX.com.

15.2.7 The Provider works together with various advertising partners (affiliates), who advertise the Bot independently. All official advertising partners have cooperation agreements in which they are obliged to only report truthfully on the characteristics of the Bot and to provide information on existing risks to a reasonable extent. They are prohibited from using techniques to covertly or subliminally influence addressees. Advertising partners are also prohibited from making promises of profit or trivializing existing risks. Potential Users must not be deceived or misled. Should the advertising partners concerned violate the aforementioned provisions, they shall be solely liable for any resulting damages. The User waives all and any claims against the Provider and shall indemnify the Provider against any damage caused by its advertising partners and any resulting claims. In the event of incorrect statements by advertising partners or contradictions to these GTC, the provisions of these GTC shall apply at all times. The User promises to base their decision to use the Bot exclusively on the information available on the www.trendjumper.de website and these GTC. No guarantee or liability can be assumed for the accuracy of the statements made by the advertising partners.

 

16. Warranty exclusion

16.1 The Trend Jumper is made available to Users “as developed” or “as available”. At no time does the Provider guarantee that the Trend Jumper will meet the User’s expectations or requirements or that it will actually generate monetary profits. This is an innovative project in which the trading results of the Trend Jumper are uncertain and depend not only on the developed source code, but are also influenced by numerous other factors over which the Provider has no control. These include, but are not limited to, unintentional software errors, interrupted or faulty signal transmissions from Tradingview.com and the processing of such on its own servers, hardware failures, the availability of USDT SWAPs and trading fees on Bitget.com an OKX.com or unforeseeable market events.

16.2 The User has been informed and acknowledges that the use of the Trend Jumper may also result in financial losses, the extent of which is also, but not exclusively, dependent on the afore-mentioned factors. Possible losses shall not entitle the User to claim damages or to reclaim the license and order fees paid, unless expressly agreed otherwise in these GTC or in an individual agreement. The Provider does not guarantee the absence of defects or that such will or can be rectified. The User is particularly aware that automated trading strategies such as the Trend Jumper have regular drawdowns, which can completely or partially consume both the trading capital invested and the trading profits made. A continuous trading period of at least 12 months is necessary to be able to measure and assess the actual trading success of the Bot; during this period the User is not allowed to make any manual changes to the USDT wallet used. Changes include, in particular, deposits and withdrawals of USDT trading capital on the exchange trading account as well as other trading activities not initiated by the Bot.

16.3 Information and test results for advertising the Bot on advertising media (e.g. on websites, flyers, brochures, YouTube, Telegram, Facebook and other media) are based on historical data and backtests from the Tradingview.com analysis platform, unless otherwise indicated. These are reference data that were determined on the basis of a largely constant reference portfolio (USDT perpetual contracts) and may deviate in live trading to varying degrees depending on the selection of contracts actually traded in accordance with Section 2.2. They show the historical backtesting results of the Bot according to the underlying parameters. The trading fees (commissions) of the exchanges were taken into account in the backtests. Despite careful analysis and preparation of the data, no guarantee can be given for the accuracy and completeness of the underlying data. The presentation of data in charts and tables may differ slightly from the underlying basic data due to rounding differences, summaries or simplifications. Errors and omissions excepted.

 

17. Secrecy

17.1 The parties shall maintain secrecy about all information to be treated confidentially that has come to their knowledge in the context of the contractual relationship and shall only use such information vis-à-vis third parties - for whatever purpose - with the consent of the other party. Secret information includes, but is not limited to, all knowledge that the User acquires with regard to the logics, algorithms and performance of the Trend Jumper. This shall continue to apply after the contractual relationship has ended. This does not include the disclosure of necessary information to lawyers, auditors, tax consultants and tax authorities as well as other bodies to which there is a mandatory obligation to provide information.

17.2 The contracting parties agree on a lump-sum contractual penalty of EUR 500 per breach of the non-disclosure agreement, subject to the determination of greater damages, which the injured party must prove, or lesser damages, which the breaching party must prove. This shall continue to apply after the contractual relationship has ended.

 

18. Severability clause

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable clause shall be replaced by a valid and enforceable provision whose effects come closest to the intended purpose of the contracting parties. The same shall apply to any contractual gaps.

 

19. Amendment of the Consumer GTC

19.1 The Provider reserves the right to amend these Consumer GTC at any time, subject to a reasonable notice period of at least six weeks. Notice is given by sending the amended Consumer GTC by e-mail or post, stating the date on which the amendments take effect.

19.2 If the User does not object within six weeks of notification, the amended Consumer GTC shall be deemed to have been accepted. Special reference is made to the significance of the six-week period in the amendment notification.

19.3 If the User objects within the time limit, the Provider - while safeguarding the legitimate interests of the User - shall be entitled to terminate the existing contract with the User as of the effective date of the amendments. The User cannot assert any claims against the Provider as a result of the termination. If an objection is made within the time limit, but the Provider does not terminate the contract, the contractual relationship shall continue under the previous conditions.

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20. Written form requirement

Side agreements, amendments or additions to this contract must be made in writing to be effective. This shall also apply to the waiver of the written form requirement.

 

21. Miscellaneous

21.1 The legal relationships between the Provider and the Users are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the User has their habitual residence.

21.2 The provisions of the Provider’s privacy policy shall apply in the version valid at the time the contract is concluded. The User declares that they have read and understood these and expressly acknowledge them.

21.3 For the User as a consumer, the place of jurisdiction is the User’s place of residence, provided this is in Germany. Otherwise and in addition, the place of jurisdiction is Krefeld in Germany.

 

22. Withdrawal policy

22.1 If you as a consumer order a service for a fee, you have the following right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise the right to withdraw, you must inform us, Trend Jumper GmbH, Oberstraße 3, 47829 Krefeld, Germa-ny, tel: +49 (0) 800 777 3 500, service@trendjumper.de of your decision to withdraw from this contract by way of an unequivocal statement (e.g. a letter sent by post, an e-mail or, alternatively, orally by telephone, video or voice mail). You can use the attached sample withdrawal form, but this is not mandatory. To comply with the withdrawal period, sending notification of your decision to exercise your right to withdraw before the withdrawal period expires shall suffice.

Consequences of withdrawal:

If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs (with the exception of additional costs arising as a result of you choosing a delivery method other than the cheapest standard delivery offered by us), without undue delay and within fourteen days at the latest from the date on which we receive notice of your decision to withdraw from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement.

If you have requested the services to commence during the withdrawal period, you shall pay us a reasonable amount equivalent to the proportion of the services already provided up to the time at which you notify us of your decision to exercise your right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Note on the premature expiry of the right of withdrawal:

In the case of a contract for the provision of services, your right of withdrawal shall expire prematurely if we have provided the service in full and have only begun to provide the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal upon complete fulfillment of the contract by us.

In the case of a contract for the supply of digital content not on a tangible medium, the right of withdrawal shall also expire if the trader has commenced performance of the contract after the consumer has expressly consented to the trader commencing performance of the contract before the expiry of the withdrawal period, and has confirmed that they are aware that they lose their right of withdrawal by consenting to the commencement of performance of the contract. 

End of the withdrawal policy.

 

22.2 Sample withdrawal form:

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Sender:
[Your first and last name]
[Your street and house number]
[Your zip code and town]

[Your state / province]

[Your country]

 

Recipient:
Trend Jumper GmbH
Oberstraße 3
47829 Krefeld, Germany

 

or by e-mail: service@trendjumper.de

 

Subject: Withdrawal from my contract

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Dear Sir or Madam,

I hereby withdraw from the contract concluded with you for the purchase of a private user license for the use of the automated trading software “Trend Jumper 2.0 EXPO” as well as for the following additional services, if applicable: [Description of additional services purchased]

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I ordered the license on [order date] and the service was made available from [delivery date].

Yours sincerely,

 

[Place, date]
[Your signature]

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The notice of withdrawal can also be given by telephone at: Tel. +49 800 777 3 50

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