Terms & Conditions

“The following Terms & Conditions govern your relationship with Quantum Data Analytics. They describe mutual rights and obligations, set out liability rules, and contain important notices regarding Quantum Data Analytics’ services. Please read these Terms carefully and in full.”

1. Scope and Basics

These Terms & Conditions (“Terms”) govern the relationship between the customer (“you” / “Client”) and Quantum Data Analytics e.U., Quellenstraße 01, 2490 Ebenfurth, Austria, FN 35988335 (“QDA”).

These Terms apply to all contracts, agreements, and dealings with QDA, in particular to any transactions through QDA’s electronic platform, including the website https://quant-da.com, applications, and application programming interfaces (the “Platform”).

Any deviating or supplementary terms of the Client shall not become part of the contract unless QDA expressly agrees in writing.

2. QDA Services (current operating mode)

2.1 Research/Analytics only (Safe Mode).
QDA currently provides indicator-based market signals and analytics as information only. QDA does not receive or transmit orders, does not execute orders, does not provide portfolio management, and does not provide individualized investment advice. All decisions and any execution remain solely with the Client in the Client’s own trading environment.

2.2 “Quantum Pro” – not offered at this time.
The product “Quantum Pro” is not offered at present. QDA may adjust availability and apply geographical access restrictions (geo-blocking). Any future availability is subject to separate legal prerequisites (e.g., authorization) and new contractual terms.

2.3 No execution-capable interfaces.
QDA operates no order endpoint, does not receive orders, and does not transmit orders to exchanges/brokers. API keys/secrets or trading scopes of Clients are not collected, stored, or used by QDA.

2.4 Retrospective publications.
QDA may publish weekly, retrospective, aggregated result summaries (e.g., “Wk 38 | −1.37% | Research”). These are not recommendations, contain no individual trades/entry levels/quantities, and serve information purposes only.

3. QDA Rights and Duties

3.1 QDA provides information using reasonable care and industry-standard practices; no execution mandate and no individualized advice.
3.2 Security. QDA protects the Platform and data according to industry standards; residual risks (e.g., third-party outages, internet, exchanges/APIs) cannot be entirely excluded (see Risk Disclosure).
3.3 Regulatory compliance. QDA may (and, where required, must) adjust, restrict, or pause services, update content/wording, and suspend access as needed to comply with law, supervisory requirements, or official orders.
3.4 QDA may suspend accounts or terminate relationships where these Terms are breached, lawful use is doubtful, official orders require it, insolvency/criminal/supervisory proceedings are pending, or continuation poses reputation/legal risks.

4. No regulated financial services (current status)

In the current Safe Mode, QDA provides no financial services within the meaning of Regulation (EU) 2023/1114 (“MiCA”). In particular, QDA provides no custody, no execution of client orders, no reception/transmission of orders, no individualized investment advice, and no portfolio management.
Note: Any future introduction of functions that could fall under MiCA will only occur after prior legal clearance/authorization and under separate contractual terms.

5. Client’s Role and Responsibility

The Client is solely responsible for:

• selecting and using the Client’s own trading environment (exchange/wallet),

• the Client’s own decisions and own execution,

• risk management and monitoring, and

• compliance with the laws of the Client’s place of residence/use.

QDA has no access to client funds, accounts, keys, or exchange settings and cannot view, change, enable, or disable them.

6. Technical Use and Client Duties

6.1 A user account with accurate information is required; credentials must be kept confidential.
6.2 Prohibited use: no illegal purposes, no misuse or circumvention of security mechanisms, no disruption of the Platform.
6.3 No third-party automation via QDA.
Client must not use or forward QDA information in a way that would cause automated orders via QDA or present QDA as an order source.
6.4 Notifications: Any incidents or security issues must be reported without delay to info@quant-da.com.

7. Fees (transitional rule)

7.1 QDA charges no usage fees for the current Research/Analytics operation (Safe Mode).
7.2 Any prior performance-based models are suspended.
7.3 Future pricing (e.g., after legal clearance of new functions) will be communicated separately and only applies after the Client’s express acceptance.

8. Liability and Risk Disclosure

8.1 Market & technology risks: High volatility of digital assets; technical errors, delays, or outages (exchanges/APIs/internet); potential mis-/late signals; potential total loss of capital in the Client’s own trading environment.
8.2 No assurances: QDA makes no assurances regarding accuracy, occurrence, or performance of signals/analytics. Retrospectives are past data, not a guarantee of future results.
8.3 Limitation of liability: To the extent permitted by law, QDA is liable only for intentional or grossly negligent direct damages. QDA excludes liability for consequential or indirect damages, lost profits, third-party losses, and damages arising from third-party outages/errors (e.g., exchanges, networks, hosting).

9. Data Protection and Confidentiality

QDA’s Privacy Policy (part of these Terms) applies. QDA processes personal data minimally and purpose-bound. API secrets/trading credentials of Clients are not stored by QDA.

10. Start of Contract, Withdrawal, and Changes

10.1 The relationship begins upon registration.
10.2 Consumer notice (Austria): under § 18(1) no. 11 FAGG, the right of withdrawal may not apply to immediate delivery of digital content; consent/waiver is recorded electronically.
10.3 QDA may amend these Terms; changes are communicated electronically and deemed accepted if the Client does not object and/or continues to use the Platform.

11. Platform Availability

QDA aims for high availability but does not guarantee uninterrupted or error-free use. Maintenance, technical issues, or force majeure may cause temporary outages.

12. Language and Interpretation

The contract language is German. Translations serve for information only; in case of discrepancies, the German version prevails.

13. Performance-Related Termination

QDA may terminate the relationship at any time with 14 days’ notice, especially where usage suggests a lasting imbalance or where legal/supervisory reasons require it. No entitlement to paid services arises.

14. Client Termination

The Client may terminate the account at any time without notice (via the Platform or in writing). Upon termination, all usage rights end. No additional costs apply.
Personal data will be deleted or anonymized subject to statutory retention.

15. Regulatory Reservations (new)

15.1 QDA may adjust, restrict, or pause services to comply with laws, supervisory requirements, or official orders.
15.2 “Quantum Pro” is not offered at this time. Any functions that could constitute reception/transmission or execution of orders or auto-execution/copy-trading are not available. Any future provision will occur only after prior legal authorization (e.g., MiCA) and under separate contractual terms.
15.3 Weekly retrospectives are Research/Analytics information without call to action and without individual orders.

16. Governing Law, Jurisdiction, Final Provisions

These Terms are governed by Austrian law (excluding conflict-of-laws rules and the CISG).
For business users, exclusive venue is the competent court at QDA’s seat in Wiener Neustadt.
For EU consumers, mandatory consumer protection rules of the consumer’s home member state also apply; consumers may sue at their local court.
If any provision is invalid, the remainder stays effective; an effective provision closest to the economic intent shall replace it.
QDA will provide an electronic copy of these Terms upon request.
Last updated: 12.10.2025