GENERAL TERMS AND CONDITIONS (GTC) – AlertoWatch
1. Provider
The provider of the AlertoWatch platform is:
Lukas Herbst
c/o flexdienst – #20521
Kurt-Schumacher-StraĂźe 76
67663 Kaiserslautern
Germany
E-mail: info@alertowatch.com
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2. Scope of Application
(1) These General Terms and Conditions (GTC) apply to all contracts between the provider and users of the AlertoWatch platform.
(2) AlertoWatch is intended for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) as well as adult consumers. Minors are excluded from use.
(3) Any deviating terms and conditions of the user shall not apply unless the provider has expressly agreed to their application in text form.
(4) The version of these GTC valid at the time the contract is concluded shall apply.
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3. Subject Matter of the Contract and Description of Services
(1) AlertoWatch is a web-based software solution (Software-as-a-Service) that enables users to create, manage, and receive notifications for automated market alerts and market observations (watchers) based on their own conditions, parameters, and configurations.
(2) The platform may in particular provide functions for:
- the creation and management of alerts,
- the creation and management of watchers for the continuous observation of market data,
- the processing of market data,
- the delivery of notifications,
- the display of technical information,
- the use of AI-supported assistance functions,
- the management of account settings,
- the use of paid plans, as well as
- participation in an affiliate program.
(3) The provider owes exclusively the technical provision of the platform within the scope of the functions and plans offered from time to time.
(4) In particular, the provider does not owe any specific economic success, any profit opportunity, any error-free market analysis, or the suitability of the platform for a specific individual purpose of the user.
(5) Any specific availability, response time, error-free operation, or uninterrupted usability shall only be owed if expressly agreed separately.
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4. Registration and User Account
(1) The use of AlertoWatch generally requires the creation of a user account.
(2) The user is obliged to provide truthful, complete, and up-to-date information during registration.
(3) The user is obliged to keep their access data confidential and to protect it against access by unauthorized third parties.
(4) The user shall be liable within the scope of the law for activities carried out using their user account, insofar as they are responsible for such activities.
(5) The provider is entitled to temporarily or permanently block user accounts if there are concrete indications of misuse, unlawful use, security violations, or violations of these GTC.
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5. Conclusion of Contract
(1) The presentation of services does not constitute a binding offer.
(2) The contract is concluded as soon as the user selects a paid plan, fully completes the ordering process, and the provider activates the service.
(3) In the case of free models, the contract is concluded upon activation.
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6. Scope of Services and Changes
(1) The scope of functions displayed at the time of conclusion of the contract shall be decisive.
(2) The provider is entitled to further develop or modify the platform, provided that the purpose of the contract is not materially impaired.
(3) Services may be changed or discontinued for objective reasons.
(4) No claim exists to specific features or integrations.
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7. No Investment Advice
(1) AlertoWatch does not provide investment advice or financial advice.
(2) All content serves technical information purposes only.
(3) In particular, the content does not constitute a recommendation to buy, sell, or hold financial instruments.
(4) Decisions are made under the user’s own responsibility.
(5) No liability is assumed for decisions made by the user.
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8. Risks Relating to Data, Alerts, and Watchers
(1) Data may be inaccurate, incomplete, or delayed.
(2) Data is partly sourced from third parties.
(3) Deviations are possible (API failures, delays, etc.).
(4) No warranty is given for data quality.
(5) Alerts and watchers may be delayed, erroneous, or incompletely triggered.
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9. Use of AI
(1) AI functions may be used.
(2) Third-party providers may be used.
(3) AI may be inaccurate, incomplete, or delayed.
(4) AI-generated content does not constitute a reliable basis for decision-making.
(5) Use is at the user’s own responsibility.
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10. Notifications
(1) Delivery may take place via various channels.
(2) Delivery depends on external factors.
(3) Only the technical triggering is owed.
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11. Prices and Payment
(1) Use may be subject to payment.
(2) Prices are shown on the platform.
(3) Payment processing is carried out via external providers (e.g. Stripe). The provider is entitled to use additional payment service providers.
(4) Payments are due immediately.
(5) In the event of default, access may be blocked.
(6) Price changes are possible for the future.
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12. Trial Phases
(1) Trial phases may be offered.
(2) There is no entitlement to continuation.
(3) Misuse may be prevented.
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13. Right of Withdrawal
13.1 Statutory Right of Withdrawal
(1) Consumers are entitled to a right of withdrawal.
(2) Period: 14 days.
(3) A declaration by e-mail is sufficient.
13.2 Expiry
(1) The right of withdrawal expires in the case of digital services if:
- the user expressly agrees,
- performance begins, and
- the user confirms knowledge of the loss of the right of withdrawal.
(2) Consent is given by means of a separate declaration expressly to be confirmed during the ordering process and is logged.
13.3 Consequences
(1) Reversal shall take place in accordance with statutory provisions.
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14. Contract Term and Termination
(1) The contract term depends on the selected plan.
(2) Termination is possible at any time with effect as of the end of the respective billing period.
(3) Termination may be effected via the user account.
(4) No pro rata refund shall be granted unless required by law.
(5) The right to extraordinary termination remains unaffected.
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15. Affiliate Program
(1) Optional program.
(2) Participation only upon activation.
(3) Commission only under valid conditions.
(4) No entitlement in cases of misuse, etc.
(5) Review by the provider is possible.
(6) Payout subject to conditions.
(7) Clawback is possible.
(8) Tax responsibility lies with the user.
(9) No entitlement to the existence or continuation of the program.
(10) Payouts under the affiliate program may be made manually and may also be made in the form of cryptocurrencies.
(11) The user is obliged to provide correct and complete wallet addresses.
(12) The provider assumes no liability for incorrect, incomplete, or false wallet address details.
(13) Cryptocurrency transactions are generally not reversible and cannot be undone.
(14) The user bears the sole risk for losses in connection with the use of cryptocurrencies, in particular due to incorrect transfers or technical errors.
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16. Prohibited Use
(1) No unlawful use.
(2) In particular prohibited:
- manipulation
- circumvention
- reverse engineering
- misuse
(3) Measures may be taken in the event of violations.
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17. Availability
(1) No guaranteed availability.
(2) Maintenance may take place.
(3) Interruptions are possible.
(4) Claims exist only within the framework of statutory provisions.
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18. Warranty
(1) Excluded for free services.
(2) For paid services, limited in accordance with statutory law.
(3) No defect exists in the case of third-party problems.
(4) No guarantee of suitability.
(5) The user should make their own data backups.
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19. Liability
(1) Unlimited in cases of intent, gross negligence, etc.
(2) In cases of slight negligence, only for essential contractual obligations (cardinal duties).
(3) Limited to foreseeable damage.
(4) In all other respects, liability is excluded, subject to mandatory statutory provisions.
(5) This also applies to:
- financial losses
- lost profits
- erroneous alerts
- data errors
- API failures
- AI errors
- etc.
(6) This also applies to employees and vicarious agents.
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20. Force Majeure
No liability in cases of force majeure.
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21. Data Protection
Processing is carried out in accordance with the Privacy Policy.
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22. Amendments to the GTC
(1) Amendments are possible for objective reasons.
(2) Information shall be provided.
(3) If the user does not object within 30 days, the amendments shall be deemed accepted, provided that the user was informed of this consequence. The provider shall also inform the user of the right of termination.
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23. API and Webhooks
(1) The provider may provide interfaces (APIs, MCP endpoints) and webhook functions.
(2) Use is at the user’s own responsibility.
(3) The provider assumes no warranty for:
- availability,
- delivery,
- sequence,
- completeness, or
- error-free nature
of the data transmitted via APIs or webhooks.
(4) The user is obliged to independently review and validate received data.
(5) The provider is entitled to change, restrict, or discontinue API access and webhook functions at any time.
(6) Misuse, in particular by automated overloading, circumvention of limits, or impermissible system interference, is prohibited.
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24. Final Provisions
(1) German law shall apply.
(2) Place of jurisdiction for entrepreneurs: registered seat of the provider.
(3) Severability clause.
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Language Version
This English version is provided for convenience only. In the event of any discrepancies, inconsistencies, or deviations between the English version and the German version, the German version shall prevail.
