These Terms of Service ("Terms") apply to your access and use of the Best Brokers - Stock Simulator ("Service") of Clemens Elflein & Daniel Fontes oHG, Treinfeld 47, 96184 Rentweinsdorf, Germany (hereinafter referred to as "Best Brokers", "we", "us" or "our").
Please read these Terms carefully. By downloading, accessing and/or using the Best Brokers app, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.
We may modify or change these Terms at any time and in our sole discretion. If we do so, we will provide notice of such changes, such as by sending a Push-Notification before the Services are next used by you.
Your continued use of the Service will confirm your acceptance of the revised Terms. If you do not agree to the amended Terms, please refrain from using the Service and delete your Best Brokers app.
Download and usage of the app is for free. To finance the app, we show ads from third-party ad serving companies and provide several in-app purchase features to extend the functionality of the app.
You can deactivate these messages at any time by changing the notification settings on your device.
You agree you will not do any of the following when using the Service:
You further agree to abide by any third-party terms that apply, including the iTunes App Store Terms of Service and/or the Google Play Store Terms of Service. You acknowledge and agree that the availability of the Best Brokers app is dependent on such third party from which you received the app. You agree that the usage rules for the app are subject to any additional restrictions set forth in the usage rules for the third party Terms of Service as of the date you download the app. In the event of any conflict between the terms and conditions of the third party Terms of Service and the terms and conditions of these Terms, the terms and conditions of the third party Terms of Service will govern if they are more restrictive. Should you do any of this, Best Brokers may terminate your use of the Service, and you may have infringed the copyright and other rights of Best Brokers, which may subject you to prosecution and damages.
You agree that you are solely responsible for your User Content.
Best Brokers cannot accept any responsibility for content, data and/or information provided by you or other users of the Service. We shall in particular not guarantee that the posted content is true, fulfills a specific purpose or can serve such a purpose.
Should you become aware of a use of the services that violates these Terms or the law, we ask you to inform us immediately at firstname.lastname@example.org.
This License Agreement is between you and Best Brokers, and governs your use of the Best Brokers app made available for use on smartphones and other electronic devices.
Best Brokers grants you a limited, non-exclusive, non-transferable and revocable license to use the Best Brokers App for your personal, non-commercial purposes. You may only use the Best Brokers app on a device that you own or control and that is permitted by any applicable usage rules applied by your device’s manufacturer or by the marketplace at which we have made the app available. The terms of this license will also govern any upgrades provided by Best Brokers that replace and/or supplement the original app, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
However, unless we expressly state otherwise, your right to use the Service does not include:
The Service and content included on or otherwise made available to you through the Service is provided on an AS IS or AS AVAILABLE basis without any representations or warranties of any kind.
While Best Brokers attempts to provide a good user experience, we cannot and do not represent or warrant that the Services will always be secure or error-free or that the Services will always function without delay, disruptions or imperfections. Best Brokers cannot guarantee that its Services are virus-free. The user shall take all necessary safety measures and install the latest security updates, in order to prevent viruses.
In the event of any failure of the app to conform to any applicable warranty, you may notify the marketplace from which you have downloaded the app.
Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Best Brokers shall only be liable for willful intent or gross negligence. This limitation of liability does not apply to claims for damages that result from injury to life, body or health.
Best Brokers shall not be liable for slight negligence, if no essential contractual obligation is violated, as far as no guarantee has been agreed upon for the quality of the Services, as far as there is no maliciously concealed defect, default or impossibility for which Best Brokers is responsible. In case of slightly negligent violation of essential contractual duties, the fulfillment of which is required for the due execution of a contract and the observance of which the user relies on and may rely on, the claim for damages shall be limited to the amount of typically predictable damage. The above limitation of liability does not apply to claims for damages that result from injury to life, body or health. The liability according to the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
As far as the liability of Best Brokers is excluded or limited, the same applies for the personal liability of the employees, representatives and agents of Best Brokers.
We may in our sole discretion review, improve, modify or discontinue, temporarily or permanently, the Service and/or any information or content on the Service. If we do so, we will provide notice of such changes, such as by e.g. sending a Push-Notification to you.
You agree that Best Brokers will not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.
These Terms shall be governed by and construed in accordance with German law, and any dispute between you and Best Brokers relating to these Terms will be subject to the exclusive jurisdiction of the courts of Germany.
In case individual provisions in these Terms are or become invalid, or should gaps arise in these Terms, the validity of all other provisions shall not be deemed affected thereby. Instead of the ineffective provision or for replenishment of gaps an adequate provision shall apply, which – to the extent legally permitted – comes as close as possible to what Best Brokers would have wanted in the first place, provided that Best Brokers had thought of the invalid or incomplete provision.
Side agreements require written form. Also, any waiver of the written form shall only be made in writing.