Terms

General Terms of Use

By using our website www.stoxcraft.com and all associated websites or services, you agree to the terms of use listed here. If you do not agree with these terms, you should not use Stoxcraft.

Stoxcraft is owned by Stoxcraft OG ("us", "we", or "our").

1. Platform Development Notice

Please note that Stoxcraft is currently in development, and not all features may be available at this time. We are continuously working to improve and expand our services. Your understanding and patience during this development phase are greatly appreciated. We encourage you to provide feedback and suggestions to help us enhance the platform.

2. Changes to the Terms of Use

We may change these terms of use at any time. If you continue to use Stoxcraft after changes to these terms of use have been published, you agree to the new terms. You have access to our terms of use at any time and can review them at any time. If you reload this page, you will have the most current version available to Stoxcraft users.

3. Changes to Stoxcraft

We may discontinue or change any service or feature on Stoxcraft at any time without prior notice. In such cases, we do not guarantee backward compatibility of our services.

4. Ownership of Information; Stoxcraft Usage License; Further Data Distribution; Non-Display Use

Unless otherwise stated, all rights, titles, and interests in and to Stoxcraft, as well as all information provided through Stoxcraft or our services in all languages, formats, and media worldwide, including but not limited to all copyrights and trademark rights therein, are the exclusive property of Stoxcraft, our affiliate companies, or our data providers.

The content and market data on the Stoxcraft platform, including but not limited to: scores, ratings, and other forms of information, are licensed solely for display purposes. This license is strictly limited to personal or internal company use. Any other form of use is expressly prohibited. These prohibited uses include, but are not limited to: any form of automated trading, automatic order creation, price references, order verifications, algorithmic decision-making, algorithmic trading, "smart order routing," the use of data in operational or risk management programs, as well as any other machine processing methods that do not involve the direct display of this data to other persons. This also includes the creation of products or services based on the content of Stoxcraft or the processing of Stoxcraft content, as well as any other use cases that circumvent the limitations of the data provider, which are under no circumstances allowed.

Notwithstanding the foregoing, not only is non-display direct use by our users prohibited, but also the development, offering, or application of any third-party products, tools, or services that aim to enable or facilitate such non-display use of Stoxcraft's content and market data. For clarification:

Third parties are expressly prohibited from developing, offering, or operating any products or services that:

1. Utilize, reuse, or are based on Stoxcraft's market data, including but not limited to: scores, ratings, and any forms of information provided by Stoxcraft, for any forms of automated trading activity, algorithmic decision-making, or any other non-display purposes.
2. Advertise such usage capabilities for any purpose that is expressly prohibited by Stoxcraft's terms of service, thereby contributing to a violation of Stoxcraft's terms of use.

These guidelines apply equally to all entities, whether they are users of Stoxcraft's services or third-party providers. The provision of Stoxcraft's features, such as webhooks, is intended solely for the permitted usage purposes, within the scope of display and personal or internal business use, as originally defined. Any interpretations, adaptations, or exploitations of these features that contradict the spirit and letter of these guidelines are expressly prohibited. Any attempts by third-party providers to use non-utilization of Stoxcraft's services as a defense for prohibited usage purposes of Stoxcraft data are hereby declared null and void. The obligations and limitations in these guidelines apply equally to direct users of Stoxcraft and all third parties offering services or products that interact with or use Stoxcraft data, regardless of whether these interactions are based on direct access to the Stoxcraft platform.

Unless expressly permitted, our agreements with data providers also prohibit any sublicensing, assignment, transfer, sale, lending, and any distribution of Stoxcraft's content for compensation, including market data. Furthermore, without prior written permission from Stoxcraft and the relevant data providers, you are prohibited from making copies of the software or documents delivered to you electronically or otherwise, including but not limited to translation, decompilation, disassembly, or the creation of derivative works.

Unless expressly permitted by an additional agreement, we do not allow commercial use of our services. We make no warranty and assume no obligation or liability for third-party services and software. For more information, see Chapter 17 (Third-Party Software). Stoxcraft reserves the right to take any necessary actions and legal steps to ensure compliance with these terms, protect intellectual property, and maintain the integrity of the services. This includes, but is not limited to, conducting audits and investigations in cases of suspected violations, as well as initiating legal proceedings against other parties—users or third-party providers—if it is determined that a violation of these terms has occurred. Consequences may include blocking the user or visitor, account termination, and potential legal penalties. Stoxcraft may restrict access to its services, seek injunctive relief, and claim damages to enforce contractual rights and obligations, as well as the interests of its data providers and users. Such actions underscore Stoxcraft's commitment to enforcing these guidelines and ensuring the reliability and trustworthiness of the platform.

5. Assignment

Stoxcraft grants all users of Stoxcraft.com and all other available versions of the website the use of news, e-books, articles, blog posts, and other publications. Additionally, Stoxcraft grants the use of all aforementioned materials for educational purposes, including news, analyses, and the further use or promotion of Stoxcraft Cards or any products from the Stoxcraft website, on the condition that the attribution to Stoxcraft is clearly visible at all times when using such Cards and products.

The attribution must include a reference to Stoxcraft.

The use of Stoxcraft Cards during a video or other promotional activities where Stoxcraft is not visible must include a description of the product used. The use of Stoxcraft products outside the Stoxcraft website is not permitted without proper attribution to Stoxcraft. This applies to all content (such as tools, cards, academy) acquired on the Stoxcraft website and used on external resources, where the attribution must remain as originally intended. Users who violate this rule may be permanently banned. Stoxcraft reserves the right to take further legal action to ensure compliance with the rules. This includes, but is not limited to, warnings, court orders, injunctions, fines, damages, etc.

6. Third-Party Websites and Advertisers

Stoxcraft may contain links to third-party websites. It is possible that some of these websites contain offensive, illegal, or incorrect content. You hereby agree that Stoxcraft is not liable for any trading activities or other activities that occur on websites whose links you found on Stoxcraft. We provide these links as a convenience and do not endorse the content or services offered on these sites. All business interactions with advertisers you found on Stoxcraft take place solely between you and the advertiser. You hereby agree that Stoxcraft is not liable for any losses or claims against the advertiser.

Unauthorized advertising on Stoxcraft is strictly prohibited and will result in a temporary or permanent suspension of the relevant user account. Stoxcraft reserves the right to take further action, including legal action, if financial damages occur.

7. Disclaimer of Warranties

The website and services of Stoxcraft, as well as all information, content, materials, and products included or otherwise made available, are provided by Stoxcraft on an "as is" and "as available" basis. Stoxcraft makes no express or implied representations or warranties, including but not limited to the accuracy, reliability, timeliness, completeness, or suitability of the information within the services or the Stoxcraft website for your needs. Stoxcraft does not guarantee that the use of the services will be uninterrupted or error-free. Additionally, you agree that Stoxcraft may remove or cancel services from its offering at any time, in accordance with the terms of these terms of use. Stoxcraft makes no warranty and assumes no liability for the services being free from data loss, damage, attacks, viruses, disruptions, hacking, or other security breaches. All materials downloaded or otherwise obtained are used at your own discretion and risk. You bear sole responsibility for any losses or damages that arise in connection with the use or downloading of such materials.

Various information within the services or on the Stoxcraft website may have been obtained from professional businesses or organizations, such as exchanges, news or market data providers, and other content providers (including exchanges like the New York Stock Exchange, NASDAQ, etc.). These are assumed to be reliable sources of information (collectively, the "data providers"). However, due to various factors, including the risks of human error or mechanical failure, the accuracy, completeness, timeliness, results of use, and correct information sequences within our services and on our website cannot be guaranteed by Stoxcraft. Furthermore, we make no warranties and assume no liability for other third-party content. The use of all content related to Stoxcraft is entirely at your own risk.

8. Disclaimer for Investment Decisions and Trading

Decisions to buy, sell, hold, or trade securities, commodities, and other investments involve risks and are best made based on the advice of qualified financial experts. Any trading in securities or other investments carries the risk of significant losses. Before using any trading system, you should consult with a qualified financial professional. Please carefully consider whether such trading is suitable for you in light of your financial situation and ability to bear financial risks. Under no circumstances are we liable for any losses or damages incurred by you or anyone else as a result of trading or investment activities conducted by you or anyone else based on information or materials obtained through Stoxcraft or our services.

9. Registered Users

Certain services, such as saving portfolios, are available only to registered users of the Stoxcraft website and require you to log in with a username and password to use them. If you register as a user ("subscriber") of any of Stoxcraft's features, you may be asked to click on "Register Now" or a similar button during the registration process; by clicking this button, you agree to be bound by the terms of use set forth herein.

By using the Stoxcraft website, you represent that you are legally capable of entering into a binding contract and that you are not prohibited from using Stoxcraft services under Austrian law or any other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by Stoxcraft's registration form (the "registration data"), and (b) maintain and promptly update the registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Stoxcraft has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Stoxcraft has the right to suspend or terminate your account and refuse any and all current or future use of the Stoxcraft services (or any part thereof). We may remove your content without prior notice if we have reason to believe that you have violated our terms of use.

10. Access and Security

You are responsible for maintaining the confidentiality of any usernames and email addresses you use to register on our website and access our services. It is your responsibility to manage your password and account confidentially and securely. You are also fully responsible for all activities that occur under your password and account. Stoxcraft is not liable for any damages or losses that result from your failure to comply with your security responsibilities. You agree to (a) immediately notify Stoxcraft of any unauthorized use of your password or account, or any other security breach, and (b) ensure that you log out from your account at the end of each session. Stoxcraft is not liable for any damages or losses related to these issues.

11. Payments and Termination of Services

1. If you purchase a subscription with Stoxcraft (including a free trial subscription), you confirm that you have read and accept the terms of use. Furthermore, this will be considered  authorization for Stoxcraft to automatically charge your payment methods according to the billing period you have manually selected.
2. The service is billed in advance on a monthly or yearly basis. Users can try certain paid subscriptions for free for 14 days. If this trial subscription is not canceled before the expiration date, it will automatically convert into a paid monthly or yearly subscription, according to the option selected by the user.
3. All payments are recurring, which means they will be billed until you cancel your subscription. You are solely responsible for properly canceling your Stoxcraft subscription. An email request or a support ticket requesting the cancellation of your subscription does not constitute a cancellation. You can cancel your subscription at any time (see profile settings).
4. If you cancel the service before the end of the current billing period, your subscription will remain active until the next billing date. After the billing date, the subscription will be terminated if no further payments are received. If the automatic renewal for an annual subscription fails, you will automatically be switched to a monthly subscription.
5. Refunds for annual payments are only possible within 14 calendar days of the payment date. You must make your claim within this period by contacting us via email (see contact details). There are no refunds for upgrades to more expensive subscription plans or for monthly subscriptions, even if such subscriptions are canceled on the same day. Payments made with cryptocurrencies cannot be refunded. Please note that users who have submitted a chargeback request/dispute are not eligible for a refund.
6. A canceled subscription and the included services will be terminated immediately upon cancellation.
7. Stoxcraft may use local partners or other legal entities for payment collection in certain countries. All payments are processed and managed by Stoxcraft.

12. Indemnification

You agree to indemnify and hold Stoxcraft and our partners, officers, agents, employees, and licensors harmless from any claims or demands, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post, transmit, modify, or otherwise make available through the Stoxcraft services; your use of the Stoxcraft services; your connection to the Stoxcraft services; your violation of the terms of use; your violation of the rights of others; or any actions taken by Stoxcraft as part of an investigation of a suspected violation of these terms of use, or as a result of findings or decisions made in connection with such an investigation. This obligation will survive the termination or expiration of your use of our services. In the event of any disputes with one or more users of Stoxcraft, you agree to release Stoxcraft from any and all claims, demands, damages of any kind (actual and consequential), known and unknown, arising out of or in any way connected with such disputes.

13. Termination

At your request, your account with Stoxcraft can be deleted. You can delete your account at any time by visiting your profile settings. If you request the deletion of your account, we will delete the personal data associated with your account. However, certain personal data will be retained if it is integrated into data that is an integral part of our systems and website, including data from communications you have sent through our website. This data is retained for the integrity of the data on the website and our legitimate business purposes, including auditing, security, and other legitimate interests (for more information, please refer to our privacy policy). Your published posts will remain on the site at our discretion. Once a post is published, it becomes part of the Stoxcraft community and should remain so. This policy prevents users from only publishing their best thoughts, ensuring everyone remains honest and maintaining public trust in the reputation and integrity of the site. You agree that Stoxcraft may, without prior notice, immediately terminate, restrict, or suspend your access to your Stoxcraft account, any associated email address, and access to the Stoxcraft services. The cause for such termination, restriction, or suspension includes, but is not limited to: (a) violations of the terms of use or other incorporated agreements or policies, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification of the Stoxcraft services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, and/or (f) your engagement in fraudulent or illegal activities. Furthermore, you agree that all terminations, restrictions of access, and suspensions for cause are made at the sole discretion of Stoxcraft and that Stoxcraft shall not be liable to you or any third party for the termination of your account, any associated email address, or access to the Stoxcraft services.

14. Emails

By setting up an account with Stoxcraft, you agree that Stoxcraft may use your email address to send you marketing materials, service-related communications, important informational notices, special offers, etc. You can opt out of these communications by clicking on the link provided in the emails.

15. Third-Party Software

Our software, website, and/or services may include software components provided by third parties and used with the permission of the respective licensors and/or copyright holders under the terms provided by these third parties ("third-party software"). Stoxcraft expressly disclaims any warranties or other representations regarding third-party software. Please note that your use of third-party software is subject to the terms of use and privacy policies of the third parties, not these terms of use or our privacy policy.

16. Publications — No Recommendation or Advice

The information and publications are not intended to provide, and do not constitute, financial, investment, trading, or other types of advice or recommendations provided or endorsed by Stoxcraft. Any opinions expressed (which may change without notice) are the personal opinions of the author, and the author makes no representations or warranties regarding the accuracy or completeness of the information or analysis provided. The authors and Stoxcraft are not liable for any losses incurred as a result of investments made based on perceived recommendations, forecasts, or other information presented here. The content of these publications should not be understood as an explicit or implicit promise, guarantee, or indication by Stoxcraft that customers who rely on the provided information will achieve profits or limit losses in connection with them.

17. Limitation of Liability

You expressly agree that Stoxcraft and its partners, officers, employees, agents, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages related to loss of profits, goodwill, use, data, procurement costs of substitute goods or services, or other intangible losses (even if Stoxcraft has been advised of the possibility of such damages).

This applies particularly to damages arising from:

• The use or inability to use the services, software, or systems that make these services available;
• Changes within the service offerings, related prices, or the temporary or permanent discontinuation of the service or any part thereof;
• The use, disclosure, or display of user-generated content;
• Unauthorized access, possible transmission alterations, or the data contained therein;
• The deletion, damage, failed storage, or failed transmission or receipt of transmissions or data within our services;
• Statements or conduct of third parties within our services;
• And any other matters related to our services.

Contact Information

If you have any questions or suggestions regarding our terms of use, please contact us at [email protected] with the subject "Terms of Use".

Notice to the Responsible Party

Explanation: The responsible party is the natural or legal person who alone or jointly with others determines the purposes and means of processing personal data (e.g., names, email addresses, etc.).