Terms of use
Please find below the different terms and conditions of TradeNeon FZCO for contracts regarding
- Software, plugins, browser-based software, video courses
- Services and training
The terms and conditions include important legal mandatory information and other details. In addition, there is:
Information on data protection/handling of personal data at: https://tradeneon-academy.com/privacy-policy
Information on the provider in the publication details at: https://tradeneon-academy.com/imprint/
Further information about the services offered at: https://tradeneon-academy.com
I.
General Terms and Conditions (GTC) of
TradeNeon FZCO Contracts for Software, Plugins, browser-based Software, Video Courses
TradeNeon FZCO
IFZA Business Park, DDP, Dubai Silicon Oasis, Dubai, United Arab Emirates
mail@tradeneon-academy.com
TradeNeon FZCO is registered with the Dubai Silicon Oasis Authority under license number 35637.
(TradeNeon FZCO hereinafter referred to as “Provider” or “we”, “us”, etc.)
- 1 Subject Matter of the Contract, Scope
(1) These GTC apply to all contracts between the Provider and its Customers (hereinafter also referred to as “Provider”; collectively or individually referred to as “Contracting Parties” or “Parties”) for the provision of Software, Plugins, browser-based software.
(2) The business relationship between the aforementioned Provider and the Customers (hereinafter also referred to as “Provider”) is governed exclusively by these GTC, in the version valid at the time of the order.
(3) These GTC also apply to consumers. A consumer within the meaning of these GTC is any natural person who acts for purposes outside their trade, business, or profession. All other Customers are considered entrepreneurs within the meaning of these GTC.
(4) These GTC also apply to subsequent transactions with entrepreneurs, without the need to expressly mention or agree upon them at the time of their conclusion.
(5) Counter-confirmations, counter-offers, or other references made by a Customer with regard to their own terms and conditions are hereby expressly rejected by the Provider. These GTC apply even if the Provider executes the order without reservation, being aware of opposing or deviating conditions from the Customer. Deviations from these GTC apply only to a specific contract and not to future contracts, unless expressly agreed otherwise.
(6) “Written form” or “in writing” according to these GTC includes text form (in particular, email, fax, etc.).
- 2 Conclusion of Contract, Software Delivery, Installation and Cooperation
(1) The Customer can choose software from the Provider’s range and collect it via a button “add to cart”. By clicking on the “Buy Now” button, the Customer submits a binding request to purchase the software in the shopping cart. Before submitting the order, the Customer can change and view the data at any time. However, the request can only be submitted and transmitted if the Customer has accepted these contractual conditions by clicking on the selection box “I accept the T&Cs and sign up for the newsletter without obligation” and has included them in their request.
(2) The Provider then sends the Customer an automatic acceptance declaration. This results in the contract being concluded (“Order Confirmation”). In this email or in a separate email, the contract text (consisting of the order, GTC, the revocation instructions, and the order confirmation) will be sent to the Customer by email (“Contract Confirmation”). The contract text will be stored in compliance with data protection regulations.
(3) The Provider delivers the software, depending on the selected offer and the respective software, as a plugin, as a file for integration into other software, or as browser-based software, promptly for download on its homepage or a download platform (e.g., Apple Store, PlayStore). The Customer will be provided with the access information required for using the software (in particular, license keys or login data) and usage instructions, depending on the selected offer, via email, directly in the software, or on its homepage.
(4) The Provider does not owe the installation of the software on the Customer’s systems; the Customer is solely responsible for this. In particular, the Provider is not responsible for third-party software within which the Customer’s software is used (e.g., TradingView platform). However, if the Provider’s assistance is necessary, the Provider will support the Customer accordingly. The Customer must provide all necessary information and devices promptly, free of charge, and in an orderly form for this support. Furthermore, the Customer must ensure the appropriate environment (hardware and software) for the proper operation of the software
- 3 Provided and Processed Data
The data provided in the software are neither action nor trading recommendations. They are purely informative and can support decisions. The user remains solely responsible for the decisions made. The source of the respective data is indicated either within the software or on our website.
- 4 Maintenance
(1) The Provider is obliged to maintain the agreed contractual condition of the software during the contract period (“maintenance”). The condition of the software is determined primarily by the respective software description and the agreements made. To fulfil its maintenance obligations, the Provider will carry out the necessary maintenance and servicing measures according to the state of the art.
(2) The Provider is only obliged to modify or adapt the software if such modification or adaptation is required to maintain the software according to the state of the art. In other respects, the Provider is only obliged to make changes, adaptations, or further developments of the software if the parties agree separately. Without such a separate agreement, the Provider is in particular not obliged to further develop the software.
- 5 Grant of Rights and Number of Licenses, Inspection
(1) Upon full payment of the fee, the Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable right, limited to the contract period and restricted to the territory of the Federal Republic of Germany or the country agreed upon, to use the software within the agreed scope. The right to use the software includes, besides downloading and installation, loading the software into memory, displaying, and running the provided software.
(2) The Customer is permitted to reproduce or download the provided software multiple times to the extent required for its contractual use. Reproduction necessary for the contractual use includes, in particular, loading the software into the memory. The Customer is entitled to make a copy for backup purposes (“backup copy”) and mark it accordingly as a backup. This only applies if the software cannot be re-downloaded and the backup fulfils the purpose of safeguarding the software.
(3) Further reproduction beyond the contractual use is not permitted unless otherwise specified by law.
(4) The Customer is not permitted to sell or otherwise transfer the software, including the backup copy, documentation, and accompanying materials, to third parties. An exception to this prohibition is the transfer of the software to third parties who are not granted independent rights of use and who remain under the Customer’s direction regarding the use of the software.
(5) The Customer is not permitted to modify or edit the software unless the modification or editing is necessary to eliminate a defect in the software for which the Provider is in default. This applies only for the duration of the delay.
(6) The Customer is allowed to reverse-engineer the provided object code of the software into other code forms (“decompilation”) and use other methods to gain knowledge of the software’s know-how through observation, examination, dismantling, or testing (“reverse engineering”) only if these measures are strictly necessary to obtain the information required to ensure the interoperability of an independently created computer program. Features of the software, such as copyright notices, serial numbers, or trademarks, must not be removed, altered, or obscured.
(7) The Customer acquires the same rights to modified, extended, or newly created software as to the agreed standard software and in the corresponding functional scope. For extensions beyond this (e.g., function expansions), the Provider may demand appropriate, separately agreed remuneration or limit or exclude the use of such extensions.
(8) To ensure proper use of the software and to maintain a high-quality experience for all Customers, the Provider reserves the right to occasionally check the use of the software. If it is found that the terms are not being complied with, the Provider may take reasonable measures to correct this (e.g., temporary suspension of the software).
- 6 Fees, Due Dates
(1) The amount of the fee is based on the agreement made. The prices quoted are final prices, including the applicable taxes charged by the Provider.
(2) The Customer is obliged to pay the agreed fee for the temporary provision of the software. Unless otherwise agreed, the rent is due monthly in advance from the time the software is provided or used.
(3) Agreed one-time payments are due upon conclusion of the contract.
(4) For entrepreneurs as Customers: a) The Customer is not entitled to offset claims of the Provider unless the Customer’s counterclaims have been legally established or are undisputed; b) The Customer is also entitled to offset against claims of the Provider if the Customer asserts complaints or counterclaims from the same contract.
- 7 Duty of Care
The Customer is obliged to take appropriate precautions to ensure that unauthorized third parties do not gain access to the software, backup copies, documentation, or other accompanying materials.
- 8 Warranty
(1) Subject to any liability limitations, the statutory warranty provisions apply to Customers who are consumers. For entrepreneurs, the following provisions of this section apply:
(2) If the Customer discovers defects in the software or documentation, the Customer must notify the Provider immediately in writing.
(3) The Provider is obliged to remedy the notified defects in the software or documentation within a reasonable period. The Provider has the option of choosing between repair or replacement.
(4) The Customer must provide the Provider with the necessary access to the software and documentation to rectify the defect.
(5) The Customer is not entitled to claim a rent reduction by unilaterally deducting the reduction amount from the ongoing rent. However, the Customer’s enrichment claim to recover any overpaid rent due to a justified reduction remains unaffected.
(6) In case of repeated failure to rectify defects, the Customer is entitled to a reduction, unless the defects are entirely insignificant.
- 9 Liability
(1) The Provider is fully liable:
– in cases of fraud, intent, or gross negligence;
– within the scope of a guarantee explicitly assumed by the Provider;
– for damages resulting from injury to life, body, or health;
– for the breach of essential contractual obligations whose fulfilment enables the proper execution of this software rental contract and on whose compliance the Customer regularly relies and may rely (“cardinal obligations”), but limited to the reasonably foreseeable damage at the time of conclusion of the contract for entrepreneurs;
– under the provisions of the Product Liability Act
– for consumers, also for simple negligence and for defects that existed at the time of contract conclusion.
(2) In all other cases, the Provider’s liability is excluded.
(3) The liability rules in §9 (1) and §9 (2) also apply to the behaviour and claims against the Provider’s employees, legal representatives, and vicarious agents.
(4) The Provider guarantees to the Customer that the software does not infringe the rights of third parties (“infringement of protective rights”). The Provider will indemnify the Customer against all third-party claims for which the Provider is responsible concerning the contractual use of the software, and the Provider will cover the reasonable costs of the Customer’s legal defence. The Customer must inform the Provider of any third-party claims without delay and is not entitled to accept such claims without the Provider’s prior written consent. The indemnification obligation according to this paragraph 4 lapses if the Customer does not inform the Provider of third-party claims promptly, unless unlimited liability under paragraph 1 applies.
(5) A defect is also present if the Customer processes personal data using the software, and the software does not comply with the data protection requirements of the GDPR. If the Customer is held liable for such a defect, paragraph 4 applies accordingly. If indemnification is not possible in external relationships, the obligation applies internally.
- 10 Contract Duration, Termination
(1) The rental agreement comes into effect upon contract conclusion. Unless otherwise agreed in a specific package, it has a fixed term of one year. For entrepreneurs, the contract term will automatically extend by another 12 months unless terminated by one of the parties at the end of the contract term with a notice period of one month. For Customers who are consumers, the contract term will continue indefinitely after the expiration of the notice period and can be terminated with one month’s notice.
(2) The right of both parties to extraordinary termination for cause remains unaffected. A significant cause exists, in particular, if a party breaches an essential obligation of the rental contract through intent or negligence, making it unreasonable for the terminating party to continue the contract.
- 11 Return and Deletion
(1) Upon termination of the rental agreement, the Customer is obliged to cease using the software and to permanently delete the software, all program copies (including backup copies), and all provided documentation, materials, and other documents.
(2) Additionally, the Customer is obliged to completely and permanently delete all installed program copies and any stored documentation from all servers.
(3) Any use of the software after termination of the rental agreement is not permitted.
- 12 Downtime
The Provider is committed to ensuring an average availability of the software servers of 97 percent per year, within the scope of its operational and technical capabilities. To perform updates, technical checks, and maintenance, the Provider is authorized to shut down the software servers. The Customer agrees to all – including short-term and unannounced – shutdowns necessary or useful for technical reasons. The Provider will, where reasonable and feasible, schedule such shutdowns at times when data retrieval is typically low and announce them in advance. On days when no data is provided (e.g., stock market holidays, such as holidays in the USA), no data can be delivered.
- 13 Statutory Right of Withdrawal for Consumers
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 day of contract conclusion.
To exercise your right of withdrawal, you must notify us, TradeNeon FZCO, IFZA Business Park, DDP, Dubai Silicon Oasis, Dubai, United Arab Emirates, mail@tradeneon-academy.com, by means of a clear statement (e.g., a written letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Exclusion or Premature Expiration of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of digital content that is not supplied on a tangible medium (e.g., software for download) if we have begun to execute the contract after you have (i) expressly consented to us starting the execution of the contract before the expiration of the withdrawal period, and (ii) acknowledged that you lose your right of withdrawal by consenting to the contract execution, and (iii) we have provided you with the contract content and your own declaration on a durable medium (e.g., email) within an appropriate period, but at the latest before the beginning of the contract execution or the start of the service provision.
Note on the 7-Day Trial Period
When choosing the free 7-day trial, the execution of the contract begins immediately with the start of the trial period. During this time, the customer may cancel at any time without incurring any payment obligation.
If the customer does not cancel within the trial period, the contract automatically converts into a paid subscription. The right of withdrawal no longer applies at this point, as it has already expired at the start of the trial under the conditions described above.
Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back to us.)
–
To: TradeNeon FZCO, IFZA Business Park, DDP, Dubai Silicon Oasis, Dubai, United Arab Emirates
–
I/We (*) hereby withdraw from the contract concluded by me/us (*) regarding the purchase of the following goods (*)/provision of the following service (*)
–
Ordered on (*)/received on (*)
–
Name of the consumer(s)
–
Address of the consumer(s)
–
Signature of the consumer(s) (only for communication on paper)
–
Date
(*) Delete as applicable.
- 14 Final Provisions
(1) Should any provision of these GTC, or a provision later included, be invalid or unenforceable, in whole or in part, or should a gap in these GTC become apparent, this does not affect the validity of the remaining provisions (“Preservation”). It is the express will of the contractual parties to maintain the validity of the remaining provisions in all circumstances. In place of the invalid or unenforceable provision, or to fill the gap, the valid and enforceable provision that most closely corresponds to what the parties intended, or would have intended, according to the sense and purpose of the contract, shall apply retroactively. If the invalidity of a provision is based on a defined measure of performance or time (“deadline or date”), the provision shall be deemed agreed upon with the legally permissible measure closest to the original one (“Replacement Fiction”). If replacement fiction is not possible, the invalid or unenforceable provision, or the gap, shall be filled by an agreement or regulation made in accordance with the content of the above sentence (“Replacement Obligation”). If the invalidity or gap concerns a provision requiring notarization, the provision or regulation must be agreed upon in a notarized form.
(2) Amendments and supplements to this contract, including this clause, must be in writing unless otherwise specified.
(3) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Dubai, United Arab Emirates. However, the Provider is also entitled to bring an action at the Customer’s general place of jurisdiction. The parties agree that all legal relationships arising from this rental agreement shall be governed by the law of the United Arab Emirates, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (“UN Sales Law”). Statutory provisions restricting the choice of law, jurisdiction, and the applicability of mandatory provisions, particularly of the state in which the Customer as a consumer has their habitual residence, remain unaffected.
(4) The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr (according to Art. 14 (1) ODR Regulation). We are neither willing nor obliged to participate in such dispute resolution proceedings.