General Terms and Conditions

For the provision of services by Analytics-FX GmbH, Grabenstrasse 1a, Switzerland, 6340 Baar, email: support@analytics-fx.com (hereinafter referred to as the "Contractor") to its clients (hereinafter referred to as the "Client").

1. General Provisions

1.1 These General Terms and Conditions (GTC) apply to all service contracts concluded between the Client and the Contractor, provided these GTC are incorporated into the contract.

1.2 In the event that additional contractual documents or terms have been agreed in writing or in text form, the provisions of such documents shall prevail in the event of conflict with these GTC.

1.3 The Contractor does not recognise any terms and conditions of the Client that deviate from these GTC, unless expressly agreed in writing.

2. Scope of Services

2.1 The Contractor, acting as an independent service provider, offers the following services to the Client:

Access to a learning platform for trading with historical data in order to develop statistical analyses.

2.2 The exact scope of services shall be determined by individual agreement between the Contractor and the Client.

2.3 The Contractor shall perform the agreed services with the greatest care, diligence, and in accordance with the latest industry standards and knowledge.

2.4 While the Contractor is obligated to fulfil the agreed services, they are free from instructions regarding how, when, or where the services are performed. The Contractor will coordinate service delivery with the Client to ensure optimal efficiency and successful contract execution.

3. Client’s Obligations to Cooperate

The Client is responsible for providing all necessary information, data, and materials in a complete and accurate manner to enable proper fulfilment of the services. The Contractor shall not be liable for delays caused by late or insufficient cooperation by the Client. The provisions under “Liability / Indemnification” remain unaffected.

4. Fees

4.1 The applicable fees shall be agreed individually between the Client and the Contractor. The following subscription plans are currently offered:

  • Yearly Plan: €30.95 per month, billed annually (€371.40 per year).
  • Quarterly Plan: €34.95 per month, billed quarterly (€104.85 per quarter).
  • Monthly Plan: €37.95 per month, billed monthly.

4.2 Discounts: The Contractor may offer discounts from time to time, which will be communicated through newsletters or other promotional means. Such discounts are subject to the terms specified in the promotional offer.

4.3 Taxes: The prices listed above are insclusive of taxes.

4.4 Payment Processor: Payments are processed via Stripe. The Client agrees to provide accurate payment information, and Stripe will handle payment processing. Stripe accepts various payment methods, including credit cards, debit cards, and other available payment methods.

4.5 Billing Cycle and Due Dates: Subscription fees are billed based on the selected plan:

  • Yearly: Billed once per year.
  • Quarterly: Billed every three months.
  • Monthly: Billed on a monthly basis.

4.6 Payment Failure: In the event of a payment failure or expired payment details, the Client will lose access to the software until the payment is successfully processed.

4.7 The Contractor shall issue an invoice by post or email (e.g., PDF) following service delivery. Payment is due within 14 days of receipt of the invoice.

5. Liability / Indemnification

5.1 The Contractor shall be liable without limitation for damages resulting from wilful misconduct or gross negligence, for injury to life, body or health, and in cases of mandatory statutory liability. For negligent breaches of essential contractual obligations, liability is limited to foreseeable, typical damages. Essential obligations are those necessary to achieve the purpose of the contract and on which the Client may rely. Any further liability is excluded. These limitations also apply to legal representatives and agents of the Contractor.

5.2 The Client agrees to indemnify and hold the Contractor harmless from any third-party claims arising from violations by the Client of these GTC or applicable law.

6. Contract Duration and Termination

6.1 The duration of the contract and notice periods for ordinary termination are agreed individually between the parties.

6.2 Both parties reserve the right to terminate the contract without notice for good cause.

6.3 Upon termination, the Contractor shall return or delete all documents and data received from the Client, in accordance with the Client’s instructions, unless retention is required by law. A right of retention is excluded. Digital data must be fully deleted. The Contractor shall confirm the deletion in writing upon request.

7. Confidentiality and Data Protection

7.1 The Contractor undertakes to treat all information obtained in connection with the contract as strictly confidential and to impose a corresponding confidentiality obligation on employees or third parties with access to such information. This obligation remains in force indefinitely beyond the term of the contract.

7.2 The Contractor shall comply with all applicable data protection laws, in particular the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR).

8. Final Provisions

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

8.2 If any provision of these GTC is or becomes invalid, this shall not affect the validity of the remaining provisions.

8.3 The Client shall support the Contractor in the provision of the agreed services by supplying the necessary information and cooperation.

8.4 If the Client is a business entity, a public law institution, or has no place of jurisdiction in Switzerland, the place of jurisdiction shall be the Contractor’s registered office. Mandatory jurisdictions remain unaffected.

8.5 The Contractor reserves the right to amend these GTC for valid reasons (e.g., changes in law, court rulings, market conditions, or business strategy) with reasonable notice. Clients will be informed of any changes by email at least two weeks before they take effect. If the Client does not object within the specified period, the amendments are deemed accepted. If the Client objects, the changes will not apply, and the Contractor may terminate the contract at the time the changes were to take effect. The notice will inform the Client about the deadline and legal consequences of their response or lack thereof.

9. Online Dispute Resolution / Consumer Dispute Resolution

The European Commission provides a platform for online dispute resolution, accessible at: https://ec.europa.eu/consumers/odr.

This platform serves as a contact point for out-of-court settlements of disputes from online contracts involving consumers. The Contractor is neither willing nor obliged to participate in a consumer dispute resolution procedure under the Swiss Consumer Dispute Resolution Act or equivalent laws.

Our email address is provided in the header of these GTC.