“The following terms and conditions govern your business relationship with Quantum Data Analytics. They describe the mutual rights and obligations in our business relationship, set forth rules regarding liability, and contain important information about Quantum Data Analytics’ services. Please read these Terms and Conditions carefully and completely.”

Validity
These General Terms and Conditions (“GTC”) apply to all contracts, other agreements and all business relationships, in whatever form they are concluded or established, with Quantum Data Analytics eU Quellenstr.01, 2490 Ebenfurth, Austria, FN [35988335] (“Quantum Data Analytics”).

These GTC apply in particular to transactions concluded via an electronic platform of Quantum Data Analytics, for example the website https://quant-da.com, other websites, applications, application programming interfaces (API) (collectively the “Quantum Data Analytics Platform” or “Platform”).

Quantum Data Analytics provides certain services in collaboration with, through the agency of, or in referral to third parties. Such third party relationships are established solely with such third parties and may be subject to different terms and conditions. Quantum Data Analytics assumes no responsibility or liability for such third parties.

These TOS govern business relationships with Quantum Data Analytics solely and exclusively. Quantum Data Analytics does not accept any other TOS or any other, different, additional or supplemental agreements, except in cases where Quantum Data Analytics accepts such agreements in writing and with express reference to this provision of the TOS.

These GTC shall apply to all present and future business relations with Quantum Data Analytics, even if not expressly referred to. Quantum Data Analytics reserves the right to amend these GTC in the future and to apply such future versions of these GTC to the business relationship. Business partners of Quantum Data Analytics accept the GTC in the current version with each business transaction (e.g. reimbursement of analyses, use of the trading bot).

Rights and obligations of the Customer

The use of the Quantum Data Analytics Platform is only permitted to natural or legal persons (“Customers”) who have full legal capacity.

The use of the Quantum Data Analytics Platform by Customers requires a Customer Account, which can be registered via the Platform. Customers must provide truthful information when registering. Each Customer may register only one Customer Account.

Customers must use a strong password to access their Customer Account and must keep this password and any other access data to their Customer Account secret from all other persons. Customers may not grant any third party access to their customer account. Customers may not serve as agents or fiduciaries for third parties.

Customers must immediately report any malfunctions, problems, defects or software bugs of the platform via email to info@quant-da.com.

Customers may not use the customer account for illegal activities. Illegal activities include, in particular, criminal offenses, administrative offenses, and financial and tax offenses under the laws of the Republic of Austria.

Customers may not take any actions on the platform which are not offered to them by the platform or which may noticeably influence the performance or function of the platform. This includes, in particular, the operation of unauthorized trading systems in connection with the platform, the use of unauthorized bots or other programs, the exploitation of any defects of the platform for the benefit of the customer or a third party, the dissemination of spam and the disturbance or harassment of other customers inside or outside the platform.

Customers may not take any actions on the platform that may harm the cryptocurrency market.

Rights and Obligations of Quantum Data Analytics

Quantum Data Analytics offers clients the Platform to obtain analytics on the markets for blockchain-based tokens such as cryptocurrencies from Quantum Data Analytics through it. In addition, Quantum Data Analytics offers clients the Quantum Data Analytics trading bot as part of the Platform to automate transactions on blockchains or related to blockchain-based tokens.

Quantum Data Analytics must execute Customer Orders submitted through the Customer Account to the best of its knowledge and belief and with the effort and care of a prudent business person. Quantum Data Analytics is not required to consider whether a particular Order is commercially reasonable or profitable.

Quantum Data Analytics must secure the Customer Account and the Customer’s data in accordance with the state of the art and protect it against unauthorized access. The customer acknowledges that even if this obligation is fulfilled, there is a risk and accepts the risk notices listed in Error: Reference not found.

Quantum Data Analytics may block the customer account of a customer and terminate the business relationship without observing a notice period if the customer violates its obligations under these GTC, in particular any payment obligations;

insolvency, debt settlement or liquidation proceedings are instituted against the Customer, such proceedings are not instituted due to a lack of assets or any other circumstance arises which makes the Customer’s solvency appear to be at risk;

criminal, administrative criminal or financial proceedings or similar proceedings of a governmental authority are instituted against the Customer with respect to the Customer’s account;

Quantum Data Analytics can no longer reasonably be expected to continue the business relationship with the customer for other reasons, in particular if Quantum Data Analytics could suffer tangible material or immaterial damage, including damage to its reputation, as a result of the continuation of the business relationship;

Quantum Data Analytics offers customers the delivery of digital content not stored on a physical data carrier (analyses of markets and other circumstances related to blockchains and blockchain-based tokens such as cryptocurrencies as well as blockchain-based tokens such as cryptocurrencies).

Customers who are consumers in the sense of the Consumer Protection Act expressly waive their 14-day right of revocation in accordance with § 11 Distance and Foreign Transactions Act by registering a customer account in accordance with § 18 para. 1 no. 11 Distance and Foreign Transactions Act. Customers acknowledge that Quantum Data Analytics will start to fulfill the contract after the registration of the customer account. Customers acknowledge that they thereby lose their right of withdrawal.

Quantum Data Analytics must provide customers with a copy or confirmation of the contract after registration of the customer account and commencement of the business relationship, as well as a confirmation of the customer’s consent and acknowledgement after Error: Reference not found.

Data protection
The Customer acknowledges the Privacy Policy of Quantum Data Analytics attached as Annex ./A to these GTC and accepts its terms. The Privacy Policy forms an integral part of these GTC.

Risks and Liability

Customer acknowledges that technical malfunctions of the Platform or third party services may affect Quantum Data Analytics’ ability to perform its obligation under Error: reference not found of these TOS.

Customer acknowledges that for electronic platforms of any kind, including Quantum Data Analytics’ platform, there is always a risk of unauthorized use by third parties that cannot be eliminated, particularly by hackers.

Quantum Data Analytics does not warrant or guarantee that the receipt, use, possession or transmission of Blockchain-based tokens such as cryptocurrencies will be uninterrupted or error-free. Customer understands and accepts the inherent risk that the Platform, other software (including third party software), underlying technologies and concepts may contain defects, vulnerabilities, programming errors (bugs) that may cause Blockchain-based Tokens such as cryptocurrencies to be lost entirely.

The Customer knows and accepts the risk of extreme volatility of Blockchain-based Tokens such as cryptocurrencies, which can lead to the value of Blockchain-based Tokens such as cryptocurrencies falling to zero.

The Client is aware of and accepts the risk of market manipulation, Blockchain manipulation (such as double-spending, which may cause Blockchain-based tokens such as cryptocurrencies to be lost entirely.

Any analyses of Quantum Data Analytics reimbursed to the Client always refer to the time of the preparation of the respective analysis. Quantum Data Analytics does not guarantee and does not warrant that analyses regarding future developments will or may occur. Customers are solely responsible for their own use of Quantum Data Analytics analyses.

Customer understands and accepts that electronic systems such as the Platform require periodic maintenance and development work and that such work will require planned and unplanned interruptions to the Platform’s systems. Quantum Data Analytics will, to the extent possible, design and perform such work in a manner that minimizes disruption to Customer’s use of the Platform.

Quantum Data Analytics shall be liable within the scope of the business relationship and in particular within the scope of the risks described above
vis-à-vis entrepreneurs only for direct and foreseeable damage caused intentionally by Quantum Data Analytics; and
towards consumers only for direct and foreseeable damages caused by Quantum Data Analytics intentionally or by gross negligence.

Quantum Data Analytics is not liable for indirect damages, consequential damages, lost profits, or damages including third party software damages.

General provisions
Announcements of Quantum Data Analytics to customers are made by means of a message on the platform (message in the customer account) or by e-mail to the address that a customer specifies as e-mail address in the customer account at the respective time.

All agreements concerning the business relations of Quantum Data Analytics must be in writing to be effective. The requirement of the written form can only be waived in writing.

Should any provision of these GTC be invalid, void, unenforceable or unenforceable, the validity of the remainder of these GTC shall not be affected, provided that this is in accordance with the intention of the parties as evidenced by the provisions of these GTC in their context. Such a provision shall then be replaced by a valid and enforceable provision which has such a legal and, above all, economic content as the invalid provision or comes closest to it. The above provisions shall apply mutatis mutandis in the event that the GTC concluded between the parties prove to be incomplete.

Quantum Data Analytics will send electronic copies of these GTC to customers at any time upon their request.

This purchase agreement shall be governed by Austrian law, excluding the conflict of law rules of Austrian private international law and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the court responsible for commercial matters for the registered office of Quantum Data Analytics.