General Terms and Conditions

§ 1 General, clientele, contract language

(1) MB OPTIQUANT DYNAMICS LLC- (hereinafter "I") provides customers with certain digital products on the website at https://www.ninjatradingpro.com (hereinafter "Online Presence") against payment of a price. All offers based on orders placed by my customers (hereinafter "Customers") via my Online Presence are subject to these General Terms and Conditions.

(2) I am registered on the platform of elopage GmbH at https://ablefy.io/ (hereinafter "ablefy") and am authorized to offer products or services via this platform (further details under § 2).

(3) You can find information about me here: https://ninjatradingpro.com/impressum/

(4) The services I offer are aimed equally at consumers and entrepreneurs.

For the purposes of these General Terms and Conditions,

(a) a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (Section 13 BGB) and

(b) an entrepreneur is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract (Section 14 (1) BGB).

(5) The customer's general terms and conditions shall not apply, even if I do not separately object to their validity in individual cases.

(6) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.

§ 2 Conclusion of the contract/technical steps up to the conclusion of the contract and correction of input errors/saving of the contract text/subject matter of the service

(1) The presentation of digital products on my online presence does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum). If you click on a product button on my website, you will be redirected directly to my website at ablefy.

(2) By clicking on the "Buy now!" button in the last step of the order process, you submit a binding offer to purchase the digital product displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, but this does not constitute acceptance of your contractual offer. A contract between you and me is concluded as soon as I accept your order by means of a separate e-mail. Please check the SPAM folder of your e-mail inbox regularly.

(3) As part of the ordering process, you can remove the selected digital product at any time. If you have selected a digital product, you will be taken to a page where you can enter your details and then select the shipping and payment method. You can check your details before completing the order process. You can correct your input errors (e.g. regarding payment method or data) by entering your correct data in the relevant field or selecting a different payment method. If you wish to cancel the order process completely, you can also simply close your browser window. Otherwise, after clicking on the confirmation button "Order with obligation to pay", your declaration becomes binding within the meaning of § 3 paragraph 2 of these General Terms and Conditions.

(4) The contractual provisions with details of the agreed services including these General Terms and Conditions and the cancellation policy (in the case of a distance selling contract) shall be sent to the customer by email upon acceptance of the contract offer or upon notification thereof. I do not store the contractual provisions.

(5) A claim to access to the purchased digital product only exists after payment has been made, in the case of payment in installments with payment of the first installment. After payment by the customer, the digital product will be activated by me so that the customer can use the digital product.
I expressly point out that I do not guarantee or owe any specific success for my digital products and assume no liability in this regard.

(6) I provide the customer with

https://myablefy.com/s/mboptiquantdynamics

and other subpages of this website
provide digital products (so-called automated trading robots as software + daily lives).

The digital products are not distance learning within the meaning of Section 1 (1) of the German Distance Learning Protection Act (FernUSG). Distance learning in the aforementioned sense is the teaching of knowledge and skills for a fee on a contractual basis, in which the teacher and the learner are exclusively or predominantly physically separated and the teacher or his representative monitors the learning success. I do not monitor the learning success in this way.

Please note:

I neither broker transactions relating to the purchase and sale of financial instruments (investment brokerage) nor do I make personal recommendations within the meaning of Article 9 of Delegated Regulation (EU) 2017/565) to clients or their representatives relating to transactions in certain financial instruments (investment advice).

This means in particular that my services do not include any of the actions listed below:

aa) no forwarding of a declaration of intent by the investor to conclude a transaction on the acquisition and sale of financial instruments to the seller of a financial instrument;

bb) no targeted promotion of the investor's willingness to conclude a transaction for the purchase and sale of financial instruments with a third party;

cc) no information procurement with regard to the profitability of a capital investment and the creditworthiness of the investment provider;

dd) no examination of the plausibility of the investment concept and its economic viability; no advice with regard to the characteristics and risks of a capital investment that are or may be materially significant for a client's decision;

ee) no correction of any inaccuracies or inconsistencies in an investment concept;

ff) no evaluation of any publications in the press;

gg) no expert economic valuation and assessment of the investment;

hh) no answers to all questions arising for the customer, in particular no clarification of the customer's personal financial circumstances, investment objectives, knowledge of investment transactions or previous experience with investments;

ii) not making personal recommendations to clients or their representatives relating to transactions in certain financial instruments.

In addition, I do not manage individual or multiple assets invested in financial instruments for others with discretionary powers (financial portfolio management).

Customers who make investment and/or investment decisions by purchasing my digital products do so at their own risk and peril. It is the sole responsibility of the customer to inform himself fully before making such a decision or to seek advice from appropriate financial experts, in particular on the question of a total loss of capital invested by the customer.

(7) If the customer is a consumer and has purchased the digital product using exclusively means of distance communication (e.g. by e-mail or Internet), he/she has a right of withdrawal (cf. § 7).

 

§ 3 Duration of contract/termination

(1) The duration of the contract and the time of performance shall be determined by the specific agreements between me and the customer.

(2) The right to terminate the contract for good cause remains unaffected by this. An important reason exists for me in particular if

a) the customer culpably breaches an obligation to a considerable extent and does not remedy this breach within a reasonable period set by us; or
b) the customer is insolvent.

§ 4 Registration, responsibility for access data, updating access data

(1) You can open an account on my online presence. There is no entitlement to the opening of an account. I am entitled to reject applications to open an account without giving reasons.

(2) Customers are only permitted to register if they are of legal age and have unlimited legal capacity. Minors are not permitted to register. In the case of a legal entity, registration must be carried out by a natural person with unlimited legal capacity and power of representation.

(3) The contact details and other information requested by me during the registration process must be provided completely and correctly by the customer.

If the customer wishes to cancel the registration process completely, they can simply close their browser window. Otherwise, the declaration regarding the opening of the account is binding for the customer.

(4) After the customer has provided all the data requested, I will check it for completeness and plausibility. If the information is correct from my point of view and there are no other concerns, I will activate the access requested by the customer and notify the customer of this by e-mail. The e-mail is deemed to be acceptance of the customer's opening request. Upon receipt of the e-mail, the customer is authorized to use his account within the scope of these General Terms and Conditions. For this purpose, the customer must confirm his activation in advance by clicking on the link contained in the e-mail.

(5) During the registration process, the customer will be asked to provide a user name and password. With this data, the customer can log in to my online presence after his access has been activated and confirmed in accordance with (4). It is the customer's responsibility to ensure that the user name does not infringe the rights of third parties, in particular name or trademark rights, and does not offend common decency.
The access data, including the password, must be kept secret by the customer and not made accessible to unauthorized third parties.
It is also the customer's responsibility to ensure that the account is accessed exclusively by the customer himself or by a person authorized by him. If there is reason to fear that unauthorized third parties have gained or will gain knowledge of the customer's access data, I must be informed immediately.

The customer shall be liable for any use and/or other activity carried out under his access data in accordance with the statutory provisions.
(6) The customer is obliged to keep his data (including his contact data) up to date. If a change to the data provided occurs during the customer's registration period, the customer must correct the information immediately on the online presence in his personal settings. If the customer is unable to do so, please inform me immediately by e-mail of the changed data.
(7) Registration is free of charge.

§ 5 Disability/force majeure

(1) If I see myself hindered in the execution of an order by circumstances of any kind, I shall inform the customer of this in writing in good time. If I am not responsible for the impeding circumstances, the contracting parties shall agree on an appropriate postponement of the agreed service. If no written notification is given in good time, I cannot subsequently invoke these circumstances.

If no agreement is reached between me and the customer, the customer is entitled to withdraw from the contract and any payments already made will be refunded.

(2) In cases of force majeure, the affected contracting party shall be released from the obligation to perform for the duration and to the extent of the impact.
Force majeure is any event beyond the control of the respective contracting party which prevents it from fulfilling its obligations in whole or in part, including fire damage, floods, strikes and lawful lockouts as well as operational disruptions or official orders for which it is not responsible.
The affected contracting party shall immediately notify the other contracting party of the occurrence and cessation of the force majeure and shall use its best endeavors to remedy the force majeure and to limit its effects as far as possible.
In the event of force majeure, the contracting parties shall agree on the further procedure and determine whether, after its termination, the services not performed during this period shall be subsequently delivered. Notwithstanding the foregoing, either party shall be entitled to cancel the orders affected thereby if the force majeure lasts for more than four weeks from the agreed date of performance. The right of each contracting party to terminate the contract for good cause in the event of prolonged force majeure shall remain unaffected.

§ 6 Terms of payment

(1) The current prices quoted by me shall apply. All prices are in euros and are to be understood as total prices including the respective statutory VAT.

(2) Payment is made via our payment service provider ablefy, which provides various payment options.

(3) The following payment methods are offered:

- PayPal:
Payment via PayPal requires your registration, authorization by entering your access data and confirmation of the payment instruction to us. Corresponding information will be made available to you during the order process

- Credit card
- Prepayment
- Sofort
- Google Pay
- Przelewy24
- IDEAL
- Purchase on account.

In principle, the receivables are due after the order is placed. In the case of purchase on account, the claim is due within 14 days of receipt of the invoice. The due date also depends on which payment method the customer chooses.

(4) In the event that the customer fails to pay by the due date, interest shall be charged on the outstanding amounts from the due date at 5% points above the prime rate; if the customer is an entrepreneur, interest shall be charged on the outstanding amounts from the due date at 9% points above the prime rate. The right to claim higher interest and further damages in the event of default remains unaffected. If the internal dunning process is unsuccessful, I may hand over the outstanding debt to a lawyer or a debt collection agency for collection. In this case, the customer will incur costs for the use of legal representation.

(5) If the customer is in arrears with the payment of at least one monthly installment, I am entitled to demand immediate payment of all outstanding monthly installments including the interest accrued up to that point.

(6) Should the customer be in default of payment or otherwise in arrears, I shall be entitled to refuse performance or delivery until all payments due have been made. Furthermore, I am entitled to withhold, interrupt, delay or completely discontinue services without being obliged to compensate for any damage incurred. These rights shall apply without prejudice to any other contractually agreed or statutory rights and claims of mine.

(7) Offsetting against counterclaims of the customer or the withholding of payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established or arise from the same order under which the service in question was provided.

§ Section 7 Right of withdrawal
In the case of contracts concluded outside business premises and distance contracts, you as a consumer have a right of withdrawal in accordance with the following instructions.

 

Right of withdrawal (digital products)

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must send us

MB OPTIQUANT DYNAMICS LLC
30 N GOULD ST STE N
SHERIDAN, WY, 82801
USA
E-mail: usa@ninjatradingpro.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can 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 supplementary 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 in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
Special information
The right of withdrawal expires in the case of a contract for the delivery of digital content not on a physical data carrier even if the entrepreneur has begun to execute the contract after the consumer has withdrawn from the contract.

1. has expressly consented to the trader commencing performance of the contract before expiry of the withdrawal period,
2. has confirmed his knowledge that he loses his right of withdrawal by consenting to the commencement of performance of the contract and
3. the trader provides the consumer with a confirmation that meets the requirements of Section 312 f BGB.

End of the withdrawal policy

 

Sample withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it to us).

- To

MB OPTIQUANT DYNAMICS LLC
30 N GOULD ST STE N
SHERIDAN, WY, 82801
USA
E-mail: usa@ninjatradingpro.com

- I/we (°) hereby give notice that I/we (°) withdraw from my/our (°) contract of sale of the following goods (°)/for the provision of the following service (°)
- Ordered on (°)/received on (°)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for notification on paper)
- Date

(°) Delete as appropriate.

§ 8 Copyright, granting of rights (license)

(1) I am the owner of the copyrights and other industrial property rights to the digital content specified in § 2 (1) and reserve all rights unless these have been expressly granted to the customer in these General Terms and Conditions.

I grant the customer the non-exclusive right to use the booked services or the purchased digital products according to my specifications for the term of the contract.

In particular, the customer is prohibited from reproducing or otherwise modifying the digital product in whole or in part, granting sublicenses to third parties or publicly reproducing it by wire or wireless means (in paper or digital form), including making it available to the public in such a way that it is accessible to members of the public from places and at times of their choice. The customer is also prohibited from decompiling, disassembling or reverse engineering the digital product, unless the customer is entitled to do so under relevant mandatory copyright law.

The right of use is not transferable to other persons. The customer is prohibited from circumventing technical measures to protect the digital product.

The granting of rights shall only become effective in accordance with Section 158 (1) BGB when the customer has paid the remuneration or price owed in accordance with Section 6 of these General Terms and Conditions in full or, in the case of an installment payment agreement, pays the respective installments on time. I may also provisionally permit use of the subject matter of the contract before this time. Such provisional permission shall not constitute a transfer of rights under this paragraph.

§ 9 Confidentiality

The parties undertake to treat all information and documents that they receive from the other party in connection with the performance of the contract as confidential and to use them only for contractually agreed purposes. Information and documents of the other party may only be disclosed or made accessible to those persons who require the information and documents to fulfill the contract and who have themselves been contractually bound to confidentiality. Any disclosure of information and documents of the other party to third parties requires the prior written consent of the other party.

 

§ 10 Access to digital products

Digital products are provided to the customer exclusively in electronic form by activation.

The customer receives the access data for the digital product by e-mail after payment has been made.

 

§ 11 Warranty

(1) During the statutory warranty period, I warrant that the functionality of the digital product essentially corresponds to the specification of the digital product.

(2) In the event of a warranty claim, I shall, at my own discretion, remedy defects in the digital product by rectifying errors, procuring replacements, updates or releases of a new version of the digital product. I am entitled to two attempts at rectification. If I am unable to rectify the defects within a reasonable period of time, the customer shall be entitled to a reduction in payment ("reduction"). If the defect is significant, the customer is also entitled to withdraw from the contract instead of reducing the price.

(3) The customer is not entitled to any warranty rights,

- if he does not use the digital product as intended or misuses it, or
- if he modifies or changes the digital product without my prior written consent, or
- if problems or errors are due to the fact that the digital product was used with programs that are not compatible with the digital product,

unless the customer proves that the defect is attributable to the digital product.

(4) Insofar as the customer is entitled to compensation for damages or reimbursement of futile expenses on the basis of the warranty, this shall be subject to the limitation of liability set out in § 12 below.

§ 12 Limitation of liability

(1) I am not liable for damages, delays or impediments to performance that lie outside my area of responsibility.

(2) I shall not be liable for damage caused by unsuitable, improper or unintended use of the digital product.

(3) Regardless of the legal grounds, I shall only be liable for damages caused intentionally or by gross negligence or in the event of culpable breach of a material contractual obligation or cardinal obligation or in the event of non-fulfillment of a guarantee or if a defect was fraudulently concealed by me.

A "cardinal obligation" within the meaning of this provision is an obligation of mine, the fulfillment of which makes the proper execution of the contractual relationship between the parties possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the customer regularly relies.

(4) In the event of a breach of a material contractual obligation or cardinal obligation due to simple negligence, my liability shall be limited to the typically foreseeable damage.

(5) Any further liability on my part is excluded. The above exclusions of liability shall not apply in the event of culpable injury to life, limb or health. Liability under the German Product Liability Act remains unaffected by these General Terms and Conditions.

(6) The above limitations of liability shall also apply in favor of any legal representatives and vicarious agents involved.

(7) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, I am not liable for the constant and uninterrupted availability of my online presence.

 

§ 13 Data protection

(1) It is part of my quality standards to handle the personal data of customers (this data is hereinafter referred to as "personal data") responsibly. I will therefore only collect, store and process the personal data resulting from the contractual relationship insofar as this is necessary for the contractual provision of services and is permitted by law or ordered by the legislator. I will treat the customer's personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass it on to third parties.
(2) Beyond this, I will only use the customer's personal data if the customer has expressly consented to this. Consent given by the customer can be revoked at any time.
(3) The customer is aware that for the implementation of pre-contractual measures and fulfillment of the contractual relationship, the collection, processing and use on the basis of Art. 6 para. 1 lit. b) GDPR, among other things, of his name, consumer or entrepreneurial status, address, e-mail address, telephone number and e-mail address. entrepreneurial status, address, date of birth and bank details are required.
(4) I will comply with the relevant statutory provisions, in particular the General Data Protection Regulation (GDPR), with regard to the customer's personal data.
(5) For the rest, I refer to my privacy policy: https://ninjatradingpro.com/datenschutz/

 

§ 14 Final provisions

(1) Unless expressly stated otherwise in these General Terms and Conditions, all declarations must be made in writing or by e-mail. My e-mail address is: usa@ninjatradingpro.com
My postal address is:

MB OPTIQUANT DYNAMICS LLC
30 N GOULD ST STE N
SHERIDAN, WY, 82801
USA
E-mail: usa@ninjatradingpro.com

I reserve the right to change the contact details. In the event of such a change, I will inform the customer accordingly.

(2) The contract existing between me and the customer is subject to the law of the State of Wyoming to the exclusion of the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions. However, if the customer is a consumer and has his habitual residence in another state, he shall be protected by the relevant provisions of the state of residence, which may not be deviated from by agreement.

(3) If the customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Sheridan, Wyoming shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, I or the customer may bring an action before any court having jurisdiction by law.

(4) I would like to point out that as a consumer, in addition to the ordinary legal process, you also have the option of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr.

My e-mail address is: usa@ninjatradingpro.com. In accordance with § 36 VSBG, I would like to point out that I am not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.

(5) Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes closest to the economic intentions of the parties.

November 2024