General Terms and Conditions - GTC!

“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.”

Quantum Data Analytics e.U.
Version: 2026

These General Terms and Conditions govern the business relationship between you and Quantum Data Analytics e.U. They define the rights and obligations of the parties, explain the structure of our services, and contain important information regarding liability and the allocation of responsibility. Please read these provisions carefully.

1. Scope of Application

These General Terms and Conditions apply to all business relationships between:

Quantum Data Analytics e.U.
Quellenstraße 01
2490 Ebenfurth
Austria

(hereinafter referred to as “QDA”)

and its users and contractual partners.

They apply in particular to all use of QDA’s digital infrastructure, including:

Any deviating terms and conditions shall apply only if QDA expressly agrees to their validity in writing.

2. Nature of the Service – Research in Safe Mode

QDA currently operates exclusively as a research and analytics business (“Safe Mode”).

QDA provides structured market analyses, indicator-based evaluations, and systematic research content.

The services expressly do not include, in particular:

  • transmission of orders
  • execution of orders
  • portfolio or asset management
  • individual investment advice
  • automated trade execution
  • access to client funds or trading accounts

All investment decisions and transactions are made exclusively by the clients within their own trading environment.

QDA does not operate an order endpoint, does not collect API secrets, and does not store trading credentials.

2.4 Quantum Pro – Current Status

The product “Quantum Pro” is currently not available.

Due to the regulatory framework, in particular in connection with Regulation (EU) 2023/1114 (“MiCA”), as well as ongoing legal and licensing review, Quantum Pro is not currently being offered.

At present, no signals, trading prompts, or individualized evaluations are generated or provided for clients.

QDA solely measures and publishes the theoretical performance of its research architecture within the scope of internal research, simulation, and evaluation processes. Such publications take the form of documented research or model performance (“track record”) and serve exclusively:

  • methodological analysis,
  • scientific evaluation,
  • technical development, and
  • the transparent presentation of model-based results.

This expressly does not constitute:

  • investment advice,
  • an invitation or solicitation to acquire or dispose of assets,
  • a personalized recommendation, or
  • the actual provision of signals for specific trading decisions.

Any future provision of Quantum Pro shall be subject to separate legal approval and independent contractual arrangements.
No real-time signal is provided, no publication takes place simultaneously with market events, and no structured forwarding to individual users occurs.

3. Regulatory Classification

Under its current operating model, QDA does not provide financial services within the meaning of Regulation (EU) 2023/1114 (MiCA).

In particular, QDA does not engage in:

  • custody of crypto-assets,
  • execution or transmission of orders,
  • individual investment advice,
  • portfolio management.

Should QDA offer services in the future that require regulatory authorization, such services shall be provided only after the corresponding legal approval has been obtained and on the basis of separate contractual arrangements.

4. Clients’ Personal Responsibility

The use of the analyses provided is at the client’s own responsibility.

Clients are responsible in particular for:

  • selecting their trading platforms,
  • making specific transaction decisions,
  • risk management,
  • compliance with the legal system applicable to them.

At no time does QDA have access to clients’ assets, wallets, or trading accounts.

5. Use and Integrity of the Platform

Access credentials must be treated confidentially.

The following are prohibited in particular:

  • circumventing technical protection mechanisms,
  • misuse of the content,
  • disclosure or commercial exploitation without consent,
  • use for unlawful purposes.

QDA’s content may not be used in such a way that QDA effectively appears to be the source of orders or that automated trading processes are triggered.

6. Remuneration in Safe Mode

The current research/analytics operation is provided free of charge.

Any future paid models shall require a separate contractual agreement.

7. Liability and Risk Notice

Digital assets are subject to substantial market and technology risks.

QDA provides no warranty for:

  • the occurrence of specific market movements,
  • forecasting accuracy,
  • economic results,
  • performance developments.

To the extent permitted by law, QDA shall be liable exclusively for direct damages caused intentionally or by gross negligence.

Toward consumers, QDA shall be liable for slight negligence only in the event of a breach of essential contractual obligations and limited to the damage typically foreseeable at the time of contracting.

Mandatory statutory liability provisions remain unaffected.

8. Data Protection

Personal data shall be processed in accordance with QDA’s Privacy Policy.

QDA processes data in accordance with the principle of data minimization and does not store API secrets or trading access credentials.

9. Availability

QDA strives for a high level of technical stability but does not guarantee uninterrupted availability.

Maintenance work, external outages, or force majeure events may cause temporary restrictions.

10. Commencement and Termination of the Contractual Relationship

The business relationship begins upon registration.

Clients may terminate their account at any time.

QDA shall be entitled to terminate business relationships upon reasonable notice or for good cause, in particular in the event of violations of these General Terms and Conditions or regulatory requirements.

11. Amendments to these General Terms and Conditions

QDA shall be entitled to amend these General Terms and Conditions for objectively justified reasons, in particular in the event of:

  • legal changes,
  • regulatory requirements,
  • technical developments.

Any amendments shall be communicated electronically. Where required by law, an appropriate period for objection or termination shall be granted.

12. Quantum Premium – Independent Contractual Framework

Quantum Premium is an independent, paid analysis and information service of QDA.

Quantum Premium does not constitute a mere extension of Safe Mode, but is based on a separate contractual relationship with its own service and warranty provisions.

In addition and with priority, the following shall apply to Quantum Premium:

  • the “Contract & General Terms and Conditions for Quantum Premium,”
  • the appendix “Service Value Preservation & Service Continuity Guarantee,”
  • the respective booked package description.

These documents jointly form the complete contractual framework.

In the event of any contradictions, the more specific provisions of the Quantum Premium contract shall prevail.

Even within the scope of Quantum Premium, QDA does not manage client funds, execute transactions, or provide individual investment advice.

13. Applicable Law and Jurisdiction

Austrian law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For entrepreneurs, the place of jurisdiction shall be the court with subject-matter jurisdiction at QDA’s registered seat.

For consumers, the mandatory consumer protection provisions of their state of residence shall apply.

14. Final Provisions

Should any individual provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.