General Terms and Conditions - GTC!
The General Terms and Conditions have been translated from the original German version into English with the help of deepl. The German formulated version is valid.
“The following General Terms and Conditions govern your business relationship with Quantum Data Analytics GmbH. They describe the mutual rights and obligations in our business relationship, set out rules on liability and contain important information about the services provided by Quantum Data Analytics. Please read these GTC carefully and completely.”
These General Terms and Conditions (“GTC”) shall apply to all contracts, other agreements and all business relationships, in whatever form they are concluded or established, with Quantum Data Analytics GmbH(iG), Quellenstr. 01, 2490 Ebenfurth, Austria, FN  (“Quantum Data Analytics”).
These TOS 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 cooperation with, through the agency of, or in referral to third parties. Such business relationships with third parties 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 T&Cs govern business relations with Quantum Data Analytics exclusively and solely. Quantum Data Analytics does not accept any other GTC 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 GTC.
These GTC shall apply to all current and future business relationships with Quantum Data Analytics, even if no express reference is made to them. 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 keep this and 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 firstname.lastname@example.org.
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 are not allowed to 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. In addition, Quantum Data Analytics offers clients the Quantum Data Analytics Trading Bot as part of the Platform to automate transactions on blockchains or in connection with blockchain-based tokens.
Quantum Data Analytics must execute orders of the Customer submitted via 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 verify whether a particular order is commercially reasonable or profitable.
Quantum Data Analytics must secure the customer account and the customer’s data according to the state of the art and protect them 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 notice 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 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 state authority are initiated against the customer with respect to the customer’s customer 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 provides customers with the delivery of digital content not stored on a physical medium (analytics 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 within the meaning of the Consumer Protection Act expressly waive their 14-day right of revocation pursuant to § 11 Distance and Foreign Transactions Act by registering a customer account pursuant to § 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 take note that they thereby lose their right of withdrawal.
Quantum Data Analytics must provide customers with a copy or confirmation of the contract after registering the customer’s account and establishing the business relationship, as well as a confirmation of the customer’s consent and acknowledgement after Error: reference not found.
Risks and Liability
Customer acknowledges that technical malfunctions of the Platform or third party services may affect Quantum Data Analytics’ ability to fulfill its obligation under Error: Reference Not Found of these TOS.
The Customer acknowledges that for electronic platforms of any kind, including the platform of Quantum Data Analytics, there is always an irremediable risk of unauthorized use by third parties, in particular by hackers.
Quantum Data Analytics does not warrant or guarantee that the receipt, use, possession or shipment 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), 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 Client understands and accepts the risk of extreme volatility of Blockchain-based tokens such as cryptocurrencies, which may cause the value of Blockchain-based tokens such as cryptocurrencies to drop to zero.
The client understands and accepts the risk of market manipulation, blockchain manipulation (such as double-spending, which can cause blockchain-based tokens such as cryptocurrencies to be completely lost.
Any analyses provided to the Client by Quantum Data Analytics always refer to the time at which the respective analysis was prepared. Quantum Data Analytics does not guarantee and does not warrant that analyses regarding future developments will or could 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 by Quantum Data Analytics with intent; and vis-à-vis consumers only for direct and foreseeable damage caused by Quantum Data Analytics due to intent or gross negligence.
Quantum Data Analytics is not liable for indirect damages, consequential damages, lost profits, or damages including third party software damages.
Announcements from 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 the e-mail address in the customer account at the relevant time.
All agreements concerning the business relations of Quantum Data Analytics must be in writing in order to be effective. The requirement of the written form can only be waived in writing.
If any provision of these GTC is 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 provision shall then be replaced by a valid and enforceable provision which has such 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 provide Customers with electronic copies of these GTC 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.