Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and twys Software GmbH ("Company," "we," "us," or "our") concerning your access to and use of the StockAlert.pro website and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you do not have permission to access or use the Service. You must be at least 18 years of age to use this Service.

These Terms apply to all visitors, users, and others who access or use the Service.

StockAlert.pro provides real-time stock market monitoring, alerts, and notifications based on user-defined criteria. The Service includes:

• Customizable stock price alerts (above, below, percentage changes)
• Technical indicator alerts (moving averages, RSI, MACD)
• Fundamental alerts (P/E ratios, earnings announcements, dividend dates)
• Email and SMS notifications
• Real-time market data monitoring
• User dashboard and watchlist management
• Historical alert tracking and analytics
• API access (on applicable plans)

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

To use certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password
• Accept responsibility for all activities that occur under your account
• Immediately notify us of any unauthorized use of your account

You may not use another person's account or share your account credentials with others. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

Guest users may create alerts with email verification but will have limited functionality compared to registered users.

Our Service operates on a subscription basis with multiple tiers:

4.1 Billing

• Subscription fees are billed in advance on a monthly or annual basis
• All payments are processed securely through Stripe
• Prices are stated in USD or EUR depending on your location
• All fees are exclusive of applicable taxes unless otherwise stated
• You authorize us to charge your payment method for all fees

4.2 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your subscription tier. We will notify you of any price changes at least 30 days in advance.

4.3 SMS and Message Credits

Certain subscription plans include SMS notification credits. Additional credits may be purchased separately. SMS rates vary by country and carrier. You are responsible for any carrier charges associated with receiving SMS notifications.

4.4 Free Trial

We may offer a free trial period. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel. We reserve the right to modify or terminate free trial offers at any time.

5.1 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation:

• You will retain access to paid features until the end of your current billing period
• No further charges will be made after the current period ends
• Your account will revert to the free tier (if available)
• Unused SMS credits will be forfeited

5.2 Refunds

We offer refunds under the following circumstances:

• 14-Day Money-Back Guarantee: New subscribers may request a full refund within 14 days of their first payment
• Service Issues: Refunds may be issued for extended service outages or technical failures that prevent normal use
• Billing Errors: We will promptly refund any erroneous charges

Refund requests must be submitted to support@stockalert.pro. Refunds are processed within 5-10 business days. Annual subscriptions are not pro-rated for mid-term cancellations.

5.3 Non-Refundable Items

• Additional SMS credit purchases
• Renewal charges after the first billing cycle
• Fees paid more than 30 days prior to refund request

As a user of the Service, you are responsible for:

• Maintaining the confidentiality and security of your account credentials
• All activities that occur under your account, whether authorized or not
• Ensuring your contact information (email, phone number) is accurate and current
• Using the Service in compliance with all applicable laws and regulations
• Your own investment and trading decisions
• Verifying the accuracy of any data or alerts received
• Understanding the risks associated with trading financial instruments

You acknowledge that you are solely responsible for any consequences arising from your use of the Service.

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without explicit permission
• Resell or redistribute the Service or data obtained from it
• Reverse engineer or attempt to extract source code
• Create derivative works based on the Service
• Use the Service for any illegal, fraudulent, or harmful purpose
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Exceed API rate limits or abuse system resources

Violation of these terms may result in immediate termination of your account and legal action.

The Service and its original content, features, and functionality are owned by twys Software GmbH and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.1 Our Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content") on the Service is owned, controlled, or licensed by us and is protected by intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes. This license does not include any resale or commercial use of the Service or its contents.

8.3 Third-Party Data

Market data and stock information are provided by third-party data providers and are subject to their respective licenses and restrictions. You may not redistribute or resell this data without appropriate licenses.

You retain ownership of any content you submit to the Service, including watchlists, alert configurations, and user preferences ("User Content").

9.1 License to User Content

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Content solely for the purpose of providing and improving the Service.

9.2 Data Privacy

We handle your personal data in accordance with our Privacy Policy and applicable data protection laws (GDPR). You have the right to access, correct, delete, and export your data at any time.

9.3 Data Retention

We retain User Content for as long as your account is active or as necessary to provide services. Upon account deletion, we will delete your User Content within 90 days, except as required by law.

The Service may contain links to third-party websites or services that are not owned or controlled by us, including:

• Financial data providers (Alpha Vantage, etc.)
• Payment processors (Stripe)
• Communication services (Twilio, Resend)
• Analytics providers (PostHog)

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party services you interact with.

11.1 Availability

We strive to provide reliable service but cannot guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to:

• Scheduled maintenance (announced in advance when possible)
• Emergency maintenance or security updates
• Third-party service outages (data providers, hosting)
• Network or hardware failures
• Force majeure events

11.2 Modifications

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. This includes the right to:

• Add, modify, or remove features
• Change alert types or notification methods
• Modify pricing or subscription plans (with 30 days notice)
• Update these Terms of Service
• Limit service availability by geographic region

11.3 Market Hours

Real-time alerts are only available during market trading hours. Alert delivery may be delayed during periods of high market volatility or system load.

12.1 Termination by You

You may terminate your account at any time through account settings or by contacting support. Upon termination, your access to paid features will continue until the end of your billing period.

12.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent or illegal activity
• Abuse of the Service or system resources
• Non-payment of fees
• At our sole discretion

12.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• All licenses granted to you will terminate
• You remain liable for all charges accrued prior to termination
• Sections of these Terms that by their nature should survive termination will survive

12.4 Data Export

Before terminating your account, you should export any data you wish to retain. We are not obligated to provide access to your data after account termination.

IMPORTANT: Please read this section carefully as it limits our liability.

13.1 No Financial Advice

StockAlert.pro provides market data and alerts for informational purposes only. We are NOT a registered investment adviser, broker-dealer, or financial planner. The Service does not constitute:

• Financial, investment, or trading advice
• Recommendations to buy, sell, or hold securities
• Professional financial planning or advisory services
• Tax, legal, or accounting advice

All trading and investment decisions are solely your responsibility. Past performance does not guarantee future results.

13.2 Data Accuracy

While we strive for accuracy, we make no warranties regarding:

• Accuracy, completeness, or timeliness of market data
• Reliability of alert delivery
• Availability of the Service
• Freedom from errors or bugs

Market data may be delayed by up to 15 minutes or more. Alert delivery times may vary based on network conditions, carrier delays, and system load.

13.3 "As Is" and "As Available"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service or servers are free of viruses or harmful components
• Results obtained from the Service will be accurate or reliable

13.4 Investment Risk

You acknowledge that:

• Trading securities involves substantial risk of loss
• You may lose some or all of your invested capital
• You should only trade with money you can afford to lose
• You should consult a qualified financial adviser before making investment decisions

IMPORTANT: This section limits our liability to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TWYS SOFTWARE GMBH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• TRADING LOSSES OR INVESTMENT LOSSES
• BUSINESS INTERRUPTION
• COST OF SUBSTITUTE SERVICES

ARISING FROM OR RELATED TO:

• Your use of or inability to use the Service
• Delayed, failed, or inaccurate alerts
• Errors or inaccuracies in market data
• Service interruptions or outages
• Unauthorized access to your account
• Any third-party content or services
• Any conduct or content of any third party

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.1 Maximum Liability

In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability shall be limited to the maximum extent permitted by law.

In no event shall our aggregate liability exceed the greater of (a) the amount you paid us in the twelve (12) months prior to the event giving rise to liability, or (b) one hundred euros (€100).

14.2 Exceptions

The limitations in this section do not apply to liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

You agree to defend, indemnify, and hold harmless twys Software GmbH, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use or misuse of the Service
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Your User Content
• Your trading or investment decisions

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany. However, we retain the right to bring proceedings against you in your country of residence or any other relevant jurisdiction.

16.3 Informal Resolution

Before filing a formal legal claim, you agree to first contact us at legal@stockalert.pro and attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days.

16.4 EU Consumer Rights

If you are a consumer residing in the European Union, you benefit from mandatory consumer protection provisions under EU law and the laws of your country of residence. Nothing in these Terms affects your statutory rights as a consumer.

16.5 Online Dispute Resolution

The European Commission provides an online dispute resolution platform at http://ec.europa.eu/consumers/odr. We are willing but not obligated to participate in dispute resolution proceedings before a consumer arbitration board.

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us, constitute the entire agreement between you and twys Software GmbH regarding the Service.

17.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision must be in writing and signed by an authorized representative.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms or any rights hereunder without restriction, including to any affiliate or successor.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, fuel, energy, labor, or materials.

17.6 Relationship

No joint venture, partnership, employment, or agency relationship exists between you and twys Software GmbH as a result of these Terms or your use of the Service.

17.7 Notices

We may provide notices to you via email, regular mail, or postings on the Service. Notices become effective when sent. You may provide notice to us at the contact information provided in Section 18.

17.8 Electronic Communications

By using the Service, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will:

• Update the "Last updated" date at the top of these Terms
• Notify you via email at least 30 days prior to any changes taking effect
• Post a notice on our website or in your dashboard

What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

If you do not agree to the new Terms, you must stop using the Service and may terminate your account.

If you have any questions about these Terms of Service, please contact us:

twys Software GmbH

Käthe-Niederkirchner-Str. 30
10407 Berlin
Germany

Email: legal@stockalert.pro
Support: support@stockalert.pro
Website: https://stockalert.pro

Commercial Register: Amtsgericht Charlottenburg (Berlin)
VAT ID: DE[number] (available upon request)