Terms of Service

General Terms and Conditions for the provision of services by Obyrix Einzelunternehmen (sole proprietorship), Münchbuschweg 30A, 67069 Ludwigshafen am Rhein, email: info@obyrix.ai (hereinafter the „Auftragnehmer“ / Contractor) towards its customers (hereinafter the „Auftraggeber“ / Client)

1. General Provisions

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these GTC.

1.2 Insofar as, in addition to these GTC, further contractual documents or other terms and conditions have become part of the contract in text or written form, the provisions of these further contractual documents shall, in the event of a conflict, take precedence over these GTC.

1.3 The Contractor does not recognise any terms and conditions used by the Client that deviate from these terms and conditions, subject to express consent.

2. Subject Matter of the Contract and Scope of Services

2.1 As an independent entrepreneur, the Contractor provides the following services to the Client:

Subscription-based access to the web-based software platforms OBYRIX Terminal (a trading workstation for active traders) and OBYRIX Engine (a quant-research platform for developers and algorithmic trading strategies). In addition, one-time lifetime access is offered as Founder Tiers.

OBYRIX does not provide any financial services, does not give any investment advice and does not provide any signal services. The platforms serve exclusively for research and analysis purposes.

2.2 The specific scope of services is the subject of individual agreements between the Contractor and the Client.

2.3 The Contractor provides the contractual services with the greatest possible care and conscientiousness in accordance with the respective latest state of the art, the latest rules and findings.

2.4 The Contractor is obliged to provide the services owed under the contract. In carrying out its activity, however, it is not subject to any instructions with regard to the manner of providing its services, the place of performance or the time of performance. Nevertheless, when scheduling the working days and arranging the time on those days, it shall determine these itself in such a way that optimal efficiency is achieved in its activity and in realising the subject matter of the contract. The provision of services by the Contractor takes place solely in consultation and coordination with the Client.

3. Duties of Cooperation of the Client

It is incumbent upon the Client to communicate the information, data and other content to be made available by it for the purpose of performing the services completely and correctly. The Contractor is in no way responsible towards the customer for delays in the provision of services that arise due to delayed and necessary cooperation or contribution by the customer; the provisions under the heading „Haftung/Freistellung“ (Liability / Indemnification) remain unaffected by this.

4. Remuneration

4.1 The remuneration is agreed individually by contract.

4.2 The remuneration is to be paid after the services have been rendered. If the remuneration is calculated by periods of time, it is to be paid after the expiry of the individual periods of time (§ 614 BGB / German Civil Code). In the case of effort-based billing, the Contractor is entitled, subject to deviating agreements, to bill the services rendered on a monthly basis.

4.3 After the services have been rendered, the Contractor issues the Client an invoice by post or by email (e.g. as a PDF). The remuneration is due for payment within 14 days of receipt of the invoice.

5. Liability / Indemnification

5.1 The Contractor is liable without limitation on any legal ground in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, on the basis of a guarantee, insofar as nothing else is stipulated in this regard, or on the basis of mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding sentence. Material contractual obligations are obligations which the contract imposes on the Contractor according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely. In all other respects, any liability of the Contractor is excluded. The foregoing liability provisions also apply with regard to the Contractor’s liability for its vicarious agents and legal representatives.

5.2 The Client indemnifies the Contractor against any claims by third parties asserted against the Contractor due to the customer’s breaches of these contractual terms or of applicable law.

6. Contract Term and Termination

6.1 The parties agree the contract term and the periods for ordinary termination individually.

6.2 The right of both parties to terminate without notice for good cause remains unaffected.

6.3 Upon termination of the contract, the Contractor must, at the customer’s choice, return or destroy all documents and other content provided to it without undue delay. The assertion of any right of retention thereto is excluded. Electronic data must be completely deleted. Excepted from this are documents and data for which a longer statutory retention obligation exists, but only until the end of the respective retention period. The Contractor must confirm the deletion in writing to the company upon its request.

7. Confidentiality and Data Protection

7.1 The Contractor shall treat all matters coming to its knowledge in connection with the assignment as strictly confidential. The Contractor undertakes to impose the confidentiality obligation on all employees and / or third parties who have access to the information forming the subject matter of the contract. The confidentiality obligation applies without time limit beyond the duration of this contract.

7.2 The Contractor undertakes to comply with all data protection regulations when carrying out the assignment – in particular the provisions of the General Data Protection Regulation (DSGVO / GDPR) and the German Federal Data Protection Act (BDSG).

8. Final Provisions

8.1 The law of the Federal Republic of Germany applies, excluding the CISG (UN Convention on Contracts for the International Sale of Goods).

8.2 Should any provision of these GTC be or become invalid, the validity of the remaining GTC shall not be affected thereby.

8.3 The Client shall support the Contractor in the provision of its contractual services through appropriate acts of cooperation, insofar as necessary. In particular, the Client shall make available to the Contractor the information and data required to fulfil the assignment.

8.4 Insofar as the Client is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree on the Contractor’s registered seat as the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected by this.

8.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, the legal situation, market conditions or the business or corporate strategy) and subject to an appropriate notice period. Existing customers will be notified of this by email no later than two weeks before the amendment takes effect. Unless the existing customer objects within the period set in the amendment notice, their consent to the amendment is deemed to have been given. If they object, the amendments do not take effect; in this case the Contractor is entitled to terminate the contract extraordinarily as of the date on which the amendment takes effect. The notification of the intended amendment of these GTC will point out the period and the consequences of an objection or its absence.

9. Information on Consumer Dispute Resolution

The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

You can find our email address in the heading of these GTC.