Terms of Service
Acceptance of Terms
By accessing and using 5amscoop, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
Platform Purpose
5amscoop is a service that provides daily stock market summaries via email. Our platform aggregates and presents market data for informational purposes only. We do not provide financial advice, investment recommendations, or trading strategies.
Acceptable Use
You agree to use 5amscoop only for lawful purposes and in accordance with these Terms of Service. You agree not to:
- Use the service in any way that violates any applicable law or regulation
- Attempt to gain unauthorized access to any portion of the service
- Interfere with or disrupt the service or servers connected to the service
- Use automated systems to access the service without permission
- Transmit any viruses, malware, or other harmful code
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
Intellectual Property
The service and its original content, features, and functionality are owned by 5amscoop and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our service without our prior written consent.
Data Accuracy Disclaimer
While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the service.
Market data may be delayed, incomplete, or inaccurate. Any reliance you place on such information is strictly at your own risk.
Limitation of Liability
As a provider of information services, 5amscoop shall be liable for damages only in accordance with the provisions set out below. Our liability is limited to cases of intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit). In cases of slight negligence (leichte Fahrlässigkeit), we shall only be liable for breach of essential contractual obligations (Kardinalpflichten), the fulfillment of which is essential for the proper execution of the contract and on whose compliance you may regularly rely. In such cases, our liability is limited to the compensation of foreseeable, typically occurring damage.
The above limitations of liability do not apply to injury to life, body, or health, or in cases where we have given a guarantee or in cases of mandatory statutory liability under the German Product Liability Act (Produkthaftungsgesetz).
We are not responsible for any investment losses or decisions made based on information provided by our service. You acknowledge that all investment decisions are made at your own risk.
Service Communications
By creating an account, you agree to receive service-related communications from 5amscoop, including but not limited to daily stock market summaries, account notifications, and important service updates. These communications are necessary for the operation of your account and the delivery of our service. Our newsletters are personalized based on your selected stocks and preferences to provide you with relevant market information.
Our service is supported by advertising. By using 5amscoop, you agree that your experience may include sponsored content or advertisements within our newsletters and platform.
For detailed information about marketing communications, advertising, consent management, and your rights regarding data processing, please refer to our Privacy Policy.
Account Termination
You may terminate your account at any time by contacting us or using the unsubscribe feature in our emails. Termination will take effect immediately upon receipt of your termination request.
We reserve the right to terminate or suspend your account and access to the service for good cause (wichtiger Grund), including but not limited to:
- Breach of these Terms of Service
- Violation of applicable laws or regulations
- Fraudulent, abusive, or illegal activity
- Non-payment of fees (if applicable in the future)
In case of termination by us for good cause, we will provide notice where legally required. For consumers, termination without notice is only permitted in cases of serious breach that makes continuation of the contract unreasonable.
Upon termination, your right to use the service will immediately cease. We will delete or anonymize your personal data in accordance with our Privacy Policy and applicable data protection laws.
Consumer Rights
If you are a consumer (Verbraucher) within the meaning of German law, you have certain rights under European and German consumer protection legislation. These include, but are not limited to:
- Right of withdrawal: As our service is a digital service that begins immediately upon account creation, you may lose your right of withdrawal once performance has begun with your express consent. However, you may terminate your account at any time.
- Right to information: You have the right to receive clear and comprehensible information about our service, prices, and terms before entering into a contract.
- Right to data protection: Your personal data is protected under the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). For more information, please see our Privacy Policy.
If you are a consumer, the mandatory provisions of German consumer protection law shall apply regardless of any choice of law clause.
Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
If you are a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or relating to these terms or the service shall be Berlin, Germany.
If you are a consumer (Verbraucher) within the meaning of German law, you may bring legal proceedings in relation to these terms either in the courts of the jurisdiction in which you are domiciled or in the courts of Berlin, Germany. We may bring legal proceedings against you in the courts of the jurisdiction in which you are domiciled.
Notwithstanding the above, if you are a consumer domiciled in the European Union, you also benefit from any mandatory provisions of the law of the country in which you are domiciled. Nothing in these terms affects your rights as a consumer to rely on such mandatory provisions of local law.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.
What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms.
Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can access at https://ec.europa.eu/consumers/odr/. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but we are willing to do so.
If you are a consumer domiciled in the European Union, you may also contact the consumer arbitration board responsible for your place of residence or the consumer arbitration board at our registered office in Berlin, Germany.
Contact
If you have any questions about these Terms of Service, please contact us at [email protected].
For company information and registration details, please see our Imprint.