Terms of Service of Momentum Trading Hub ("Web Application")

These Terms of Service ("Terms") of Laerm Media UG (Haftungsbeschränkt), Pottbrink 7, 37632 Eimen, Germany, e-mail support@momentum-trading.io ("Laerm Media", "Momentum") serve as the legal basis for the use of the services and web applications offered by Laerm Media.

1. Registration

1.1 In order to use the services, a person ("User") must register via the website. During the registration process, the User undertakes to use only truthful and personal information. The User further undertakes not to enter any personal data of third parties or content that could infringe the rights of third parties.

1.2 In order to register, the User must be of legal age.

1.3 Registration is complete as soon as the User has received a confirmation from Momentum.

1.4 The User undertakes not to pass on the registration data to third parties. In the event of any other disclosure, the User is obliged to inform Momentum via support@momentum-trading.io immediately upon becoming aware of it.

1.5 By registering on app.momentum-trading.io and using the associated services, the User agrees to these Terms.

1.6 The User undertakes not to create duplicate accounts in order to circumvent Momentum's usage restrictions, in particular those of the free plan.

2. Provision of Services by Momentum

2.1 Momentum provides the User with the services for use via the internet for the duration of the contractual relationship (website). Momentum sets up the service on a third-party server that is accessible to the User via the internet. By agreeing to these Terms, the User confirms that Momentum assumes no responsibility for errors in the services of the third party. The User is responsible for providing a suitable end device and a sufficient internet connection. The User further undertakes to inform Momentum immediately of any such defects.

3. Transfer of Rights

3.1 Laerm Media is the owner of the rights to the web application provided and the content of the website.

3.2 Laerm Media grants the User the right to use the services via the web application; however, this right is non-exclusive and non-transferable. It likewise applies for the duration of the contract and is limited to the intended use of the services for personal purposes.

4. Ordering Paid Services

4.1 After successful registration, the User has the option of using paid additional services from Momentum and thereby becoming a customer. The exact details of these paid offers with their specific features, terms, costs (monthly and annually) and cancellation options can be found in the descriptions on our website. Should the User make mistakes when entering their data, they have the opportunity to review and correct them on an overview page during the ordering process.

4.2 The subscription to the services renews automatically on the basis of the product purchased by the User until the User cancels the automatic renewal of the subscription.

4.3 The order is complete as soon as Momentum accepts the order.

4.4 The statutory warranty law for digital products applies to the paid services offered.

4.5 The paid services are provided at the latest within three days of ordering the respective paid service.

5. Right of Withdrawal When Ordering Paid Services

5.1 Customers may withdraw from the contract for paid services within fourteen days without giving reasons. The period begins on the day on which the contract was concluded. To exercise the right of withdrawal, the customer must inform Momentum of their decision to withdraw from the contract by means of a clear declaration (e.g. by e-mail). In order to make use of the right of withdrawal, the User's e-mail address must be provided so that the account can be identified; otherwise the withdrawal is not valid and cannot be executed. The withdrawal period is deemed observed if the notice of withdrawal is sent before the expiry of the fourteen-day period.

5.2 In the event of withdrawal from the contract for paid services, Momentum undertakes to refund all payments made by the customer without undue delay, but no later than within fourteen days of receipt of the declaration of withdrawal. The refund will be made using the same means of payment that the customer used for the original payment, unless a different means of payment has been expressly agreed with the customer. The customer will not incur any fees as a result of the refund.

6. Limitation of Liability

The liability of Laerm Media, regardless of the legal grounds, whether arising from contract or tort, is limited as follows:

6.1 For damages caused by a slightly negligent breach of essential contractual obligations (cardinal obligations), the liability of Laerm Media is limited to the foreseeable damage typical for this type of contract.

6.2 Laerm Media is not liable for damages caused by a slightly negligent breach of non-essential contractual obligations.

6.3 Laerm Media is not liable for the loss of or damage to the User's account at the exchange used.

6.4 Momentum is not responsible for actions based on the data provided by the app. Momentum treats the data provided to the best of its knowledge and belief; however, should errors occur in the calculation of the data, the User is requested to report them.

6.5 The foregoing limitation of liability does not apply to damages arising from injury to life, body or health. Furthermore, it does not apply to damages based on intent or gross negligence on the part of Laerm Media, its legal representatives or vicarious agents.

6.6 Laerm Media is only liable for the loss of data if such loss could not have been avoided by reasonable data backup measures on the part of the User.

6.7 The limitation of liability does not apply to claims of the User arising from product liability or in the case of a guarantee assumed by Laerm Media.

6.8 Laerm Media reserves the right to amend or supplement these limitations of liability at any time, provided this is not to the detriment of the User. Amendments or supplements take effect as soon as they are published on the Momentum website.

7. Payment

7.1 Momentum accepts the following payment methods for the software-as-a-service offerings: credit cards and PayPal. These payments are processed via the payment service provider Stripe. Momentum does not offer direct payment options and is not responsible for payment processing.

7.2 If you choose to pay via Stripe, you will be redirected to a secure page of the payment service provider to enter your payment details. The storage and processing of your payment information is carried out exclusively by Stripe. Laerm Media has access to this data. Laerm Media does not store any details of your means of payment on its own infrastructure.

7.3 By entering the payment information and confirming the payment, the User undertakes to pay the displayed price for the selected service. All prices are stated in the currency indicated on the website and include all statutory taxes.

7.4 Momentum reserves the right to amend or supplement the payment terms at any time. Amendments take effect as soon as they are published on the website. Users will be informed of material changes in an appropriate manner.

8. Updates

8.1 Laerm Media strives to continuously improve and update the web application in order to increase quality, security and functionality for all users. Updates may include new features, bug fixes, performance improvements and adaptations to technological developments or legal requirements.

9. Obligations and Cooperation of the User

9.1 The User may not use the web application to send spam, to attempt unauthorized access to other networks or computers, or to distribute viruses or malware. Violations of these provisions may lead to the immediate suspension of access and to further legal action.

9.2 The User undertakes to use the web application only within the scope of its intended functions and not for unlawful purposes. In particular, the User is prohibited from taking measures that could impair the integrity, performance or availability of the web application.

9.3 The User is not permitted to share the account with third parties. Such shared use of the account leads to the suspension of the account, and no refund can be requested. The subscription then expires at the end of the subscription period and will not be renewed.

10. Intellectual Property Rights

10.1 All content provided on the web application, including but not limited to texts, graphics, logos, images, as well as their compilation and any software used on the website, is the property of Laerm Media or its suppliers and is protected by copyright and international copyright laws.

10.2 The User receives a non-exclusive, non-transferable, revocable license to access and use the web application in accordance with these terms of use. This license does not include the resale or commercial use of the website or its content, the collection and use of product listings, descriptions or prices, any derivative use of the website or its content, the downloading or copying of account information for the benefit of another merchant, or the use of data mining, robots or similar data gathering and extraction tools.

11. Data Protection and Privacy

11.1 We are committed to protecting the privacy and security of our users' data. Detailed information on how we collect, use and share our users' data can be found in our Privacy Policy.

11.2 Our web application complies with the General Data Protection Regulation (GDPR) to ensure the data protection and privacy of all persons within the European Union (EU) and the European Economic Area (EEA).

12. Availability of the Services and Downtime

12.1 Laerm Media strives to ensure the availability of the web application and its services around the clock.

12.2 However, the application may be temporarily unavailable due to maintenance work, updates or technical problems. We undertake to announce any planned downtime in advance and to restore the service as quickly as possible. Users are not entitled to a refund or credit for downtime.

13. Termination and Suspension

13.1 Laerm Media reserves the right to suspend or terminate a User's account if a violation of these Terms is identified. Users may terminate their account by contacting support@momentum-trading.io. Upon termination, all rights granted to the User expire immediately and the User must cease using the web application. The User's data will be handled in accordance with our Privacy Policy.

14. Dispute Resolution

14.1 These terms of use are governed by and construed in accordance with the laws of Germany, where Laerm Media is registered, without regard to its conflict-of-law provisions.

14.2 In the event of disputes arising from these Terms or your use of the web application, the parties agree to seek resolution through binding arbitration before a single arbitrator in accordance with the rules of an agreed arbitration organization.

15. Changes to the Terms

15.1 Laerm Media reserves the right to change these Terms at any time. If we do so, we will publish a notice on the main page of our website, update the revision date at the bottom of this page and send you an e-mail.

15.2 We recommend that users check this page regularly for changes in order to stay informed about how we contribute to protecting the personal data we collect. You acknowledge and agree that it is your responsibility to review these terms of service regularly and to keep yourself informed of changes.

16. Indemnification

16.1 You agree to indemnify and hold harmless Laerm Media and its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the web application via your internet account.

17. Warranties and Disclaimers

17.1 Laerm Media provides the web application "as is" and "as available". We do not guarantee that the use of the web application will be uninterrupted or error-free. Users acknowledge that their electronic submissions may not be processed due to circumstances beyond our control.

17.2 We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.

18. Storage of Trading Data

18.1 Momentum enables the retrieval of trading data from exchanges via an API. The User is solely responsible for the correctness and security of the API key. The User confirms that the API key was created in accordance with the Momentum API Agreement.

18.2 The User agrees that Momentum will continue to store the trading data even after the account has been deleted, whereby this data will be anonymized and no longer associated with the account.