Terms of Service (AGB)

Last updated: February 17, 2026

§ 1 Scope of Application

The following Terms of Service apply exclusively to the business relationship between Noesis Analytics, Claire Christianus, Egon-Eiermann-Allee 1, 76187 Karlsruhe, Germany (hereinafter "Provider") and the customer (hereinafter "Customer") in the version valid at the time of the order.

§ 2 Subject of the Contract

The Provider develops and sells professional trading tools and analysis software (e.g., "StatLevels Suite", "Margin-9"). These are digital products delivered as software licenses and digital content within the meaning of §§ 327 ff. BGB.

§ 3 Risk Disclosure

§ 4 Conclusion of Contract

The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum). By placing an order, the Customer submits a binding offer. The contract is concluded when the Provider confirms the order or delivers the digital content.

§ 5 Prices and Payment

All prices are final prices. For customers within the European Union, prices include the applicable statutory value-added tax (VAT). For customers outside the EU, applicable taxes may be calculated at checkout based on the customer's location. Payment is processed via the offered payment service providers (currently Stripe).

§ 6 Provision of Digital Content

The software license keys will be made available to the Customer for download or via email after successful payment. Delivery is deemed complete upon the provision of the license key and/or download access.

§ 7 Conformity and Updates (Digital Content Obligations)

7.1 The Provider warrants that the software conforms to the agreed specifications at the time of delivery in accordance with § 327e BGB (subjective requirements, objective requirements, and integration requirements).

7.2 For subscription-based licenses, the Provider will provide necessary security and functionality updates for the duration of the subscription period. For one-time purchases (including lifetime licenses), the Provider will provide updates for a reasonable period as determined by the nature of the digital product.

7.3 In the event of a defect, the consumer is entitled to cure (Nacherfüllung) in accordance with § 327i BGB. If cure fails or is unreasonable, the consumer may reduce the price or terminate the contract in accordance with §§ 327l, 327m, 327n BGB. The statutory burden of proof rules under § 327k BGB remain unaffected.

§ 8 Limitation of Liability

8.1 Unlimited liability. The Provider has unlimited liability for:

• damages arising from injury to life, body, or health caused by negligent or intentional breach of duty by the Provider, its legal representatives, or vicarious agents;
• damages caused by intentional or grossly negligent breach of duty;
• damages arising from fraudulently concealed defects;
• liability under the German Product Liability Act (Produkthaftungsgesetz);
• any other cases where mandatory statutory liability applies.

8.2 Essential contractual obligations. For breach of essential contractual obligations (Kardinalpflichten) caused by slight negligence, the Provider's liability is limited to the foreseeable, contract-typical damage. Essential contractual obligations are obligations whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the Customer may regularly rely.

8.3 Exclusion in other cases. In all other cases of slight negligence, liability is excluded.

8.4 Vicarious agents. The above limitations apply equally to the personal liability of the Provider's employees, representatives, and vicarious agents.

8.5 Trading losses. The Provider is not liable for financial losses incurred through trading decisions made by the Customer, regardless of whether the Customer utilized the software in connection with such decisions. The software is a technical tool; all trading activity is conducted at the Customer's sole risk and responsibility. This limitation does not affect the mandatory liability provisions in § 8.1.

8.6 Third-party systems. The Provider is not liable for disruptions, outages, or errors caused by third-party systems, including but not limited to trading platforms, data feeds, internet infrastructure, or operating systems, except to the extent that the Provider has assumed an explicit guarantee or liability is mandatory under § 8.1.

§ 9 Right of Withdrawal

The consumer's right of withdrawal is governed by the separate Refund Policy (Right of Withdrawal). In the case of digital content not supplied on a tangible medium, the right of withdrawal may expire early if the consumer has expressly consented to the beginning of performance and acknowledged the loss of the right of withdrawal, in accordance with § 356 Abs. 5 BGB.

§ 10 Data Protection

The processing of personal data is governed by the Provider's Privacy Policy.

§ 11 Final Provisions

11.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers habitually resident in another EU Member State, the mandatory consumer protection provisions of that Member State remain applicable in accordance with Art. 6(2) of Regulation (EC) No 593/2008 (Rome I).

11.2 If the Customer is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the place of jurisdiction is the registered office of the Provider.

11.3 The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. The Provider is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

11.4 Should any provision of these Terms of Service be or become invalid, the validity of the remaining provisions shall not be affected.