General Terms and Conditions

§ 1 General, customer base, contract language
(1) MB OPTIQUANT DYNAMICS LLC– (hereafter ‘I’) provides customers with certain digital products on the website https://www.ninjatradingpro.com (hereafter ‘online presence’) in return for payment of a price. All offers based on orders from my customers (hereinafter ‘customers’) via my online presence are subject to these terms and conditions.
(2) I am registered on the elopage GmbH platform at https://ninjatradingpro.thrivecart.com (hereinafter ‘thrivecart’) and am entitled 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) My range of services is 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 acts in the course 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 specifically object to their validity in individual cases.
(6) The only language available for concluding the contract is German. Translations of these terms and conditions into other languages are provided for your information only. In the event of any differences between the language versions, the German text shall take precedence.

§ 2 Conclusion of contract/technical steps up to the conclusion of the contract and correction of input errors/storage of the contract text/subject matter of the contract
(1) The presentation of the digital products on my online presence does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum). If you click on a product button on my website, you will be immediately redirected to my website at thrivecart.
(2) By clicking the ‘Buy Now!’ button in the last step of the ordering process, you are making a binding offer to purchase the digital product displayed in the order summary. Immediately after sending the order, you will receive an order confirmation, which, however, does not yet constitute acceptance of your contract offer. A contract between you and me is concluded as soon as I accept your order by sending a separate e-mail. Please regularly check the SPAM folder of your e-mail inbox.
(3) As part of the ordering process, you can completely 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 data and then select the delivery and payment method. You can review your information 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 respective field or selecting a different payment method. If you wish to completely cancel the order process, you can simply close your browser window. Otherwise, after clicking the confirmation button ‘Order with obligation to pay’, your declaration becomes binding in the sense 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 contract) will be sent to the customer by e-mail upon acceptance of the contract offer or with the notification thereof. I do not store the contract provisions.
(5) A claim for access to the purchased digital product exists only after payment has been made, or, if payment in instalments has been granted, after the first instalment has been paid. After payment by the customer, I will activate the digital product so that the customer can use it.
I expressly point out that I do not guarantee or owe any specific success for my digital products and do not assume any liability whatsoever in this regard.
(6) I provide the customer with
https://myablefy.com/s/mboptiquantdynamics
and other sub-pages of this site
digital products (so-called automated trading robots as software + daily lives).
The digital products are not distance learning in the sense of § 1 paragraph 1 of the Distance Learning Protection Act (FernUSG). Distance learning in the aforementioned sense is the contractual, remunerated imparting of knowledge and skills, in which the teacher and the learner are exclusively or predominantly spatially separated and the teacher or his representative monitors the learning success. I do not monitor learning success in this way.
Please note:
I do not broker transactions for the purchase and sale of financial instruments (investment brokerage) nor do I make personal recommendations within the meaning of Article 9 of the Delegated Regulation (EU) 2017/565 to customers or their representatives that relate to transactions in specific financial instruments (investment advice).
This means in particular that my services do not include any of the following actions:
aa) no forwarding of a declaration of intent by the investor to enter into a transaction for the purchase and sale of financial instruments to the seller of a financial instrument;
bb) no targeted promotion of the investor’s willingness to enter into a transaction for the purchase and sale of financial instruments with a third party;
cc) no procurement of information regarding the profitability of an investment and the creditworthiness of the investment provider;
dd) no examination of the plausibility of the investment concept and its economic viability; no advice regarding the characteristics and risks of an investment that are or could be material to a customer’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 evaluation and assessment of the investment;
hh) no answers to all questions that arise for the customer, in particular no clarification of the customer’s personal financial circumstances, investment objectives, knowledge in the area of investment transactions or previous experience with investments;
ii) no personal recommendations to customers or their representatives regarding transactions with certain financial instruments.
Furthermore, I do not provide any discretionary management of one or more portfolios of assets invested in financial instruments for third parties (financial portfolio management).
Customers who make investment and/or asset decisions by purchasing my digital products do so at their own risk. It is the customer’s sole responsibility to obtain comprehensive information and/or seek advice from appropriate financial experts before making such a decision, in particular regarding the question of a total loss of a capital employed by the customer.
(7) If the customer is a consumer and has purchased the digital product exclusively by means of distance communication (e.g. by email or the internet), he has a right of withdrawal (see § 7).

§ 3 Contract duration/termination
(1) The duration of the contract and the time of performance are based on the specific agreements between me and the customer.
(2) The right to terminate the contract for good cause remains unaffected. Good cause for me exists in particular if
a) the customer culpably violates an obligation to a significant extent and does not remedy this violation 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 opening requests without stating reasons.
(2) The customer is only allowed to register if they are of legal age and have unlimited legal capacity. Minors are not allowed to register. In the case of a legal entity, registration must be carried out by a natural person who has unlimited legal capacity and is authorised to represent the entity.
(3) The contact data 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, he can simply close his browser window. Otherwise, the declaration of the opening of the account becomes binding for the customer.
(4) After the customer has provided all the requested data, 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 him of this by email. The e-mail is deemed to be the customer’s acceptance of the application to open an account. From the time of receipt of the e-mail, the customer is entitled to use his account in accordance with these General Terms and Conditions. To do so, the customer must first confirm his activation by clicking on the link contained in the e-mail.
(5) During the registration process, the customer will be asked to provide a username and password. With this data, the customer can log in to my online presence after activating his access and confirming it in accordance with (4). It is the customer’s responsibility to ensure that the username does not infringe the rights of third parties, in particular no name or trademark rights, and is not contrary to good morals.
The access data, including the password, must be kept secret by the customer and must not be made accessible to unauthorised third parties.
It is also the customer’s responsibility to ensure that his access to the account is only used by the customer himself or by a person authorised by him. If there is reason to suspect that unauthorised third parties have gained or will gain knowledge of the customer’s access data, I must be informed immediately.
The customer is 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 the data provided changes during the customer’s registration period, the customer must correct the information in his personal settings on the online presence without delay. If the customer is unable to do this, he must notify me of his changed data by email without delay.
(7) Registration is free of charge.

§ 5 Obstruction/Force Majeure
(1) If I find myself obstructed in the execution of an order by circumstances of any kind, I will inform the customer of this in writing and in good time. If I am not responsible for the obstructing circumstances, the contractual partners will agree on an appropriate postponement of the agreed service. If the timely, written notification is not provided, I cannot invoke these circumstances at a later date.
If no agreement can be reached between me and the customer, the customer is entitled to withdraw from the contract and will be reimbursed for any payments already made.
(2) In cases of force majeure, the affected party is released from the obligation to perform for the duration and to the extent of the effect.
Force majeure is any event beyond the control of the respective contracting party that prevents it from fulfilling its obligations in whole or in part, including fire damage, flooding, strikes and lawful lockouts, as well as operational disruptions or official decrees for which it is not responsible.
The affected party shall notify the other party of the occurrence and the cessation of the force majeure without delay and shall use its best endeavours to remedy the force majeure and to limit its effects as far as possible.
The parties shall agree on how to proceed in the event of force majeure and shall determine whether, after its cessation, the services not performed during this time shall be delivered at a later date. Regardless of this, each contracting party is entitled to withdraw from the orders affected if the force majeure lasts for more than four weeks from the agreed performance date. The right of each contracting party to terminate the contract for good cause in the event of a longer-lasting force majeure remains unaffected.

§ 6 Payment terms
(1) The prices stated by me apply. All prices are in euros and are to be understood as total prices including the respective statutory sales tax.
(2) Payment is made through our payment service provider thrivecart, which provides various payment options.
(3) The following payment methods are offered:
– PayPal:
To pay by PayPal, you must first register, be authorised to do so by entering your access data, and confirm the payment instruction to us. You will be provided with the relevant information during the ordering process.
– Credit card
– Advance payment
– Sofort
– Google Pay
– Przelewy24
– IDEAL
– Purchase on account.
In principle, the claims become due after the order has been placed. In the case of purchase on account, the claim becomes due within a period of 14 days after receipt of the invoice. Otherwise, the due date depends on which payment method the customer chooses.
(4) In the event that the customer does not pay by the due date, interest shall be charged on the outstanding amounts from the due date at a rate of 5 percentage points above the base interest rate; if the customer is an entrepreneur, interest shall be charged on the outstanding amounts from the due date at a rate of 9 percentage points above the base interest rate. The assertion of higher interest and further damages in the event of default remains unaffected. If the internal dunning procedure is unsuccessful, I may hand over the outstanding claim 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 default of payment of at least one monthly instalment, I shall be entitled to demand immediate payment of all outstanding monthly instalments including interest accrued up to that point.
(6) Should the customer fall into arrears with payment or otherwise default, I shall be entitled to refuse performance or delivery until all due payments have been made. I shall also be 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) The offsetting against counterclaims of the customer or the withholding of payments due to such claims is only permissible if the counterclaims are undisputed or have been legally established or arise from the same order under which the relevant service was provided.

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

Right of cancellation (digital products)
You have the right to cancel this contract within fourteen days without stating any reasons.
The cancellation period is fourteen days with effect from the day of the conclusion of the contract. To exercise your right of cancellation, you must inform us
MB OPTIQUANT DYNAMICS LLC
30 N GOULD ST STE N
SHERIDAN, WY, 82801
USA
E-Mail: usa@ninjatradingpro.com
by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model cancellation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you revoke 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 revoke this contract. We will carry out such repayment using 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 for this repayment.
Special notes
The right of cancellation shall also expire in the case of a contract for the delivery of digital content not stored on a physical data carrier if the trader has commenced the performance of the contract after the consumer
1. has expressly consented to the trader commencing performance of the contract before the expiry of the cancellation period,
2. has confirmed that he is aware that he will lose his right of cancellation once the trader begins to fulfil the contract, and
3. the company provides the consumer with a confirmation that meets the requirements of Section 312f of the German Civil Code.
End of cancellation policy.

Specimen cancellation form
(If you wish to cancel 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 applicable.

§ 8 Copyright, granting of rights (licence)
(1) I am the owner of the copyrights and other industrial property rights to the digital content mentioned in § 2 (1) and reserve all rights that are not 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 purchased digital products according to my specifications for the duration of the contract.
In particular, the customer is prohibited from duplicating the digital product in whole or in part or otherwise transforming it, granting sub-licences to third parties or publicly reproducing it by wire or wireless means (in paper or digital form), including making it publicly available in such a way that it is accessible to members of the public from places and at times of their choice. Furthermore, the customer is prohibited from decompiling, disassembling or reverse engineering the digital product, unless the customer is entitled to do so under the 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 § 158, paragraph 1 of the German Civil Code (BGB) when the customer has paid the remuneration or price owed in full in accordance with § 6 of these General Terms and Conditions or, in the case of an instalment payment agreement, pays the respective instalments on time. I may also provisionally permit use of the subject matter of the contract before this point in time. Such provisional permission does not constitute a transfer of rights under this paragraph.

§ 9 Confidentiality
The parties undertake to treat as confidential all information and documents received from the other party in connection with the performance of the contract and to use them only for the contractually agreed purposes. Information and documents of the other party may only be brought to the attention of or made accessible to those persons who require the information and documents to fulfil the contract and who themselves have been contractually bound to confidentiality. 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 will receive the access data for the digital product by email after payment has been made.

§ 11 Warranty
(1) I warrant that during the statutory warranty period, the functionality of the digital product essentially corresponds to the specification of the digital product.
(2) In the event of a warranty claim, I will, at my own discretion, remedy defects in the digital product by troubleshooting, replacement, 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 is entitled to a reduction in payment (‘abatement’). If the defect is substantial, the customer is also entitled to withdraw from the contract instead of reducing the remuneration.
(3) The customer has no warranty rights
– if he uses the digital product improperly or in an abusive manner, 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 can prove that the defect is due to the digital product.
(4) If the customer is entitled to claim damages or compensation for wasted expenditure under the warranty, this is subject to the limitation of liability in § 12 below.

§ 12 Limitation of liability
(1) I am not liable for damages, delays or impediments to performance that are outside my area of responsibility.
(2) I am not liable for damages that can be traced back to unsuitable, improper or non-intended use of the digital product.
(3) Regardless of the legal grounds, I am only liable for damages that were caused intentionally or through gross negligence or in the event of a culpable breach of a material contractual obligation or cardinal obligation or in the event of non-performance of a guarantee or if a defect was fraudulently concealed by me.
A ‘cardinal obligation’ in the sense of this provision is an obligation of mine, the fulfilment of which makes the proper execution of the contractual relationship between the parties possible in the first place, the violation of which endangers 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 is limited to typically foreseeable damages.
(5) Any further liability on my part is excluded. The above exclusions of liability do not apply to culpable injury to life, limb or health. Liability under the German Product Liability Act remains unaffected by these terms and conditions.
(6) The above limitations of liability also apply in favour of any of my legal representatives and agents.
(7) According to the current state of technology, data communication over the internet cannot be guaranteed to be error-free and/or available at all times. I am therefore not liable for the constant and uninterrupted availability of my online presence.

§ 13 Data protection
(1) My quality standards include handling customers‘ personal data responsibly (this data is hereinafter referred to as “personal data”). I therefore only collect, store and process personal data arising from the contractual relationship to the extent that this is necessary for the contractual provision of services and permitted by legal regulations or ordered by the legislator. I will treat the personal data of customers 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 personal data of customers if the customer has expressly consented to this. A consent given by the customer can be revoked at any time.
(3) The customer is aware that the collection, processing and use of his name, consumer or entrepreneurial status, address, date of birth and bank details, among other things, are necessary for the implementation of pre-contractual measures and the fulfilment of the contractual relationship on the basis of Art. 6 (1) point b GDPR.
(4) I will comply with the relevant legal provisions, in particular the General Data Protection Regulation (GDPR), with regard to the customer’s personal data.
(5) In addition, I refer to my data protection declaration: https://ninjatradingpro.com/datenschutz/

§ 14 Final Clauses
(1) Unless otherwise expressly stated in these General Terms and Conditions, all declarations must be made in writing or by email. My email 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 my contact details. I will notify the customer of any such change.
(2) The contract between me and the customer is subject to the laws of the State of Wyoming, excluding the United Nations Convention on Contracts for the International Sale of Goods. However, if the customer is a consumer and has his habitual residence in another country, he retains the protection of the relevant provisions of the country of residence, which cannot be deviated from by agreement.
(3) If the customer is a merchant within the meaning of § 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 out of or in connection with the relevant contractual relationship. In all other cases, I or the customer may bring an action before any court having jurisdiction under applicable law.
(4) I would like to point out that, as a consumer, you have the option, in addition to ordinary legal proceedings, 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 following internet address: http://ec.europa.eu/consumers/odr.
My email address is: usa@ninjatradingpro.com. I would like to point out that, in accordance with Section 36 of the VSBG, 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, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid provision shall be deemed to have been agreed that most closely approximates the economic intent of the parties.
January 2025