Website terms of service

§ 1. Definitions

In these Terms of Use, the following terms are defined as follows:

a. MarketGPT Application – a web application that is accessible through a web browser or mobile device, enabling the use of the MarketGPT Service.

b. Mobile Application – software designed to operate on mobile devices, facilitating access to the MarketGPT Service.

c. Consumer – an individual who engages with the Service under an Agreement with the Service Provider for personal purposes unrelated to their trade, business, craft, or profession.

d. Entrepreneur – an individual, legal entity, or organizational unit without legal personality but granted legal capacity by law, who/which enters into a Service Agreement with the Service Provider in connection with their trade, business, craft, profession, or statutory objectives.

e. Terms of Use – these Terms of Use, which can be found at: https://www.MarketGPT.app/terms

f. GDPR – The General Data Protection Regulation (EU) 2016/679, enacted by the European Parliament and Council on April 27, 2016, concerning the protection of individuals regarding the processing of personal data and on the free movement of such data, superseding Directive 95/46/EC.

g. Website – the website operated at: https://www.MarketGPT.app/

h. Agreement – a contract established between the Service Provider and the User for the provision of Services offered by the Service Provider.

i. MarketGPT Service – an electronic service provided by the Service Provider, based on an artificial intelligence model, which generates a list of companies whose stocks are recommended for buying or selling on a specific day.

j. Services – services rendered to Users by the Service Provider, in accordance with the Agreement, these Terms of Use, and specific terms dedicated to individual Services.

k. Service Provider or MarketGPT – Dropcatcher.nl B.V., located at Wim Duisenbergplantsoen 31, 6331SE Maastricht, The Netherlands, registered in the Chamber of Commerce (KvK) under number 70251924.

l. User or you – an individual, legal entity, or organizational unit without legal personality but granted legal capacity by law, who/which utilizes the Services provided by the Service Provider under the Agreement.

§ 2. General Provisions

1. You agree to adhere to all provisions of the Terms of Use, the Agreement, and any other agreement templates from MarketGPT, which you have had the opportunity to review. Upon using the Website, Users are required to familiarize themselves with these Terms of Use and abide by them.

2. By accepting the Terms of Use, each User acknowledges that they have been informed about the purpose and extent of data collection and processing by MarketGPT, their rights to access and rectify their data, the right to request the cessation of data processing, and the right to object to data processing.

3. Prior to entering into the Agreement, MarketGPT provides you with the Terms of Use and all agreement templates relevant to the Service you have selected.

4. You are solely responsible for any irregularities in the functioning of the Service resulting from your negligent actions or omissions, including incorrect use of the Service's features or integration with external software of your choice. You are liable for rectifying any irregularities in the Service caused by the aforementioned circumstances.

§ 3. Liability

1. MarketGPT is liable for non-performance or improper performance of the Service in line with applicable laws or the principles defined in the Terms of Use, unless such non-performance or improper performance is due to force majeure or reasons attributable to you, particularly your non-compliance with the Agreement, the Terms of Use, or the terms of the given Service, as well as due to your unlawful actions.

2. Subject to mandatory Dutch law, the content of the Terms of Use, the terms of the given Service, or the Agreement, the Service Provider's liability for the Service provided to you is limited to the amount of actual loss incurred. This limitation of liability does not apply to Consumers.

3. The Service Provider is committed to providing the Services with due care. However, subject to the provisions of the Terms of Use or terms of other services, the Service Provider is not liable for:

a. permanent or temporary inability to provide the Service, non-performance, or improper performance of the Service due to force majeure or other circumstances for which, according to generally applicable Dutch law, it is not responsible,

b. lost profits incurred by you, which does not apply to Consumers,

c. permanent or temporary inability to provide the Service and improper provision of the Service due to third-party actions through which the Service is provided,

d. consequences of improper use of the Service,

e. consequences of your breach of the Agreement, the Terms of Use, or terms of other Services,

f. consequences of your sharing any content with third parties through the Service.

§ 4. Responsibilities of You and the Service Provider, and Restrictions

1. The Service Provider is obligated to provide the Services with due care and in accordance with the Terms of Use, the Agreement, and generally applicable laws.

2. You are required to act in accordance with the Terms of Use, other terms of the Services provided by the Service Provider, the Agreement, and in compliance with generally applicable laws.

3. You warrant that your use of the Services will not infringe upon the law or the rights of third parties, including copyright, industrial property rights, or trade secrets. If a third party brings a claim against the Service Provider due to such infringements, you are obligated to compensate the Service Provider for any damages incurred or necessary and objectively justified costs incurred in defending its interests.

4. You warrant that any materials or other content you transmit using the Services will not contain any malicious software that could disrupt or threaten to disrupt the functioning of the Services or the Service Provider's infrastructure or affect other Users' use of the Services.

5. Without the Service Provider's prior written consent, you are not authorized to use the name MarketGPT or any other names and designations identifying the Service Provider or the Service, except for informing third parties about the use of the Service Provider's Services.

§ 5. Term of the Agreement

1. The Agreement terminates upon its cancellation, your death, or the loss of legal capacity by the Entrepreneur or the Service Provider.

2. You may discontinue using the Service at any time.

3. You may terminate the Agreement for the provision of Services at any time by ceasing to use the Website.

4. The Service Provider may terminate the Agreement with one month's notice for significant reasons, such as:

a. changes in the law governing the provision of services by electronic means;

b. changes in the interpretation of the law governing the provision of services by electronic means due to court rulings, decisions, recommendations, or directives from relevant authorities or bodies;

c. changes in the method of service provision due to technical or technological advancements.

§ 6. Complaint Handling Procedure

1. If the Service is not performed or is performed improperly, you may submit a written complaint, which should be sent via a postal operator to the Service Provider's address or via email to the provided contact email address.

2. The complaint should meet the following requirements; otherwise, you will be asked to supplement it. Each complaint should include:

a. your details for identification and response,

b. the Service to which the complaint pertains,

c. the objections that are the subject of the complaint,

d. the circumstances justifying the objections,

e. your requests related to the presented situation,

f. a document confirming authorization if the complaint is submitted by an authorized person.

3. The Service Provider will review a written complaint that meets the requirements within 14 days of receipt. The Service Provider will inform you or your authorized representative of its decision, including the rationale, at the address provided in the complaint. The time for supplementing the complaint is not included in the review period.

4. For Entrepreneurs, lodging claims against MarketGPT is conditional upon exhausting the complaint procedure. Entrepreneurs must submit complaints to the Service Provider within one month from the date of the event that gave rise to the complaint. Complaints submitted after this period will not be considered and will not fulfill the complaint procedure.

§ 7. Maintenance Breaks

1. The Service Provider strives to ensure the proper and uninterrupted operation of the Website and Services. However, due to the complexity of the Services and external factors beyond the Service Provider's control, errors and technical failures may occur, hindering or limiting the Website or Services. In such cases, the Service Provider will take all possible and reasonable actions to minimize the negative impact of such events.

2. In addition to breaks caused by errors and technical failures, other maintenance breaks may be necessary for the development of the Services and to protect against errors and technical failures.

3. The Service Provider is obliged to schedule maintenance breaks to minimize inconvenience to Users, preferably during nighttime hours and only for the necessary duration.

4. The Service Provider will notify Users of planned maintenance breaks and other limitations in using the Services at least 24 hours in advance.

5. The Service Provider is not liable to you for damages or failure to fulfill obligations resulting from maintenance breaks and failures mentioned in this section of the Terms of Use. The Service Provider's liability to Users for errors and technical failures is excluded. Liability to Consumers for the consequences of errors and technical failures is limited to negligent acts or omissions by the Service Provider, and the extent of liability is determined by the Terms of Use.

§ 8. Intellectual Property Rights

1. The economic rights to the Website, the software used in the MarketGPT Application, and other intellectual property rights, rights to Internet domain names, designs, forms, and logos, belong to the Service Provider and may only be used with the Service Provider's consent.

2. The Service Provider has exclusive rights, including database rights, to the data and indexes published or made available through the Website.

3. Without the Service Provider's prior written consent, you may not copy, modify, delete, or use any part or all of the Website, its content, or functionality in any way other than specified in the Terms of Use or for the intended purpose.

4. You are not authorized to translate, adapt, modify the layout, or make any other changes to the software on which the Website is based, including its source code.

5. Subject to the purpose of the Website, you are not permitted to:

a. use the content of the Website for commercial activities or professional purposes;

b. incorporate other works into the content of the Website.

6. You may print or download parts of the Website onto a computer hard drive and share them with others, provided this is done solely for informational purposes and within the framework of applicable laws.

7. Under the Agreement, the Service Provider grants you a non-exclusive, free, non-transferable license to use the copyright to works made available as a result of the provision of Services, solely for the purpose of using the Services, for the duration of the Agreement. The use of the results of the provision of Services is permitted for your personal or commercial purposes.

8. Under the Agreement, the Service Provider grants you a paid, revocable, non-transferable, non-sublicensable, and non-exclusive license to use the MarketGPT Application in accordance with its intended purpose only for the duration of using the Services. This license allows you to reproduce the temporary software on which the MarketGPT Application is based by displaying and applying it to use the MarketGPT Application. The license fee is included in the fee for the respective Service.

9. The Service Provider also grants a license to use documentation related to the software on which the MarketGPT Application is based to the extent necessary for using the software. The license covers the following forms of use:

a. recording and reproducing documentation, creating copies of documentation using a specified technology, including printing, reprography, magnetic recording, and digital technology;

b. copying documentation within systems and between networks.

10. As the provider of the MarketGPT Application and its management, the Service Provider is responsible for its development and may, without your consent, make any modifications to its functionality (deleting, changing, expanding individual functions).

§ 9. Privacy and Protection of Personal Data

Information regarding the protection of your personal data, fulfilling the informational obligation referred to in Article 13 of the GDPR, is provided in the Privacy Policy and Cookies, which is an integral part of the Terms of Use.

§ 10. MarketGPT Service

1. The Service Provider permits you to use the MarketGPT Service under the terms and conditions set out in the Terms of Use.

2. The MarketGPT service available through the Website is free of charge and may not include all functionalities. Access to the full version of the MarketGPT Application is available only on the mobile Application.

3. The MarketGPT Service is accessible 24/7, except during maintenance or troubleshooting periods, and can be used through the MarketGPT Application.

4. The MarketGPT Service can be accessed by visiting the Website.

5. The MarketGPT Service provides daily stock market recommendations based on an advanced artificial intelligence model. The recommendations in the Service are archival and not current. They are intended as guidance for you in making investment decisions but do not constitute financial advice. Users are responsible for their own investment decisions, and the Service Provider is not liable for any loss or damage incurred as a result of decisions made by you based on the use of the MarketGPT Service.

6. The data, information, and content provided by the MarketGPT Application are for informational purposes only and do not constitute financial advice or guarantee any specific results, returns, or profits. Output data is generated through machine learning based on historical data and is not tested, verified, or endorsed by the Service Provider. It does not guarantee its full accuracy, completeness, timeliness, or usefulness for you. The model does not guarantee or predict future results.

7. The Service Provider ensures that the data used for the development of artificial intelligence within the MarketGPT Service, including training, validation, and testing, has been and will be subject to appropriate data management in the context of use.

8. The Service Provider informs that the stock market is characterized by volatility and unpredictable fluctuations, which can significantly affect investment performance. Past performance, whether actual or indicated by historical testing of strategies or indicator methods, does not guarantee future performance or success. Therefore, the MarketGPT Application is only a guide to a particular course of action that you may consider when making investment decisions. You should make decisions based on your own opinions, experiences, and predictions or seek the advice of a qualified financial professional before making any investment decisions. You should independently review and verify the information the MarketGPT Application provides for its suitability for your investments. The Service Provider is not liable for any decisions you make based on information from the MarketGPT Application. You are solely responsible for your investment decisions.

9. The MarketGPT service does not constitute a recommendation prepared based on the User's needs and situation regarding the purchase or sale of one or more financial instruments, or performing any other action causing equivalent effects involving financial instruments, or a recommendation to refrain from performing such an action within the meaning of Article 9 of Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to the organizational requirements and business conditions of investment firms and the concepts defined for the purposes of that Directive and Article 76 of the Act of July 29, 2005 on trading in financial instruments.

§ 11. Right of Withdrawal by the Consumer

A User who is a Consumer has the right to withdraw from the Agreement at any time by discontinuing the use of the Service.

§ 12. Other Provisions

1. The provisions of the Terms of Use are general, and all matters addressed herein may be regulated differently by specific provisions of terms for a given Service or promotion terms. In case of discrepancies between the Terms of Use and detailed terms, the provisions of the detailed terms regarding a given Service shall prevail.

2. MarketGPT reserves the right to amend the Terms of Use or to publish new Terms of Use in the following cases:

a. changes in the law, including consumer protection provisions,

b. changes in the technical conditions of providing the Service,

c. changes in the terms and prices of services provided by third parties to the Service Provider, which are necessary for the provision of the Services,

d. changes in the range of the Services provided,

e. organizational changes or legal transformations of the Service Provider, including a change in the ownership structure of the Service Provider.

3. In the event of changes to the Terms of Use, the Service Provider is obliged to inform you about the changes at least fourteen days before they take effect through the Website. A User who does not accept the changes to the Terms of Use should stop using the Website.

4. The provisions of the Terms of Use shall be applied with consideration for binding rules that regulate legal relations with Consumers.

5. For matters not addressed in the Terms of Use, terms concerning Services, or the Agreement, the laws of the Netherlands shall apply.

6. The Service Provider's contact details are available in the Contact section on the Website.

7. The Terms of Use are effective as of January 1, 2023.