Terms

Below you will find the Terms of Service for the Edgewonk online trading journal and online platform. Your privacy is very important to us. Please also read our Privacy Policy https://edgewonk.com/privacy-policy/ and measures to protect your privacy. They are part of our Terms of Service.

1. Scope
   1. The user enters into an agreement (the “Edgewonk Services Agreement“) for the Edgewonk Services with

Quantum Trade Solutions GmbH
Berliner Strasse 300b
63065 Offenbach, Germany

duly represented by the managing directors
Mr. Rolf Schlotmann and Mr. Moritz Czubatinski

Email: info@edgewonk.com

(“Quantum“).

1. These Terms of Service apply irrespective of whether the user is a consumer (Verbraucher), businessman (Unternehmer) or merchant (Kaufmann).
2. All agreements between the user and Quantum relating to the Edgewonk trading journal and online platform (“Edgewonk Services“) are governed by these Terms of Service, the Privacy Policy https://edgewonk.com/privacy-policy/, [our written registration confirmation and our acceptance notice].
3. The Terms of Service as in force on the date of the Edgewonk Services Agreement shall apply, subject to any amendments as per clause 17.1 below.
   

[1] Personal e-mail address;
[2] Username;
[3] A freely selected password (at least 12 characters consisting of letters, numbers and / or symbols);
[4] Confirmation of the user to agree to these Terms of Service;
[5] Optional: confirmation of the user wishing to receive information that is tailored to its personal preferences (e.g. in the form of a newsletter).Except for the Username, the aforementioned information will not be visible to other users of the Edgewonk Services or third party visitors of the Edgewonk website.

1. At the user’s option (but without being obliged to do so) the user may provide further personal data and include that data to its user profile (“Additional Profile Information“). Depending on the the user settings, or alternatively, if so clearly identified by the Edgewonk System, such data will be visible to third parties (such as other users and/or the public).
2. Each user may register only once and only create one individual user profile.
3. A legal entitlement to registration as a user of the Edgewonk System does not exist. Quantum reserves to reject a registration without providing any reasons. Quantum will inform the relevant party accordingly.
4. The user makes an offer to enter into the Edgewonk Services Agreement by completing the initial registration process. Quantum will immediately confirm by email upon completion of the registration process that it has received the offer to enter into the Edgewonk Services Agreement.
5. Quantum accepts this offer by activating the membership and granting access to the Edgewonk System and use of the Edgewonk Services accordingly.
6. If the registration process is not completed for whatever reason, Quantum may delete the incomplete registered account, including all information provided by the relevant user.
   

1. The right of withdrawal does not apply to distance selling contracts, for the delivery of audio or video recordings or of software, if you have unsealed the delivered data carriers.
2. The right of withdrawal expires in the case of a agreement for the delivery of digital contents not on a physical data carrier, if the entrepreneur has started to execute the agreement after the consumer

1. has expressly agreed that the entrepreneur may start performance of the agreement before the expiry of the withdrawal period, and
2. has confirmed his knowledge that he loses his right of withdrawal by giving his consent at the beginning of the execution of the agreement.

1. Quantum will provide information on the sample withdrawal form in accordance with the statutory provisions as follows:

1. Modification of the scope of Edgewonk Services; potential limitation to the availability of the Edgewonk System; technical limitations
   1. Quantum reserves the right to change, extend, limit, terminate or otherwise modify the Edgewonk Services provided and the functionality, design and content of the Edgewonk Services and the Edgewonk System website.
   2. The user acknowledges that Quantum may not guarantee the continued availability of the Edgewonk Services, namely access to the website, the services of third parties or individual Edgewonk Services at all times. The user is not entitled to demand that the Edgewonk System is available at all times. In particular, Quantum reserves the right to temporarily suspend the Edgewonk Services at its own discretion, in particular for reasons of maintenance of its systems and software, for security reasons or for reasons of capacity.
   3. Certain functions of the Edgewonk System are limited in their scope. This applies, for example to the upload of image files, each of which may not exceed 1 megabyte in size. Limitations of this kind can be determined by Quantum its sole discretion and at any time changed again.
2. Community aspects, user data, content removal
   1. The information and service the Edgewonk System provides increases in its appeal, significance, level of detail and individuality as users are willing to add content (e.g. by providing data on the user’s trading activity and its trading performance or by adding posts) to the Edgewonk System. These contents are referred to as “Utilization Data” below.

Utilization Data and other personal data that is collected from the user and that may be referenced to a registered user or a registered user’s profile will hereafter be designated as “Personal Utilization Data“.

1. When registering to the Edgewonk System and whenever the user initiates (logs on to) the Edgewonk System and uses the Edgewonk Services, the user will create Utilization Data. Further, the user will upload Utilization Data, e.g. by uploading brokerage statements to the Edgewonk System.

The user hereby agrees that this Utilization Data is analyzed, processed and stored by and within Edgewonk System:

1. The Personal Utilization Data will be analyzed in order to provide the Edgewonk Services to the user and to further provide the user automatically with increasingly individualized future content. The Personal Utilization Data is stored in the Edgewonk System and with reference to the relevant user’s registered profile. Physically, the Personal Utilization Data will be stored on servers maintained by Manitu (https://www.manitu.de/). Upon termination of the Edgewonk Services Agreement the relevant Personal Utilization Data will be deleted.
2. Further, the user acknowledges that any Utilization Data will be analyzed, processed and stored in the Edgewonk System in anonymous form from the outset, however without any reference to or other connection to the person of the respective user or the relevant user profile. Any such collection, processing and storage of anonymous Utilization Date is used to continually improve the quality of Edgewonk Services and the user experience of other users.

1. Unless expressly specified otherwise, the Personal Utilization Data will not be disclosed or otherwise made accessible to other Edgewonk System users or visitors of the Edgewonk website or other third parties.
2. Notwithstanding the provisions of clause 10.2 relating to the storage of content following the termination of the Edgewonk Services Agreement, all content (texts, photos, videos) that has been uploaded to the Edgewonk System and made available for other users in connection with the personal profile of the user can at all times be removed by the user from the Edgewonk System, i.e. deleted irreversible.

The User shall keep all information allowing access to the Edgewonk Sytsem (password) strictly confidential and will not disclose such information to any third person.

1. Compliance with laws and protection of third party rights

1. The user undertakes not to publish any content (in particular in the form of text, photos, video, graphics), or forward or upload such content to the Edgewonk System that is unlawful, in particular racist, pornographic, offensive or defamatory content or content violating third party rights, in particular third party copyrights. The user is fully liable for all content that the user publishes and distributes on the Edgewonk System.
2. Should a user be advised, or otherwise becomes aware, that content uploaded to the Edgewonk System may be violating law, the user shall immediately remove this content from the Edgewonk System.
3. The provisions in clause 10.2 relating to the storage of user content following the termination of the Edgewonk Service Agreement shall remain unaffected.

1. Private and commercial use:

1. The user agrees to use the Edgewonk Services exclusively within the options described here (package overview https://edgewonk.com/pricing/). The user confirms to use the Edgewonk Services only for legal purposes and in compliance with these Terms of Service and all other related terms and conditions, applicable policies or guidelines. The user may not use content and features of the Edgewonk System in any other way except those described herein.
2. The user is obliged to omit harassing others with his communication or unreasonable attempts to contact others. The user will refrain from any sexually indecent communication.
3. The user has to refrain from any actions which are likely to affect the functionality of the platform and the services of Edgewonk.

1. System requirement

1. any violation by the user of these Terms of Service;
2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of the user’s content on the Edgewonk System, and/or the user making available such content to other users of the Edgewonk System, and/or the actual use of users content by other users of the Edgewonk System or related services in accordance with these Terms of Service and the parameters set by the user with respect to the distribution and sharing of the users content;
3. any activity related to the users account, be it by the user or by any other person accessing the users account with or without the user’s consent unless such activity was caused by the act or default of Quantum.

1. Content from third parties such as business listings, images, trading information and related information provided by third parties will be made accessible to users by the Edgewonk System. In addition, the user has access to other third party content which is made available by the Edgewonk System. [Quantum] accepts no responsibility for the accuracy or completeness of such information provided by third parties. The use of the content of third parties may be subject to additional terms and conditions.

4. provided the user has consented to such use, Edgewonk may use the user’s personal data provided as Mandatory Access Information (clause 4.1.) and as Additional Profile Information (clause 4.2) as well as any Utilization Data (clause 7.1) (including Personal Utilization Data) to provide personalized information in the form of a newsletter and / or tailored to their personal interests. The user has the option at any time to limit the above-described use of his personal data or to stop, especially unsubscribe, by amending its personal profile on the Edgewonk website (www.edgewonk.com) in the section “Profile” accordingly;
5. Quantum uses the personal data of the user and / or the content (especially text, photos, video, graphics) posted by him on the Edgewonk System to protect overriding interests in detecting possible abuse of the Edgewonk System and to preserve legitimate interests of the parties beyond the date of termination of the Edgewonk Services Agreement. Quantum will use, store, and transmit personal data of users to law enforcement authorities and / or injured third parties if Quantum has documented or recorded actual evidence of such abuse by the user.

1. The user may revoke his consent to the processing of his personal data at any time with effect for the future. To that purpose, the user shall submit its notice of revocation to
2. Quantum at info@edgewonk.com.
3. Duration of Edgewonk Services Agreement, Trial period

1. The duration of the paid Edgewonk Services is listed for the user on the current package list https://edgewonk.com/pricing/. Paid Edgewonk Services that are identified in the purchase process with a minimum term will initially be provided for that minimum term. Following expiry of that minimum term the relevant paid Edgewonk Service will continue to be provided for further terms, each such term with the same duration as the original minimum term, unless the Edgewonk Services Agreement has been terminated by the user or Quantum.
2. Quantum offers the users to use the Edgewonk Services free of charge for a limited period of time (as specified by Quantum in its own discretion) in order to explore the features and functionality of the Edgewonk System. Such trial access to the Edgewonk Services may be chosen by the user on the package list https://edgewonk.com/pricing/. Some of the Edgewonk Services may be limited during the trial period. The trial access shall expire when the trial period ends and shall not be automatically renewed. The Edgewonk Services Agreement shall be terminated at the end of the trial period and all content uploaded and created within the Edgewonk System shall be lost if there is no regular paid access to the Edgewonk System is chosen from the package list prior to the expiry of the trial period.
3. Duration, termination, refund of fees paid in advance

1. The duration of the Edgewonk Services Agreement is listed for the user on the current package list https://edgewonk.com/pricing/. Edgewonk Services (other than Edgewonk Services booked for the trial period) that are identified in the purchase process with a minimum term will initially be provided for that minimum term. Following expiry of that minimum term the relevant paid service will continue to be provided for further terms, each such term with the same duration as the original minimum term, unless the Edgewonk Services Agreement has been terminated by the user or Quantum.
2. The registered user is entitled at any time to terminate the Edgewonk Services Agreement without specifying a reason and without a deadline to meet. For such termination by the user, it is sufficient that the user visits its personal profile in the section “Profile” at www.edgewonk.com and clicks on the button “delete account”, and then follow the subsequent instructions. Alternatively, the user can send the notice of termination to Quantum also via e-mail to the business address of Quantum (info@edgewonk.com).
3. Quantum is entitled to ordinary termination of the Edgewonk Services Agreement subject to a notice period of three weeks only. If Quantum intends to terminate the Edgewonk Services Agreement, Quantum must submit its notice of termination to the e-mail address provided by the user.
4. The provisions of clauses 16.2 and 16.3 do not affect the right of each party to terminate the Edgewonk Services Agreement for good cause at any time. For example, Quantum is entitled to terminate the Edgewonk Services Agreement for good cause upon Quantum becoming aware that the relevant user is using the Edgewonk Services in an illegal manner, in particular, if the user infringes any rights of third parties or in a severe manner disrupts the unhindered use of the Edgewonk System by other users.
5. Upon termination of the Edgewonk Services Agreement, Quantum will delete all personal data of the user. Specifically, the Mandatory Access Information (clause 4.1), the Additional Profile Information (clause 4.2) and the Personal Utilization Data (clause 7.1) will be deleted. The content (e.g. photos, video, graphics, trading information) uploaded by the user shall be irreversibly deleted.
6. The measures taken under the above clause 16.5 shall not apply to content shared to the public on the Edgewonk System or shared through other functions provided by the Edgewonk System (e.g. the electronic sending of messages) with other users or to the public. However, these aforementioned data will no longer be associated with the profile information.
7. The above provisions of this section 16 shall not affect the right of Edgewonk pursuant to clause 10.1 to store personal data subject to the strict conditions set out in clause 10.2 beyond the date of termination of the Edgewonk agreement.
8. The user may not request repayment of any fees that have been prepaid in the following cases:

16. The Edgewonk agreement is terminated by Edgewonk for good cause pursuant to clause 16.3,
17. Edgewonk blocks the access of the user to the Edgewonk services pursuant to section 14, or
18. the user terminates the Edgewonk agreement; the claim of to reimbursement of any advance payments shall however not be excluded in case the user terminates the Edgewonk Services Agreement for good reason, which originates from the area of responsibility of Quantum.
19. Final provisions
    1. Quantum reserves the right to change these Terms of Service at any time without giving reasons, unless an amendment is unreasonable or unduly burdensome to the user. Quantum will notify the user of any changes to the Terms of Service in due time. If the user does not object to the application of the new terms within six (6) weeks after notification, then the amended terms shall be deemed accepted by the user. Together with the notification on the changes to the Terms of Service, Quantum will inform the user of his right to object to the changes and of the relevance of the deadline for objection.
    2. Unless otherwise agreed, the user may submit all notices to Quantum by e-mail or by letter. Quantum may send notices to the user by e-mail or letter to the addresses that the user has specified as the current contact data in his profile.
    3. If any provision of these Terms of Service are or will become invalid, the validity of the remaining provisions shall not be affected.
    4. Place of fulfillment is Frankfurt, Germany.
    5. German law applies with the exclusion of international private law and the German law adopted the UN-merchants law.

— End of the Terms of Service —