- 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
- These Terms of Service apply irrespective of whether the user is a consumer (Verbraucher), businessman (Unternehmer) or merchant (Kaufmann).
- 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.
- The Edgewonk Services
- Quantum provides an online service for traders in securities and financial instruments on the Edgewonk System accessible at www.edgewonk.com and and edgewonk.app (“Edgewonk System“).
- The Edgewonk System offers a trading journal allowing users to analyse, evaluate and potentially improve their trading behaviour. Each user creates a personal profile on the Edgewonk System to which the user may upload and record information relating to their trades for the purposes of analyzing these. The Edgewonk system does not give any trading recommendations. Its functionality is limited to processing the user’s trading data and allowing the user to draw conclusions therefrom.
- In addition, the Edgewonk System allows each user to share the information uploaded to its profile with the user community active on the Edgewonk System or, at its choice with the public by generating a personal and public profile page. The user may use provided features (such as the electronic transmission of messages) for information sharing with other users and the public.
- The user can use the offered export functions to print out associated data. The user is explicitly prohibited to export, distribute or publish trading data in other ways than through the available Edgewonk export function.
- Costs of using the services of Edgewonk, connection fees
- Quantum provides the user a large part of the Edgewonk Services free of charge. When the user wishes to use paid Edgewonk Services, it will be specifically mentioned and confirmed explicitly by the user within the purchase process. The applicable pricing may be found within the Package Overview https://edgewonk.com/pricing/.
- Details of the fees for the paid Edgewonk Services are provided on the Edgewonk Sytsem website under the section “Pricing” https://edgewonk.com/pricing/. The fees listed are binding. The fees for the paid Edgewonk Services have to be paid immediately for the entire period.
- Payments can be made using the various debiting procedures, especially with the accepted credit cards or using the available online payment systems. If a payment cannot be collected, the user owes any related fees including bank charges connected to refunds of debits and similar charges to the extent that the user is responsible for causing these costs. Quantum may submit invoices and payment reminders via e-mail.
- In particular, users of paid Edgewonk Services are responsible to update the email address, billing address or any other relevant payment information in their user profile. The user profile will be maintained at our payment and profile manager chargebee.
- For the purpose of processing payments, payment data will be stored with our payment providers (chargebee, PayPal or Stripe) for a maximum of 60months on Stripe. Regarding PayPal’s data storage policy, please refer to https://www.paypal.com/us/webapps/mpp/ua/legalhub-full or https://www.paypal.com/myaccount/privacy/privacyhub.
- When using the Edgewonk Services, in particular uploading data (such as broker statements, graphics, videos) or downloading trading information on a user device (e.g. computer or mobile phone) the user may incur connection or transfer costs which the user will have to pay to its internet provider or mobile or telecommunications operator.
- Conclusion of the Edgewonk Services Agreement
- Using the Edgewonk Services requires a registration on the Edgewonk System. The following information must be specified (“Mandatory Access Information“)
 Personal e-mail address;
 A freely selected password (at least 12 characters consisting of letters, numbers and / or symbols);
 Confirmation of the user to agree to these Terms of Service;
 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.
- 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).
- Each user may register only once and only create one individual user profile.
- 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.
- 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.
- Quantum accepts this offer by activating the membership and granting access to the Edgewonk System and use of the Edgewonk Services accordingly.
- 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.
- Right of withdrawal
- Users who are consumers (Verbraucher) have the right to withdraw from die Edgewonk Service Agreement in accordance with the statutory provisions. Exceptions to this right to withdrawal are regulated in clause 5.3 and clause 5.4.
- Apart of that, the following provisions which are set out in detail apply for the right of withdrawal.
Instruction on withdrawal
Right of withdrawal
You have the right to withdraw this agreement within fourteen days without giving any reasons.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Quantum Trade Solutions GmbH, Berliner Strasse 300b, 63065 Offenbach, Germany, 00491738419593, email@example.com) by means of a clear statement (e.g. a letter, or e-mail sent by post) of your decision to withdraw this contract. You may use the attached sample withdrawal form for this purpose, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of withdrawal
If you withdraw this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different delivery mode from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal of this agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the services be commenced during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal in respect of this agreement compared to the total amount of services provided for in the agreement.
- 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.
- 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
- has expressly agreed that the entrepreneur may start performance of the agreement before the expiry of the withdrawal period, and
- has confirmed his knowledge that he loses his right of withdrawal by giving his consent at the beginning of the execution of the agreement.
- Quantum will provide information on the sample withdrawal form in accordance with the statutory provisions as follows:
Sample – withdrawal form
(If you want to withdraw the contract, please fill out this form and send it back).
– To Quantum Trade Solutions GmbH, Berliner Strasse 300b, 63065 Offenbach, Germany, 00491738419593, firstname.lastname@example.org:
– I/we (*) hereby withdraw the agreement concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as appropriate
- Modification of the scope of Edgewonk Services; potential limitation to the availability of the Edgewonk System; technical limitations
- 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.
- 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.
- 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.
- Community aspects, user data, content removal
- 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“.
- 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:
- 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.
- 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.
- 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.
- 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.
- Retrieval and modification of personal data by the user
- The user may access the Mandatory Access Information (clause 4.1 above), the Additional Profile Information (clause 4.2 above) and the Personal Utilization Data (clause 7.1 above) that is stored within the Edgewonk System. In addition, the user may change the Mandatory Access Information and the Additional Profile Information at any time. However, the user may not irreversibly delete the aforementioned data. If the user intends to delete all its relevant personal data, the user will have to terminate the agreement in accordance with clause 16.2 below.
- Access to the Mandatory Access Information, the Additional Profile Information and the Personal Utilization Data is granted in the sub-section “Profile” on the Edgewonk System accessible at www.edgewonk.com.
- The provisions relating to the storage of personal data following the date of termination of the Edgewonk Services Agreement (clause 10.2 below) remain unaffected.
- Obligations of the user
- Confidentiality of access
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.
- Compliance with laws and protection of third party rights
- 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.
- 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.
- The provisions in clause 10.2 relating to the storage of user content following the termination of the Edgewonk Service Agreement shall remain unaffected.
- Private and commercial use:
- 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.
- 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.
- The user has to refrain from any actions which are likely to affect the functionality of the platform and the services of Edgewonk.
- System requirement
- The system requirements that the user’s computer systems must meet in order to ensure the use of the Edgewonk Services are disclosed on the Edgewonk website. Quantum is not responsible for the hardware and software on the user’s side and for the telecommunications connection between the user and the Edgewonk Platform.Granting of rights by the user to the content posted to the public
- If the user uploads content (mainly, but not exclusively, in the form of texts, broker statements, photos, videos, and graphics) to the Edgewonk System and makes this content available to other users, the user grants Quantum the non-exclusive right to use this content across the complete platform of the Edgewonk System to make such content available to the public and to other users. This includes the user granting the right to Quantum to edit the content posted by a user, in particular to take all necessary technical adjustments (e.g. in terms of the resolution of photos).
- The rights that are granted to Quantum according to the above clause 10.1 in respect of the content uploaded by a user does not expire on the date in which the Edgewonk Services Agreement is terminated in accordance with clause 16.2 or on which content is removed by the user from the Edgewonk System, i.e. is deleted. The provisions relating to the storage of content following termination of the Edgewonk Services Agreement as set out in clause 16.5 shall remain unaffected.
- Contents of users and third parties
- The User represents and warrants that he is the rightful holder of all necessary rights to the content placed by him on the Edgewonk System. He hereby agrees to indemnify, defend and hold harmless Quantum, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
- any violation by the user of these Terms of Service;
- 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;
- 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.
- 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.
- Liability of Quantum
- For damages suffered by a user as a result of a ordinary negligent breach of duty attributable to Quantum, Quantum may be held liable only to the extent that the damage is foreseeable and typical of an agreement relating to the provisions of services of the type of the Edgewonk Services and was caused directly by the breach of duty. In particular, liability for loss of data is limited to the typical restoration effort that would have been required if backup copies had been made regularly by the user and in accordance with the level of risk. Liability for ordinary negligence in respect of obligations that are not essential for the provision of the Edgewonk Services is excluded.
- Quantum has developed the Edgewonk Services to the best of its knowledge. However, it is important to note that the current state of technology does not allow software to be created in such a way that errors can be completely ruled out. When providing the Edgewonk Services and making the information available on the Edgewonk Platform, Quantum will exercise the care that is customary in its own affairs. Quantum will correct or supplement incomplete or incorrectly transmitted information as soon as possible upon Quantumvobtaining knowledge of the default. Unless liability is mandatory under applicable law, any further liability by Quantum for indirect damage caused by the use of the Edgewonk Services is excluded. In particular, Quantum assumes no liability for the User being able to use the information obtained through the Edgewonk Services as intended. Accordingly, Quantumalso assumes no liability for the correctness of the findings that Users draw from the results and metrics obtained in the Edgewonk Services.
- The limitations of liability contained in the above clauses 12.1 and 12.2 also extend to any claims by the user for reimbursement of such expenses which the user has incurred in expecting receipt of contractual performance and which he was reasonably entitled to expect.
- Quantum is liable without restriction to users for damages arising from injury to life, body or health which are based on an intentional or grossly negligent breach of duty by Quantum or its legal representatives or agents and for other damages which are based on an intentional or grossly negligent breach of duty or fraudulent intent by one of the aforementioned persons. In addition, Quantum is liable to users without restriction for damage covered by liability under mandatory statutory provisions and in the event of any warranties made by Quantum.
- Unless otherwise provided for in the above provisions of this section 12, all liability of Quantum – irrespective of the legal grounds – is excluded.
- Privacy, permanent storage of data in certain cases
- Quantum electronically processes the information provided by the user for purposes arising from the Edgewonk Services Agreement. Accordingly, the disclosure of data by Quantum to third parties is done only in the context of that agreement.
- By agreeing to these Terms of Service, the user also consents to the following:
- 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;
- 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.
- 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
- Quantum at email@example.com.
- Temporary blocking of a user, delete content by Edgewonk
- Should Quantum obtain concrete evidence that the user shows illegal behavior in the use of the platform, in particular violating the rights of third parties by uploading content to the Edgewonk System or otherwise violates these Terms of Service, then Quantum is entitled to remove legally objectionable or offending content from the Edgewonk System and limit or prohibit the use of Edgewonk Services without notice to the affected user and / or to exclude (possibly) illegal behaving users temporarily from using the Edgewonk Services after appropriate notice, i.e. pending resolution of the allegations made against the affected user.
- The provisions under clause 16.3 relating to the right of termination of the Edgewonk Services Agreement remain unaffected.
- Duration of Edgewonk Services Agreement, Trial period
- 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.
- 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.
- Duration, termination, refund of fees paid in advance
- 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.
- 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 (firstname.lastname@example.org).
- 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.
- 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.
- 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.
- 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.
- 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.
- The user may not request repayment of any fees that have been prepaid in the following cases:
- The Edgewonk agreement is terminated by Edgewonk for good cause pursuant to clause 16.3,
- Edgewonk blocks the access of the user to the Edgewonk services pursuant to section 14, or
- 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.
- Final provisions
- 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.
- 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.
- If any provision of these Terms of Service are or will become invalid, the validity of the remaining provisions shall not be affected.
- Place of fulfillment is Frankfurt, Germany.
- 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 —