Terms of use

1. Scope and provider

These terms of use apply to the use of Nexxus Pilot on nexxuspilot.com, as a web app and as an app for iOS and Android. The provider and your contracting party is:

Phillip Kracht, c/o Impressumservice Dein-Impressum, Stettiner Straße 41, 35410 Hungen, Germany, email: impressum@nexxuspilot.com, phone: 01579-2341672

Deviating terms of users do not apply, even if we do not expressly object to them. Nexxus Pilot is intended for people aged 18 and over.

2. What Nexxus Pilot is

Nexxus Pilot is software for managing and following securities. Depending on the plan, it includes in particular:

• a portfolio in which you record your positions with purchase price and quantity
• a watchlist and a pipeline for securities you are following or want to buy later
• alerts on target prices, stop-loss levels, percentage moves and technical indicators
• technical indicators such as RSI or MACD, charts, a screener and news on your securities
• from the Premium plan, the Portfolio check, which summarises new events relating to the securities in your portfolio

Which features are included in which plan and how many positions you can add per list is stated on the pricing page. The status at the time the contract is concluded is decisive.

Nexxus Pilot is not a broker. You cannot buy or sell securities through Nexxus Pilot. We hold neither money nor securities.

3. No investment advice

Nexxus Pilot does not provide investment advice, investment recommendations or asset management. All content, including technical indicators, alerts, news and the assessments of the Portfolio check, is solely for your information. It does not take into account your personal circumstances, objectives or knowledge.

You make your investment decisions yourself and at your own risk. Securities can lose value, in the case of leveraged products up to a total loss. Past performance is not a reliable indicator of future performance.

4. Prices and third-party data

We obtain prices, exchange rates, company data and news from third-party providers. Prices may be delayed, on German exchanges usually by about 15 minutes. We usually show the price from the exchange with the most trading. If it is closed, we show the price from another exchange that is currently trading or the last closing price. We convert prices in foreign currencies into your currency. The price at your broker may therefore differ.

We check the data for plausibility but cannot guarantee that it is correct, complete and up to date. Alerts and push notifications may arrive late or not at all, for example in the event of disruptions at data providers, at push services or on your device. Do not rely on Nexxus Pilot alone for time-critical decisions.

5. Account

To use the service you need a Nexxus ID account. Nexxus ID is the shared sign-in system of the Nexxus products. You sign in via a link or code that we send to your email address. You are responsible for ensuring that only you have access to this email address.

An account is personal and must not be shared with others. You can have your account deleted at any time. To do so, send us an email.

6. Plans, prices and trial

The Free plan is free of charge. The Starter and Premium plans are paid. The prices on the pricing page at the time you take out the plan apply. All prices include statutory VAT where applicable.

When you first take out a paid plan, you can try it for free: Starter for 7 days and Premium for 14 days. Each user receives one trial in total. Two days before the trial ends, we remind you by email and push notification. If you do not cancel by the end of the trial, it becomes a paid subscription and the first payment is due.

7. Conclusion of contract and payment

Taking out a plan on our website

On the pricing page you choose a plan and the term. In the order step you check your details and can correct them. By clicking the button that expressly states that the order is subject to payment, you submit a binding offer. The contract is concluded when we confirm the order to you by email. Payment is processed by the payment service provider Stripe. The amount is due in advance at the start of each term.

Taking out a plan in the app

In the app you take out a plan via Apple’s App Store or via Google Play. The purchase and payment then run via the respective store and are additionally subject to its terms. The plan also applies when you use Nexxus Pilot in the browser.

8. Term and cancellation

Paid plans run for one month or one year, as you choose. They renew for the same term each time unless you cancel beforehand. You can cancel at any time with effect from the end of the current term, up to the last day.

You cancel plans taken out on our website via the “Cancel contracts here” button on our website, in your profile under “Manage subscription” or informally by email. You cancel plans from the app in the subscription settings of your Apple or Google account.

After a paid plan ends, you continue to use Nexxus Pilot on the Free plan. Your data is kept. If a list contains more positions than the Free plan allows, they remain. You can only add new positions once the list is below the limit again.

The right of both parties to terminate for good cause remains unaffected. For us, good cause exists in particular if you breach section 10.

9. Withdrawal policy

As a consumer, you have a statutory right of withdrawal. For plans that you take out in the App Store or on Google Play, you declare the withdrawal to the respective store according to its procedure. Its refund rules apply.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (Phillip Kracht, c/o Impressumservice Dein-Impressum, Stettiner Straße 41, 35410 Hungen, Germany, email: impressum@nexxuspilot.com, phone: 01579-2341672) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You can use the attached model withdrawal form for this, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notice of exercising the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we must refund all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal from this contract. For this refund we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this refund.

If you requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract, compared with the total scope of the services provided for in the contract.

Model withdrawal form

(If you want to withdraw from the contract, please fill in this form and send it back.)

• To: Phillip Kracht, c/o Impressumservice Dein-Impressum, Stettiner Straße 41, 35410 Hungen, Germany, email: impressum@nexxuspilot.com, phone: 01579-2341672
• I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*): Nexxus Pilot, plan …
• Ordered on (*) …
• Name of consumer(s) …
• Address of consumer(s) …
• Email address you use to sign in to Nexxus Pilot …
• Signature of consumer(s) (only if this form is submitted on paper) …
• Date …

(*) Delete as appropriate.

10. Your obligations

You use Nexxus Pilot only for your own purposes and within the law. In particular, you may not:

• retrieve, collect or pass on prices, key figures or other data from Nexxus Pilot by automated means; the data comes from suppliers whose licences do not permit this
• impair the security or operation of Nexxus Pilot, for example through excessive requests or by circumventing plan limits
• pass on your account or your access to others
• store or send unlawful content in notes or in messages to us

11. Availability and changes to the service

We strive for fault-free operation but do not owe uninterrupted availability. Maintenance work, disruptions at data providers or force majeure may temporarily restrict use.

We continue to develop Nexxus Pilot and may change features if the agreed scope of services of your plan is essentially retained or the change is reasonable for you, for example due to changed requirements of data providers or for legal reasons. If an essential feature of your paid plan is removed, you can cancel with immediate effect and receive a refund of the pro rata amount for the remaining term.

12. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act (Produkthaftungsgesetz) and insofar as we have given a guarantee.

In cases of slight negligence, we are only liable for the breach of an essential contractual obligation, that is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In this case, liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.

We are not liable for losses from investment decisions unless they are based on a breach of duty for which we are responsible under the preceding paragraphs. Nexxus Pilot does not provide investment advice (section 3).

13. Changes to these terms

We may change these terms if the legal situation, the requirements of the app stores or the scope of services change. We will notify you of changes by email at least six weeks before they take effect. Until they take effect, you can terminate the contract with effect from that date. Changes to the prices or the essential services of a current paid plan only apply with your express consent.

14. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law only applies insofar as it does not deprive you of the protection of mandatory provisions of the law of the state in which you have your habitual residence.

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

If any provision of these terms is invalid, the remaining provisions remain valid. The statutory provision takes the place of the invalid provision.