General Terms and Conditions (subsequently “GTC”) of PlentyTrade GmbH (subsequently “PlentyTrade”) for registered users on the website PlentyTrade.com and its subdomains.
PlentyTrade is an online platform (subsequently referred to as a “platform” and / or “website”) which provides registered users (subsequently “users”) with information on the trading of computer-generated trading systems.
Users can use the platform to conduct virtual exchange transactions and record their results. If the user decides to rent or purchase our software (subsequently referred to as “Plenty EA”), the results that are recorded in the respective account in which the Plenty EA was installed will be recorded on our website.
On the basis of these terms and conditions (GTC) comes between the customer and PlentyTrade GmbH
Represented by Kai, Skoruppa
Address: Stangendorfer Hauptstr. 54 B 08132 Mülsen
Email address: email@example.com
Commercial Register: Chemnitz
Commercial Register Number: 31171
VAT identification number: DE301702494,
hereinafter referred to as provider, the contract concluded.
1. Scope of application
2. Risk Notice
2.1 The usage of trading systems and signals, as well as foreign exchange trading and trade in financial products at large, is associated with high financial risks. Please note that due to these high risk factors, investments in derivatives (CFDs, futures and options) and forex (FOREX) are only suitable as a supplement to your conservative investments.
2.2 We strongly advise you not to carry out transactions in derivatives or foreign exchange without having collected sufficient information and knowledge about the topic in advance. The use of semi-automatic and fully automatic trading programs and trading software cannot eliminate the risk of a total loss of your investments and, depending on the chosen position, the unlimited margin for additional funding.
2.3 It should be noted that positive past results cannot be a guarantee for positive future developments. PlentyTrade makes no guarantee that the use of the signals or the trading systems will lead to profits.
2.4 The content, research, data, and the offered products on the website www.plentytrade.com as well as their subpages or subdomains, in particular software for the use of trading signals, do not constitute a purchase or sale recommendation, but are solely designed as information materials. It is also not intended as investment advice within the meaning of the Securities Trading Act (WpHG).
2.5 If the user decides to use one of the trading systems, trading software or signals for trading provided by PlentyTrade, it is done at the user’s own risk. PlentyTrade assumes no liability for this.
3. Registration / User profile
To use PlentyTrade, you will need to register on the website to open a user account and create a user profile. Registration is free of charge.
3.1 Registration is permitted to every fully legally competent and natural person.
3.2 The data requested by PlentyTrade at the time of registration must be entered completely and correctly, if and to the extent that it is not marked as optional information.
3.3 The user is required to update the relevant settings immediately upon changes to any (personal) data that is relevant for the use of the website.
3.4 PlentyTrade will immediately confirm the receipt of the data submitted with the registration via e-mail to the e-mail address registered by the user at the time of registration. The registration will only be complete when the user confirms the registration by clicking the link (Double-Opt-In) included in the email. The contract for the use of the PlentyTrade platform takes effect upon clicking the provided link.
3.5 In order to prevent misuse, the user commits to keeping his access data secret.
3.6 There is no right to the execution of a user contract. PlentyTrade can refuse registration without giving reasons.
3.7 If a user decides to subscribe to Plenty EA, a connection to the software is only possible if the customer enters his account number on the website. A password is not required. PlentyTrade and its employees will never ask for passwords, either by telephone or email.
4. Termination / Cancellation
4.1 If the user does not wish to use the PlentyTrade platform any further, he can terminate the user contract at any time without giving reasons and without observing a notice period. To terminate a contract the user is required to send an email from the registered email address to firstname.lastname@example.org with the subject “termination”.
4.2 PlentyTrade may also terminate a user contract without stating reasons and without observing a notice period. The notice of termination will be sent by e-mail to the registered e-mail address of the respective user. The right to terminate for good cause as well as the right to block a user in accordance with clause 6.2 of these general terms and conditions remains unaffected.
5. Subject and scope of services
5.1 PlentyTrade provides users with the PlentyTrade platform to use the following free services on the website: i.a. creating a profile; opening a virtual user account and handling virtual transactions; inspection of rankings; setting up trades etc.
5.2 PlentyTrade is entitled to entrust third parties with the provision of parts of the services or the entire service.
5.3 PlentyTrade reserves the right to change, restrict, terminate or discontinue previously free of charge services (to be continued as payment-based services) described in section 5.1 above.
5.4 No further contractual relationship exists between PlentyTrade and the user beyond the conclusion of this user agreement. Particularly, usage of the services described in section 5.1 above does not result in a contractual relationship (such as a ratification or information agreement). Further regulations become valid if the user agrees to them.
5.5 The information provided on the platform does not allow any conclusions to be drawn as to the actual market situation.
5.6. If the user decides to subscribe to the Plenty EA, reference is made to the product description of the offer page.
6. Use of the platform
6.1 The contents and services provided on the platform are copyrighted and may not be duplicated, published or used, even partially, without the express written permission of PlentyTrade. This also applies to downloading, distribution or storage of the contents, except for caching when visiting the website.
6.2 If the user violates the user obligations and/or if misuse of the provided functions and contents is suspected, PlentyTrade is always entitled to temporarily or permanently block the access of a user to the platform without prior notice, as well as to pass on personal data to third parties to the extent that statutory provisions or orders require PlentyTrade to do so. In the event of blocking of an account, PlentyTrade is not obliged to disclose any information to the user. PlentyTrade is entitled to assert damage claims against the user if the statutory requirements are met.
6.3 The user obliges to give a confirmation in case he has the right to use the provided contents and to make them accessible to the public via the Internet or similar services.
7.1 The user is always free to use the PlentyTrade website at any time. However, there are no access claims. PlentyTrade reserves the right to restrict the availability of the platform or suspend it for a temporary period of time (e.g. for maintenance reasons). Although PlentyTrade strives to keep the platform as well as individual services available at all times, no guarantee can be provided. This also applies in particular to services which PlentyTrade receives from third parties. The quality of access to the internet and data traffic is dependent on circumstances which PlentyTrade has no influence on and which PlentyTrade therefore cannot guarantee, either. In particular, PlentyTrade is not liable in cases of disruption of the quality of access to the internet and/or data traffic on account of force majeure and of events which are not the responsibility of PlentyTrade and which make the delivery of services by PlentyTrade substantially more difficult or impossible.
7.2 Identification of users on the internet is only possible to a limited extent. PlentyTrade can therefore not rule out the possibility that false information will be given at the time of registration. PlentyTrade does not guarantee the actual identity of a user.
8. Conclusion of contracts / contract duration
8.1 Our prices and offers are non-binding and free of charge.
8.2. The offer for the conclusion of a contract is only made by the buyer through their online order. The buyer will be immediately informed of the order receipt via e-mail. The order process for concluding the contract includes the following steps:
- Selection of the subscription
- Input of personal data
- Selection of the payment service provider
- Order with costs
The order of the service is chargeable. There are costs, depending on the product, which can be found in the product description.
About the order of the subscription will be informed by email. By sending the order confirmation the contract is concluded.
8.3. In the order confirmation, the buyer is referred to their right of revocation.
8.4 The term of the subscription can be found in the product description. The term is valid from the day of order and tacitly automatically extended by a further until then used term, if the customer does not finish before the beginning of the new period. The Buyer may send termination to email@example.com by e-mail with the subject “Termination” 5 business days before the subscription expires.
9. Revocation right
9.1 A buyer has a fourteen-day revocation right.
9.2 After the order process, the buyer is informed of their right of revocation and can still make use of it as long as they have not yet begun to download the software.
9.3 The right of revocation according to § 356 Abs. 5 BGB expires when the buyer starts with the software download.
9.4 If a buyer make use of their right of revocation, before downloading the software, he must make a clear statement to PlentyTrade via e-mail.
9.5 After the legitimacy of the revocation has been reviewed, the subscription fee will be refunded immediately to the buyer. This will take place within a reasonable time span, but at the latest within 7 working days.
9.6 For refunds, we use the same payment method as was being used in the original transaction. In case of a refund, no fees will be charged.
10. Termination of the service
10.1 When purchasing the software with a period of 3 months, no new signals will be forwarded after the end of the period. However, existing positions can be managed via the PlentyTrade platform or in the broker account of the customer. We inform the user in advance by e-mail about the end of the period.
10.2 When purchasing the software with unlimited use, the user can use it as long as the PlentyTrade GmbH maintains its offer. In the event of a bankruptcy of the company, all users are informed in good time that the use of the software at a date to be specified is no longer possible. The user then has to independently remove the software from his broker account.
10.3 If a user receives the software sponsored by a broker, no new signals will be forwarded after the end of the period. However, existing positions can be managed via the PlentyTrade platform or in the broker account of the customer. We inform the user in advance by e-mail about the end of the period.
11. Force majeure and technical problems
11.1 PlentyTrade is exempt from the obligation to provide services in cases of force majeure. Force majeure is defined as any unforeseen events as well as events whose effects on the contract fulfillment are not the responsibility of any party. These events include, in particular, official measures, failure of communications networks and gateways of other parties, disturbances in the area of service providers and other technical faults. The customer hereby indemnifies PlentyTrade from all claims by third parties. The user does not have the right to claims for damage compensation or any other claims in the case of failures not attributable to PlentyTrade.
11.2 PlentyTrade is not liable for direct or indirect damages resulting from technical problems, server failure, data loss, transmission errors, data uncertainty or other reasons, unless intent or gross negligence can be proven.
12.1 PlentyTrade assumes no liability for the use and contents of the website in countries where this offer is inconsistent with the applicable laws or regulations.
12.2 The user agrees that PlentyTrade is not to be liable for any loss or damage caused by non-availability of the website.
12.3 The liability of PlentyTrade for its own negligence and the fault of its subcontractors is limited to intent and gross negligence, regardless of the legal basis.
13. Exemption from liability by the user
13.1 In the event of PlentyTrade being called upon by third parties, the user is obliged to communicate without delay, truthfully and completely all the information that is available to them and necessary for an assessment of claims as well as a defense. Any further damage claims by PlentyTrade against the user remain unaffected.
The user can offset against any claims of PlentyTrade against the user only based on undisputed or legally established claims.
Payment can be made by credit card (MasterCard, VISA, Maestro, American Express or Diners Club).
15.1 Payment by credit card: You pay directly in the ordering process by entering your credit card information. Your credit card will be charged the specified amount. Settlement is via a third party.
16. Alteration of the general terms and conditions
PlentyTrade reserves the right to amend any regulations of these terms and conditions at any time without giving reasons. The customer will be informed about the changes in good time by email.
17. Final clause
17.1 In the event of doubt, these conditions also remains binding in the case of legal invalidity of one or more regulations in other parts. Should regulations be or become invalid in whole or in part, a regulation shall be made substitute which will correspond as closely as possible to the economic purpose of the invalid regulation.
17.2 Laws of the Federal Republic of Germany shall apply exclusively. For consumers, this applies only insofar as this does not restrict any statutory provisions of the state in which the customer has his domicile or habitual residence.
17.3 The place of performance for all services of PlentyTrade is Mülsen, Saxony, Germany.
17.4 Jurisdiction is Zwickau, Saxony, Germany.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.