The company PWP Leeway UG (haftungsbeschränkt), Daberkowstraße 12, 13593 Berlin (hereinafter "PWP Leeway") offers its users stock analyses, market assessments and stock-related data via its platform under the Leeway brand on the website www.leeway.tech (hereinafter "PWP Leeway Platform") (hereinafter referred to as "Service" and defined in accordance with § 1.2 of these Terms and Conditions). The following Terms and Conditions become part of the Platform Usage Agreement (relating to the use of this PWP Leeway Platform) between the user and PWP Leeway regarding the use of the PWP Leeway Platform as such.

§ 1 Definitions

1.1
PWP Leeway: The contracting party of the platform user is PWP Leeway UG (haftungsbeschränkt) ("PWP Leeway"). Detailed information about PWP Leeway can be found on the website www.leeway.tech under the Imprint section.

1.2
Service: PWP Leeway provides a so-called Software-as-a-Service (Service) on its platform for users of the PWP Leeway Platform. The subject of this Service is the provision of objective stock analyses and market assessments regarding selected securities and other financial products as well as recommendations for investment strategies and stock-related data (hereinafter "Service") based on these Terms and Conditions. The Service consists exclusively of providing information on securities and other financial products, market assessments and general investment strategies (investment recommendation).

Neither the brokerage or sale of securities or other financial products nor personal investment advice, in which personal circumstances are examined or a recommendation is given as suitable for the customer as an investor, is part of the PWP Leeway Platform or the Service.

1.3
User: Users are users of the PWP Leeway Platform in their capacity as private individuals (consumers within the meaning of § 13 BGB).

1.4
PWP Leeway Platform: PWP Leeway provides its Service to its users via its website www.leeway.tech, its API api.leeway.tech or tools or plugins ("PWP Leeway Platform" or also referred to as "Platform").

1.5
Platform Usage Agreement: PWP Leeway provides the use of its Service on the PWP Leeway Platform only on the basis of these Terms and Conditions ("Platform Usage Agreement"). These apply generally and directly between PWP Leeway and the users.

1.6
Subscription: The user can conclude a paid time-limited subscription for extended use (Premium Package) of the PWP Leeway Platform.

1.7
Broker: A broker is a financial service provider responsible for executing securities orders from investors. For this purpose, the broker acts on behalf of the customer with securities.

§ 2 Contracting Parties and Scope of these Terms and Conditions

2.1
The contracting party of the users of the PWP Leeway Platform is PWP Leeway.

2.2
Users of the PWP Leeway Platform can only be natural persons with unlimited legal capacity within the meaning of the German Civil Code (hereinafter "BGB"), who are consumers within the meaning of § 13 BGB and who have entered into a Platform Usage Agreement with PWP Leeway through the use of the PWP Leeway Platform and confirm these Terms and Conditions.

2.3
These Terms and Conditions apply to the Platform Usage Agreement and uses that arise between PWP Leeway and users regarding services provided via the PWP Leeway Platform.

2.4
These Terms and Conditions apply exclusively. Contradictory, supplementary or deviating conditions of users become part of the contract only if and to the extent that PWP Leeway has expressly agreed to their validity. This requirement for consent applies in all cases, for example also when PWP Leeway performs the service without reservation despite knowledge of the user's contradictory, supplementary or deviating conditions.

Individual agreements made with the user in individual cases (including side agreements, supplements and amendments) always take precedence over these Terms and Conditions. For the content of such agreements, a written contract or our written confirmation is decisive, subject to any counter-evidence.

2.5
References to the validity of legal provisions have only clarifying meaning. Therefore, legal provisions apply even without such clarification, insofar as they are not directly amended or expressly excluded in these Terms and Conditions.

2.6
PWP Leeway is entitled to change or supplement these Terms and Conditions at any time, unless this is unreasonable for users. For this purpose, PWP Leeway notifies its users in a timely manner about the changes (in writing or by email) and publishes them on the PWP Leeway Platform. If the user does not object to the changes to the Terms and Conditions, which must be made within six (6) weeks after notification, the amended Terms and Conditions are deemed accepted by the user. In the notification, the user is expressly informed about their right to object and the meaning of the objection period. In the event of the user's objection to the amendment or supplement of the Terms and Conditions, PWP Leeway is entitled to terminate the Platform Usage Agreement based on these Terms and Conditions with a notice period of four (4) weeks.

2.7
These Terms and Conditions can be viewed and saved as a PDF file (https://leeway.tech/assets/AGB.pdf). Users are also entitled to print them. The user can access, print and save the Terms and Conditions at any time on the PWP Leeway website.

§ 3 Subject Matter of the Contract

3.1
The subject of these Terms and Conditions is the granting of use of PWP Leeway's Service for its users on the PWP Leeway Platform. By using the PWP Leeway Platform, the user agrees to these terms of use for the Platform Usage Agreement.

3.2
Within the framework of the Platform Usage Agreement, which is subject to these Terms and Conditions, PWP Leeway provides its users with an overview of available stock analyses, market assessments and data packages.

Neither source code nor object code of the software is provided to the user. The user only receives the technical possibility and authorization to access and use the Service software, which is hosted on a central server, via the Internet. Users must register, and during registration they must choose a Service module. Upgrades and downgrades between these Service modules are possible for registered users in the login area based on these Terms and Conditions.

3.3
The contract language is German.

§ 4 Registration with PWP Leeway and Platform Usage Agreement

4.1
For use of the platform in a limited scope, the user can register free of charge on the basis of these Terms and Conditions in the corresponding process (hereinafter "Basic Use"). In order for the user to be able to use the platform in full, they must register on the basis of these Terms and Conditions (this is Basic Use) and conclude a corresponding subscription for extended use (hereinafter "Premium Package"). The user can register on the PWP Leeway Platform via the online registration process as follows. The use of the PWP Leeway Platform by the user is exclusively based on these Terms and Conditions, both for Basic Use and the Premium Package. Before binding contract conclusion by the user as part of registration or as part of upgrade or downgrade, all contract-relevant points (in particular but not conclusively the monthly remuneration amount according to § 5 of these Terms and Conditions) are displayed. The submission of the online registration as a user represents a legally binding offer for contract conclusion to PWP Leeway based on these Terms and Conditions.

The user is informed by email about the receipt of their registration request. Subsequently, PWP Leeway sends an email to the user after reviewing the request, which contains an activation link. The user must activate their registration by clicking the activation link. However, this does not yet result in a Platform Usage Agreement with PWP Leeway. A contract with PWP Leeway only comes into effect when PWP Leeway confirms the contract conclusion to the user in a confirmation email or the user account is activated by PWP Leeway. However, it is at PWP Leeway's own discretion to decide whether the respective user is activated or whether a Platform Usage Agreement is concluded with them. PWP Leeway sets up an individual and personal user account for the user in case of successful registration. If necessary, the user chooses a username and an individual password. For access to API functions, users are assigned a unique string for identification (API token). The password or API token must be kept secret and access to the user account must be carefully secured.

Until the binding completion of registration, the user can correct their entries in the electronic purchase process using the usual input devices. The user can recognize possible input errors by carefully reading the information displayed on the screen. If necessary, changing the display size of the browser is helpful for better recognition of input errors.

4.2
The Platform Usage Agreement regulates the rights and obligations of the user regarding the use of the PWP Leeway Platform. There is no obligation for PWP Leeway to provide the platform for all end devices or at all times. PWP Leeway reserves the right to change the platform - in particular the software - technically and in terms of content. PWP Leeway and its partners can supplement service-relevant information via the PWP Leeway Platform with additional information or advertising, e.g. from sponsors. Notifications about marketing activities from PWP Leeway (hereinafter ("Newsletter") are only received by the user if they have agreed to receive the newsletter.

The user can terminate the newsletter subscription at any time by clicking on the field "Unsubscribe newsletter" in the newsletter. In this case, the user's email address is deleted from the newsletter distribution list and the lack of consent is noted in the user area. The user is not entitled to transfer their user account to a third party without express consent from PWP Leeway. The user is not entitled to pass on the access data to their user account to third parties.

4.3
The user is hereby expressly informed in particular that...

• a) ... PWP Leeway only offers analyses and market assessments on the PWP Leeway Platform. PWP Leeway neither brokers nor sells securities or other financial products;

• b) ...the contents of the PWP Leeway Platform serve only for information and do not represent investment advice, recommendation or invitation to acquire, sell or hold securities. The information provided does not replace professional, personal and investment and investor-appropriate advice. The information does not represent an offer to subscribe or acquire securities or similar financial products. The user cannot acquire securities or other financial products via the PWP Leeway Platform, but only via their own bank connection or broker.

  The user is informed that any offers from brokers on the platform are their responsibility and PWP Leeway has no influence on these offers and is also not a contracting party of any contractual relationships between the user and the broker. PWP Leeway informs its users that securities transactions - depending on the design of the security - are associated with different risks. These include price change risks and credit risks (default risk or insolvency risk) of the issuer up to total loss risk. When deciding on a securities transaction, it should be particularly noted that past value developments are not a reliable indication of future value developments;

• c) PWP Leeway may receive minor benefits from third parties in the form of financial analyses or other information material, training or services. The receipt of such benefits is not directly related to the Service provided to the user and in particular does not influence the recommendations and market assessments made. These benefits are only used to be able to provide the Service to the user and to continuously improve it.

4.4
PWP Leeway reserves the right to check at any time whether the user has used the PWP Leeway Platform properly and in accordance with these Terms and Conditions based on their previous activities on the PWP Leeway Platform. If this contract requirement is not met, PWP Leeway can take appropriate measures so that the user can no longer use the PWP Leeway Platform or its Service.

4.5
The user expressly assures and guarantees to PWP Leeway during registration in the sense of an independent guarantee promise, ...

• a) ... that all data provided during registration on the PWP Leeway Platform are true and complete and

• b) ... that they are of legal age and a consumer within the meaning of § 13 BGB.

4.6
PWP Leeway may itself be economically involved in the analyzed securities and financial products on the PWP Leeway Platform. For further information and any conflicts of interest, the user can view the relevant section on the PWP Leeway website.

4.7
The user is obliged to inform PWP Leeway immediately if there are indications that their user account has been misused or used by third parties. If the user does not fulfill this obligation, they are liable for all activities that take place using their user account.

§ 5 Term, Termination and Blocking of the Platform Usage Agreement and Subscription

5.1
The Platform Usage Agreement regarding Basic Use has an indefinite term. Regarding the Premium Package in the sense of the subscription, the term corresponds to the user's choice according to the temporal scope chosen in the registration process (fixed term). The fixed term of the Premium Package is automatically extended according to the regulation in § 5.2 of these Terms and Conditions.

5.2
The Platform Usage Agreement regarding Basic Use can be terminated at any time by both parties via the platform. However, if the customer still has a running term of a Premium Package, termination is not possible in an ordinary manner before the expiry of this Premium Package term, but leads to termination of the Platform Usage Agreement with the termination of the Premium Package. If neither party terminates via the platform until one (1) calendar day before the expiry of the subscription (or Premium Package according to § 5.1 of these Terms and Conditions), this subscription (or Premium Package) is automatically extended by the same previous term.

5.3
The right to extraordinary termination of the Platform Usage Agreement as well as the respective subscription remains reserved for both the user and PWP Leeway, unless otherwise agreed below, according to legal provisions. An extraordinary right of termination of the Platform Usage Agreement as well as the corresponding subscription by the user as well as PWP Leeway exists in particular, but not exclusively, when...

• a) one of the parties is insolvent, insolvency proceedings have been opened over their assets or an opening of insolvency proceedings over their assets has been rejected due to lack of assets;

• b) if enforcement measures have been ordered against a party and these have not been demonstrably withdrawn within one month or

• c) if the continuation of the Platform Usage Agreement or the subscription does not appear reasonable for the other contracting party, because an essential contractual provision of this contract has been violated and this breach of contract has not been remedied within a period of fourteen (14) days after request.

5.4
Beyond § 5.3 of these Terms and Conditions, PWP Leeway has an extraordinary right of termination of this Platform Usage Agreement or the respective subscription (without observing a notice period for important reasons) when...

• a) the user has not settled a claim despite reminder (including grace period of ten (10) days) or

• b) the user continues to violate § 4.5 of these Terms and Conditions despite a grace period of five (5) calendar days.

• c) the user resells the provided data, makes it available for download in bulk or otherwise makes it available to third parties for further use.

5.5
Alternatively to § 5.3 and § 5.4, PWP Leeway can also simply block the user's account on the PWP Leeway Platform in these cases. PWP Leeway also reserves the right to block the user's IP address for a platform request in these cases. The user's IP address can also be temporarily blocked if the frequency of requests (API call) endangers the stability and availability of the platform. If, despite a grace period of five (5) calendar days, the limits set by PWP Leeway's technical manager are not observed, PWP Leeway reserves the right to block the user account and terminate the usage agreement extraordinarily.

5.6
After the end of the Platform Usage Agreement, the user no longer has access to the account and their profile. Their profile is then also deactivated. PWP Leeway is not responsible for securing the information stored in the account and profile. The user is therefore advised to secure the data relevant to them in a timely manner before the end of the contract term, if permitted under these Terms and Conditions, on a storage medium independent of PWP Leeway.

§ 6 Remuneration | Invoicing

6.1
For the Service agreed within the framework of these Terms and Conditions, PWP Leeway receives the following remuneration. The amount of remuneration results from the subscription selected by the user in the registration process or a later upgrade or downgrade of the subscription (according to § 3.2 of these Terms and Conditions).

6.2
The stated prices are gross prices and apply including statutory value-added tax.

6.3
The user receives an invoice from PWP Leeway for the Service provided. These invoices are always due immediately and must be paid in full by the user by credit card via Stripe or, if not possible, by bank transfer (payment method) within five (5) banking days after receipt of the invoice. The credit to PWP Leeway's business account (as shown on the invoice) is decisive for the timeliness of payment. Upon expiry of the payment period, the user is in default without reminder. If the payment service provider Stripe Billing (https://stripe.com/de/billing) is used as part of the booking processing or payment by the user (also referred to as "Online Payment" within these Terms and Conditions), the following applies. This Online Payment is subject to the Stripe Usage Agreement (Stripe Service Agreement (https://stripe.com/de/ssa) and all applicable sub-agreements, which include the Stripe Terms of Service (summarized under the collective term "Stripe Services Agreement").

By agreeing to these Terms and Conditions, users accept the terms of the "Stripe Services Agreement" (https://stripe.com/de/ssa and https://stripe.com/en-de/privacy), which may be adjusted by Stripe from time to time. As a prerequisite for the PWP Leeway Platform to be able to use Stripe's payment services, the user agrees to provide complete and comprehensive information about themselves and their person, and authorizes PWP Leeway to pass on this information and transaction information related to the use of Stripe's payment services. Any costs incurred (costs of the payment provider (https://stripe.com/de/pricing#pricing-details) when using this Online Payment service provider are borne by PWP Leeway (hereinafter "Payment Service Provider Costs").

6.4
Objections to the billing of services provided by PWP Leeway must be raised by the user in writing within a period of eight (8) weeks after receipt of the invoice at the place indicated on the invoice. After expiry of the aforementioned period, the billing is deemed approved by the user. PWP Leeway will particularly point out the importance of their behavior to the user when sending the invoice.

6.5
The user only has rights of set-off or retention insofar as their claim has been legally established, recognized by PWP Leeway or is undisputed by PWP Leeway.

§ 7 Data Protection and Security

7.1
PWP Leeway is aware of the sensitivity of personal data and observes the legal provisions on data protection when handling users' personal data. The legal basis for this is in particular the Telecommunications Act (TMG), the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). For further information, reference is made to PWP Leeway's privacy policy on the website.

7.2
PWP Leeway is permitted to collect, process, store and use the specified personal data insofar as this is necessary for the purpose of executing the Platform Usage Agreement. This data is then used by PWP Leeway for the Service.

7.3
PWP Leeway does not pass on personal data to unauthorized parties in any case - unless otherwise regulated in these Terms and Conditions. In addition, PWP Leeway provides users with information about the personal data stored with it free of charge and immediately in accordance with legal provisions.

§ 8 User Rights and Legal Reservations vis-à-vis the User

8.1
The user is permitted to use the data obtained via PWP Leeway's Service under restrictions. The storage, analysis and display of the data is only permitted for private use.

8.2
The commercial exploitation of the data and content is prohibited.

8.3
Under no circumstances is the user permitted to resell the data obtained via PWP Leeway's Service, make it available for download in bulk to third parties or publish it in other forms that appear suitable or even serve the purpose of making a significant part of a data set available to third parties for further use.

§ 9 Interruption | Impairment of Platform/Service Availability

9.1
Adjustments, changes and additions to the PWP Leeway Platform as well as measures that serve to identify and remedy malfunctions will only lead to a temporary interruption or impairment of availability if this is absolutely necessary for technical reasons.

9.2
The basic functions of the software are monitored daily. Software maintenance is generally guaranteed from Monday to Friday 09:00 - 18:00. In the case of serious errors - the use of the software is no longer possible or seriously restricted - maintenance is carried out within three (3) hours of knowledge or information by PWP Leeway.

9.3
If error correction is not possible within twelve (12) hours, PWP Leeway will inform the user within twenty-four (24) hours, stating the reasons and the period that is expected to be estimated for error elimination, by email.

9.4
The availability of the respective agreed services under this contract (in particular those according to § 3 of these Terms and Conditions) is 98.5% on average per year including maintenance work, but availability may not be impaired or interrupted for longer than two calendar days in a row.

§ 10 Liability in General

10.1
PWP Leeway guarantees the operational readiness of the software according to the provisions of these Terms and Conditions.

10.2
In the event that services from PWP Leeway are used by unauthorized third parties, the user is liable for the resulting fees within the framework of civil liability.

10.3
The use of the Service and the PWP Leeway Platform from PWP Leeway is at the users' own risk. In particular, PWP Leeway is not liable for any financial losses of users through trading in securities and/or financial products.

10.4
PWP Leeway is liable for damages - regardless of the legal basis - within the framework of fault-based liability for intent and gross negligence. In the case of simple negligence, PWP Leeway is only liable subject to a milder liability standard according to legal provisions (e.g. for care in own affairs):

• a) for damages from injury to life, body or health,

• b) for damages from a not insignificant breach of an essential contractual obligation (obligation whose fulfillment first enables the proper execution of the contract and on whose compliance the contracting party regularly relies and may rely) and compensation for delay damages (§ 286 BGB); in this case, however, PWP Leeway's liability is limited to compensation for the foreseeable, typically occurring damage.

10.5
PWP Leeway is not liable for loss of data insofar as the damage is based on the fact that the user has failed to perform data backups and thereby ensure that lost data can be restored with reasonable effort.

§ 11 Right of Revocation

11.1
Consumers generally have a statutory right of revocation when concluding a distance selling transaction, about which PWP Leeway informs below in accordance with the statutory model. A model revocation form can be found in § 11.2.

11.2
PWP Leeway informs about the model revocation form according to the legal regulation as follows:

§ 12 Final Provisions

12.1
If the user as a consumer does not have their general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this legal relationship is the court responsible for PWP Leeway's place of business.

12.2
The parties are aware that the software may be subject to export and import restrictions. In particular, approval requirements may exist or the use of the Service or associated technologies abroad may be subject to restrictions. PWP Leeway will comply with the applicable export and import control regulations of the Federal Republic of Germany and the European Union, as well as all other relevant regulations. The fulfillment of the contract by PWP Leeway is subject to the reservation that there are no obstacles to fulfillment due to national and international regulations of export and import law as well as no other legal regulations.

12.3
German law applies to this contract, excluding the UN Sales Law. The place of performance is PWP Leeway's registered office.

12.4
The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. PWP Leeway is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12.5
Should one of these provisions be or become invalid or unenforceable, this does not affect the validity of the remaining provisions. Instead of the invalid or unenforceable provision, a regulation shall apply that comes closest to the will of the parties within the legally possible. The same applies in the case of a regulatory gap.