Preamble
The following terms of service are the basis for the contractual relationship between Deep Alpha Research UG [liability limitation], Erna-Eckstein-Straße 9, 81245, Munich [Germany], registered in the trade register of the district court of Munich under the number HRB 249658 [subsequently designated as »Deep Alpha Research«] and the person who uses the services offered by Deep Alpha Research. They determine how the platform can be used. With registration on deep-alpha.research.com [subsequently designated as »website«] or usage of the related apps for Android- and iOS-devices [subsequently designated as »apps«], the user agrees to the following terms of service. The use of any service provided by Deep Alpha Research is only possible and allowed when the user has given his consent regarding these terms of service. The privacy policy can be found at: https://www.deep-alpha-research.com/data-protection.
Contract conclusion
The contract between Deep Alpha Research and the user is entered when the user accesses the free platform provided by Deep Alpha Research or when the user signs up for a premium subscription of an application offered by Deep Alpha Research. The given data is stored in our database [on how data is collected and used, please see the privacy policy]. Every user must be at least 18 years old. Users can only have one single account. Multiple registration is not allowed. The registration of a user can be denied with reference to factual reasons, particularly when the user violated the terms of service, in case of identity fraud, when there’s a reasonable suspicion that the user did not declare his/her correct age, the user is responsible for spam or when there is a reasonable suspicion for economic espionage. The user can pay for premium subscriptions to unlock more functions and increase the extent of use of his/her account.
Services offered by Deep Alpha Research
The website and the associated app of Deep Alpha Research analyze financial investments such as stocks, ETFs and Crypto Currencies based on a set of Key Performance Indicators. These indicators allow the user to compare the performance, volatility and sentiment of similar investments accross industries. The algorithms and calculations used by Deep Alpha Research use an extensive historic and real time database to provide a holistic and transparent view on the markekt for the users. Deep Alpha Research UG does not provide financial advise and the services and tools accessible to customers are not intended to be used to predict the performance of investments in the market. Deep Alpha Research defines its business area as: "Deep Alpha Research UG (limited liability) offers consulting services in the field of analytics, with a focus on the development of data analysis products in the financial sector. The services of Deep Alpha Research UG (limited liability) are limited exclusively to consulting in the field of analytics and development of data analysis products that do not fall under the activities subject to authorization according to the KWG or KAGB". Users and customers of the data products offered by Deep Alpha Research acknowledge this fact.
Extent and availability of the services offered
Deep Alpha Research reserves the right to change the structure, the extent and the functionality of the website and the app anytime. If important features which were still available when the contract was concluded, are cancelled, the user has an extraordinary right of dismissal. Deep Alpha Research strives for the highest availability possible. Yet, the availability can be limited due to maintenance work or technical difficulties. With his/her consent to the terms of service, the user agrees to these short-term deficiencies, no matter if they are attributable to Deep Alpha Research or arise from the sphere of influence of third parties. Furthermore, the user is required to use technologies [e.g.,regarding his/her browser, his/her operating system etc.] which are up to date. Otherwise, some services provided by Deep Alpha Research may not be able to be used.
Paid functions / Premium subscriptions / Subscription cancellation
The user has the ability to subscribe to different paid plans. Premium features include additional KPIs, access to real time data and alerts sent to the user's mobile phone or application. The gross price is displayed to the user immediately before the final purchase applies. For payment, PayPal or Stripe can be used. Corresponding to our privacy policy, the user consents to the transfer of his/her data to the mentioned payment service providers which is necessary to execute the order placed. The subscriptions start [with the possibility of immediate use regarding the paid functions] the day after payment. After one month, the subscription is automatically renewed unless it is canceled on time. The period of notice for both parties is three days before the subscription expires. The termination can be submitted via e-mail, fax, or letter or canceled through the user account page on the website. It is necessary that the message includes the full address of the customer or his/her e-mail address, so the termination can be assigned to the correct account in case it is not carried out through the user's account page. In case Deep Alpha Research does not receive any payment when the subscription shall be renewed, the subscription is considered cancelled and Deep Alpha Research will not provide paid functions any longer. Deep Alpha Research reserves the right to terminate the contract without notice for good reason. This includes particularly cases in which the user violated the terms of service in a serious way or used the website for illegal purposes. A termination of the contract without notice is also possible if insolvency proceedings have been opened against the user’s assets. Is the termination filed by Deep Alpha Research due to a reason that is attributable to the sphere of the customer, the customer shall be obligated to compensate for the damage incurred. The paid subscriptions are linked with the respective user-account. The user is obliged to make sure that nobody else has access to his/her account or paid functions. The user’s account remains unaffected by the cancellation of a paid subscription and will not be deleted because of that. If this is desired by the user, a separate informal request is required. Users who have their habitual residence within the European Union may only activate chargeable functions within the European Union. Users with their habitual residence outside the European Union may only purchase chargeable functions in the country of their habitual residence.
Account deletion
The user account can be cancelled and subsequently deleted by the user or Deep Alpha Research anytime. Such deletion can be requested by text or in writing [fax, e-mail, or letter] to Deep Alpha Research. Deep Alpha Research will comply with this request within 48 hours. In this case – as with the cancellation of paid subscriptions – the exact address or e-mail address of the customer is required, so that his account can be assigned without doubt. Conversely, Deep Alpha Research is also obliged to comply with these formal requirements. In case of termination of the account by the user, the claim to any chargeable functional extensions already purchased shall lapse; however, the means of payment shall also no longer be debited on the next billing date. The same applies to a termination on the part of Deep Alpha Research, provided that the user is responsible for the reason for termination. If this is not the case, the user shall be entitled to a refund of the purchase price for the activated chargeable functions, insofar as these can no longer be used.
Further obligations of the user
The user undertakes to provide correct information when registering, in particular with regard to his/her identity. He/she only enters his/her own data and only uses his/her own payment information. If there is any doubt about the information provided, the user will send Deep Alpha Research a copy of the relevant identification documents to enable the company to verify them. If the user fails to comply with this obligation, this shall constitute grounds for extraordinary termination without notice on the parts of Deep Alpha Research. Furthermore, the user assures Deep Alpha Research that he/she can be reached via the e-mail address provided during the registration process, to enable Deep Alpha Research to contact the user if this is necessary for reasons of contract execution. The user grants Deep Alpha Research permission to collect and use data on usage behavior as well as device and network data in a pseudonymous manner in accordance with the privacy policy. This also includes the permission to pass this data on to third party providers for the purpose of matching advertising offers to the user. The user is entitled to object to this procedure by taking the steps specified in the privacy policy. In this case, Deep Alpha Research is entitled to restrict the scope of functions that were previously free of charge. The user is obligated to choose secure access data and not to use this data for other services. If, however, the knowledge of third parties is suspected, he will change the password immediately. The misuse of access information must be reported immediately to Deep Alpha Research. Irrespective of this, he is liable for all damages related to his/her wrongdoing regarding his/her account.
Procedure in the event of a breach of the terms of service
In the event of a violation of these terms of service by the user, Deep Alpha Research is entitled, depending on the severity of the violation, to issue a warning, to block the user temporarily or permanently or to terminate the contractual relationship for cause and to prohibit a repeated registration. If damages occur due to the intentional or negligent breach of duty by the user, the user is obligated to compensate Deep Alpha Research.
Liability of Deep Alpha Research
Only such damages are compensable, which are caused by culpable violation of the major contractual obligations or significant accessory contractual obligations, or which are due to gross negligence or intent on the part of Deep Alpha Research. If the liability is based on the violation of a significant contractual obligation without intent or gross negligence, the liability of Deep Alpha Research is limited to those damages that could have been expected at the time of the conclusion of the contract due to the respective circumstances. Loss of data as well as the recovery of data will only trigger liability if the loss could not have been prevented by regular precautions, in particular the regular [48-hour] making of backup copies. Deep Alpha Research is not liable for the accuracy and timeliness of capital market data obtained from external service providers. Deep Alpha Research does not provide investment advice, but provides a tool to give the user transparency to compare and self evaluate performance metrics of assets across industries. The user remains fully responsible for his investment decisions. Furthermore, the liability does not extend to damages that can bet attributed to the sphere of the user. Liability for consequential damages [in particular: damages to third parties and loss of profit] is excluded. Statutory liability which cannot be waived by contract – e.g., under the German Product Liability Act [Produkthaftungsgesetz] or regarding damages resulting from injury to life, physical integrity, or health – shall not be affected by the limitations of liability mentioned in the terms of service of Deep Alpha Research. All limitations of liability stated in this part of the terms of service also apply to the legal representatives and vicarious agents employed by Deep Alpha Research.
Possibility of changes to the terms of service
Deep Alpha Research is entitled to amend the terms of service at any time. If such a change occurs, Deep Alpha Research will inform the user of this via e-mail. If the user does not object within two weeks, this shall be deemed to be his/her consent in the sense that he/she agrees to the application of the amended conditions to already existing contracts. Again, the period for objection starts the day after the notification e-mail is sent to the user. In this e-mail, the user must be informed of the possibility of objection, the applicable deadline, and the consequences of failure to object. If the user objects, he shall have a contractual right of termination, which entitles him/her to terminate the contract immediately.
Dispute resolution
The EU Commission provides a platform for online dispute resolution (OS platform). This can be found at: www.ec.europa.eu/consumers/odr. Deep Alpha Research is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Applicable law, jurisdiction clause
All contractual agreements between Deep Alpha Research and the contractual partner are subject to the laws of the Federal Republic of Germany. This also applies to users outside of Germany. If the user has his habitual residence in a member state of the European Union, the terms of service do not restrict him/her from invoking mandatory local law or a court jurisdiction that is not at the contractual disposal. If such a case exists, the invalid provision shall be replaced by a provision which is compatible with the law and which comes closest to the economic intentions which the contracting parties originally pursued with the invalid provision. In the event of disputes arising from the contractual relationship, if the contractional partner of Deep Alpha Research is a business as defined in the German Commercial Code [HGB], a legal entity under public law or a special fund under public law, the action must be brought before the court having jurisdiction for the registered office of Deep Alpha Research.
BaFin Registration and Adherence to Standards
Deep Alpha Research adheres itself to the highest standards when calculating metrics and using machine learning to make the financial markets transparent. As such we have registered with the German Federal Financial Supervisory Authority "BaFin" and pledges to uphold the highest industry standards. The list of institute-independent creators of investment strategy and investment recommendations can be found by following the link
Final provisions, severability clause
Any amendment or supplement to the contract must be made in text or written form. The same shall apply to collateral agreements. The text or written form requirement shall also apply to the waiver of the text or written form requirement. If there are differences between the German or English language versions, the German version shall prevail. In case of invalidity or impracticability of a provision before or after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. Invalid or unenforceable contractual provisions shall be replaced by a provision that comes closest to the originally intended provision. This shall also apply if the contract should be incomplete.
Right of withdrawal, scope of application of the right of withdrawal:
Deep Alpha Research grants all users – regardless of whether they are residents of the European Union or not – the consumer right of withdrawal applicable in Germany for paid subscriptions.
Revocation instruction
You have the right to revoke this contract within fourteen days without giving any reason. The right of withdrawal is fourteen days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us [Deep Alpha Research UG [liability limitation], Erna-Eckstein-Straße 9, 81245 Munich, Germany]] by means of a clear declaration [in writing or text form, for example by letter, fax, or e-mail] about your decision to withdraw from this contract. For this purpose, you can use the enclosed sample cancellation form, the use of which is not mandatory, however. To comply with the withdrawal period, it is sufficient if you send off the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If you withdraw from this contract, Deep Alpha Research shall reimburse you all payments received from you, without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless explicitly agreed otherwise with you; in no case will you be charged any fee due to this repayment. If you have requested that the performance of the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already performed up to the point in time at which you notify us of the exercise of the right of withdrawal regarding the contract, compared to the total scope of the services provided for in the contract. Sample cancellation form [to be sent to Deep Alpha Research UG [liability limitation], Erna-Eckstein-Straße 9, 81245 Munich, Germany, or by e-mail to contact@deep-alpha-research.com]: I hereby revoke the contract concluded by me for the purchase of the following goods/provision of the following service [please insert].