SmartDeer

Terms and Conditions

General Terms and Conditions (AGB)

Version: 22 August 2025

Provider (service provider under § 5 TMG)
SmartDeer GmbH, Liesel-Bach-Str. 30, 71034 Böblingen, Germany
Commercial Register: HRB 791233, Local Court (Amtsgericht) Stuttgart – Managing Director: Chenlu Xu
VAT ID: DE363600687
Contract language: German

1. Scope

  • 1.1 These Terms apply to the use of the SmartDeer Stocks Tool (“App”) (available in the Apple App Store and Google Play Store), the web applications at smartdeer.org, smartdeer.de, and all related content, features and services (collectively, the “Services”).
  • 1.2 Deviating terms and conditions of users do not apply unless we expressly agree to their application in text form.
  • 1.3 Additional terms may apply to specific offerings (e.g., paid subscriptions, promotions, beta features); where there is a conflict, those special terms take precedence.

2. Subject Matter; no Advice

  • 2.1 The Services provide financial/market information, analyses, tools (e.g., watchlists, screening, sentiment), and, where applicable, AI-supported functions and content for information and educational purposes.
  • 2.2 No advice: SmartDeer does not provide legal, tax, investment, or financial advice and is not an investment services firm. Content is non-binding (“as is”) and does not replace individual advice. You make investment/trading decisions at your own responsibility.
  • 2.3 Parts of the content originate from third parties (e.g., data/news providers, advertising partners) and may be delayed, defective, incomplete, or only available to a limited extent.

3. Registration, Account, Formation of Contract

  • 3.1 Basic functions may be usable without an account; extended features require registration with truthful information.
  • 3.2 The contract for free use is concluded upon registration or use. For paid subscriptions (see Clause 6), the contract is concluded when the purchase process is completed in the App (in-app purchase) or on our website (e.g., via Stripe).
  • 3.3 You must keep access credentials confidential and notify us immediately if misuse is suspected.

4. Rights of Use; Prohibited Uses

  • 4.1 For the term of the contract, you receive a simple (non-exclusive), non-transferable, non-sublicensable right to use the Services in accordance with these Terms.
  • 4.2 In particular, the following are prohibited:
    • (a) copying/scraping/systematic extraction/redistribution of data (especially price, fundamental, news, or AI outputs),
    • (b) use as a data feed for third parties or for automated trading systems,
    • (c) circumvention of technical protections, reverse engineering,
    • (d) unlawful/abusive/discriminatory content,
    • (e) any use that impairs system stability or third-party rights.
  • 4.3 Content/software/databases are legally protected; all rights are reserved.

5. Availability; Service Changes

  • 5.1 We do not owe permanent, uninterrupted availability. Maintenance, further development, provider outages, or force majeure may lead to downtime.
  • 5.2 Free features may be changed, restricted, or discontinued at any time. For material changes to paid services, Clause 12 applies.

6. Paid Subscriptions; Term; Termination; In-App Purchases

  • 6.1 We offer optional premium subscriptions (e.g., monthly/annual). Features and prices follow the respective offer description.
  • 6.2 Auto-renewal: Subscriptions renew for the original term unless cancelled by the end of the current period.
  • 6.3 Termination: possible at any time with effect at the end of the current term – for in-app purchases via the respective store account (Apple/Google), for web purchases via the customer account/support.
  • 6.4 In-app purchases: The respective store terms and billing processes apply in addition.
  • 6.5 Price changes only take effect for renewals and will be communicated in good time; you may cancel until then.

7. Right of Withdrawal (Consumers)

  • 7.1 For web purchases, consumers have a statutory right of withdrawal.
  • 7.2 Digital content/services: The right of withdrawal expires if we have begun performance with your express consent and you have acknowledged the loss of the right of withdrawal (Section 356(5) BGB).
  • 7.3 For in-app purchases, withdrawal handling is via the respective store.
  • 7.4 We provide/link the withdrawal policy including the model withdrawal form separately.

8. Data Sources, Third Parties, Advertising

  • 8.1 Market/news/fundamental data are partly provided by third parties; delays/errors/omissions are possible; we do not verify third-party data.
  • 8.2 Advertising content/products are the sole responsibility of the respective provider; we assume no liability/warranty for them.
  • 8.3 For linked external sites: No unlawful content was recognizable at the time of linking; we have no influence on future content.

9. AI Features (e.g., Chat-Bot, AI Summaries, AI Investor, News Summaries)

  • 9.1 AI outputs are generated automatically, may be erroneous, incomplete, or misleading, and are not investment/legal/tax advice. Use at your own risk.
  • 9.2 To provide AI features, external AI service providers (API providers) may be used; content/queries may be transmitted to them (details: Privacy Policy).
  • 9.3 Please do not submit sensitive data that you do not wish to disclose.

10. Warranty

  • 10.1 For free services we provide no warranty, except in the cases of Clauses 11.4/11.6.
  • 10.2 For paid services, statutory warranty rights apply with the proviso that claims are excluded for merely immaterial deviations.

11. Liability

  • 11.1 We are liable without limitation for intent and gross negligence, for injury to life, limb, or health, under the Product Liability Act, where guarantees have been assumed or in cases of fraudulent concealment, and – expressly – for lack of warranted characteristics.
  • 11.2 In cases of simple negligence, we – as well as our legal representatives and vicarious agents – are liable only for breaches of essential contractual obligations (cardinal duties). Cardinal duties are those obligations whose fulfillment enables the proper performance of the contract in the first place and on the compliance with which you regularly rely. In such cases, liability is limited to the foreseeable damage typical for the contract at the time of conclusion.
  • 11.3 For free services, liability for simple negligence is excluded (without prejudice to Clause 11.1).
  • 11.4 Data/Content/AI disclaimer: Without prejudice to Clauses 11.1–11.3 and subject to mandatory law, we assume no liability for the accuracy, completeness, timeliness, availability, or suitability of displayed data/analyses/signals (including third-party/AI content), and no liability for decisions/actions based thereon.
  • 11.5 Contributory fault/backups: Where damage results from a breach of your duties to cooperate (e.g., incorrect inputs, account misuse) or from missing reasonable backups, our liability is excluded or limited to the typical restoration effort.
  • 11.6 Delay carve-out: The limitation of liability under Clause 11.2 does not apply to statutory default interest, the default lump sum under Section 288(5) BGB, and legal enforcement costs as damage caused by delay.
  • 11.7 Statutory rules on the burden of proof remain unaffected.

12. Changes to Services and to these Terms

  • 12.1 We may amend these Terms with effect for the future if there are objective reasons (e.g., legal changes, technical adjustments, service modifications).
  • 12.2 We will notify you of changes in text form in good time. If you do not object within 6 weeks of receipt and continue to use the Services, the changes are deemed approved. We will specifically inform you of your right to object.
  • 12.3 If changes result in a material reduction of performance for paid services, you have a special termination right as of the change date.

13. Set-off, Retention, Assignment

  • 13.1 You may set off only with undisputed or finally adjudicated claims.
  • 13.2 A right of retention exists only with respect to claims arising from the same contractual relationship.
  • 13.3 We may assign rights/obligations under this contract to affiliated companies; consumer rights remain unaffected.

14. Data Protection

Our Privacy Policy (in the App/website) applies, including information on data categories, purposes, legal bases (Art. 6 GDPR), recipients, third-country transfers (e.g., AI providers), storage periods, and data subject rights (including the right to lodge a complaint).

15. Consumer Information; Dispute Resolution

16. Final Provisions

  • 16.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers whose habitual residence is in another EU Member State, mandatory provisions of their home state remain unaffected.
  • 16.2 Place of jurisdiction for merchants, legal entities under public law or special funds under public law is Stuttgart; we may also bring actions at the user’s general place of jurisdiction.
  • 16.3 Should any provision be or become invalid, the validity of the remaining provisions shall not be affected; the statutory provision shall apply in its place.

Annex (informative): Risk Notices & Disclaimer for Financial Information

  • Securities/derivatives/ETF transactions involve significant risks up to total loss (price, liquidity, volatility, currency, political/economic risks).
  • Content/signals/analyses are not recommendations; issuer investor-relations disclosures are primary sources.
  • Third-party data may be delayed/incorrect/incomplete; we do not verify such data.
  • AI outputs are experimental; use is at your own risk.

Note: This English text is provided for convenience only. The German version is legally binding and prevails in court.