AGBs

AGBs

1 Scope ZINSPILOT provides all services exclusively subject to these General Terms and Conditions, unless otherwise agreed with you in writing. The validity of any conflicting general terms and conditions is excluded. 2 Technical requirements, restrictions ZINSPILOT only transfers data in the user area of the ZINSPILOT website in encrypted form, but cannot guarantee the security of data transport outside of its own website. ZINSPILOT endeavors to enable access to the ZINSPILOT website at all times within the scope of what is technically and economically reasonable. However, ZINSPILOT reserves the right to temporarily restrict or temporarily suspend access to the ZINSPILOT website at any time if this is necessary with regard to capacity limits, the security or integrity of the servers, the services or to implement technical measures or if this is necessary for the proper or improved provision of the services INTEREST PILOT serves. 3 services All information posted on the ZINSPILOT website is free of charge and non-binding. The investment offers presented on the website are not contractual offers from ZINSPILOT or the respective service provider. Any information about services and conditions or other information on the ZINSPILOT website does not constitute an advisory service to the user, but is intended solely to facilitate the user, over which ZINSPILOT has no influence 4 contents 4.1 Liability for content ZINSPILOT endeavors to keep the content of the website up to date. Despite careful editing, the topicality and accuracy of the content cannot be guaranteed. As a service provider, ZINSPILOT is responsible for its own content on the website in accordance with the legal regulations in accordance with Section 7 Paragraph 1 TMG. However, according to Sections 8 to 10 TMG, ZINSPILOT as a service provider is not obliged to monitor transmitted or stored third-party information. If any legal violations become known, ZINSPILOT will immediately remove this content. ZINSPILOT only assumes liability in this regard from the time it becomes aware of a possible legal violation and only within the framework of the legal regulations. The Knowledge, Market Radar and Blog sections are freely accessible website content that offer a pure information service. Products listed there are independent of the services for displaying investment offers that can be used via the ZINSPILOT investment service. The disclaimer, which can be accessed on every page in these categories, provides information about liability for the content. 4.2 Liability for links The website contains links to external third-party websites, over whose content ZINSPILOT has no influence. The respective provider or operator of the linked pages is always responsible for the content of the linked pages. No liability is assumed for the content or accuracy of the information on linked websites of third-party information providers. If any legal violations become known, ZINSPILOT will immediately remove such links. 4.3 Copyright The content and works on the ZINSPILOT website created by the site operators are subject to German copyright law. Reproduction, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. This also applies to the content and works created by ZINSPILOT itself. 5 General limitation of liability of ZINSPILOT 5.1 ZINSPILOT is liable for intent and gross negligence and for damages that are based on a slightly negligent violation of essential contractual obligations assumed by ZINSPILOT for which ZINSPILOT is responsible. Essential contractual obligations are obligations whose fulfillment enables the proper execution of the contract with ZINSPILOT and on whose compliance the user regularly trusts and can rely. In the event of damage caused by negligence, ZINSPILOT is only liable for contract-typical and foreseeable damage. Otherwise, ZINSPILOT is not liable. 5.2 Legal liability for damages resulting from injury to life, body or health remains unaffected. 6 Changes to the General and Special Conditions ZINSPILOT is entitled to change these general conditions of this section I as well as the special conditions of sections II and section III. To the extent that such changes may be detrimental to the user in an ongoing contractual relationship with ZINSPILOT, ZINSPILOT will notify the user of such a change via their email address or in writing in a timely manner, but at least six weeks before the change is intended to come into force. If the user does not object to the changes within the time specified in the amendmentThe notice of change specified in the notice of change is at least five weeks after receipt of the notice of change by email or in writing to the address specified in the notice of change, the change will become effective for the user. ZINSPILOT will specifically inform the user in the change notification of the consequences of failing to object. 7 Data protection The data protection regulations applicable to the use of the ZINSPILOT website can be found in the separate general data protection regulations. You can find these at www.zinspilot.de. Special data protection regulations apply to the use of the ZINSPILOT investment service (see section II. 14). 8 Final provisions, applicable law 8.1 These General Terms and Conditions and – if applicable – the Special Terms and Conditions are ultimately responsible for regulating the legal relationships between ZINSPILOT and the user. 8.2 Should a provision of these General Conditions or the Special Conditions or part of such a provision be or become invalid, this will not affect the effectiveness of these conditions as a whole. 8.3 The contractual relationships of the parties as well as all claims arising from and in connection with them are subject to the law of the Federal Republic of Germany. To the extent that the choice of law would waive mandatory consumer rights of other member states in which the consumer has his habitual residence when the contract is concluded, these remain unaffected. II. Special conditions for the ZINSPILOT investment service In addition to the general conditions for the use of the ZINSPILOT website (Section I), the following special conditions apply to the ZINSPILOT investment service: 1 Overview of the ZINSPILOT services ZINSPILOT enables its customers (hereinafter “investors”) to invest daily, notice and fixed-term deposits at selected credit institutions (hereinafter “investment banks”) without the investor having to open their own account with the respective investment bank. Investment service The amount of investment with a single investment bank is regularly limited to a maximum of 1 million euros per investor, unless this investment bank has made different provisions. To use the ZINSPILOT investment service, the investor needs an account with a credit institution (“Partner Bank” 1) that supports the investment process via ZINSPILOT (see Section II. 2.3.). At the same time as opening an account with a partner bank, the investor concludes an agency agreement for the use of the ZINSPILOT investment service (see Section II. 2.4). As part of the ZINSPILOT investment service, investors can select investment offers on the ZINSPILOT website and commission the partner bank to execute the investments. The partner bank then executes the desired investments in accordance with the provisions of the agency agreement with the investment bank. The investor remains at all times the sole beneficial owner of the investments made for him by the partner bank and can view all of his investments with various investment banks in his virtual investment portfolio on the ZINSPILOT website (see Section II. 7). The services of the ZINSPILOT investment service are free of charge for the investor in accordance with these special provisions. The product conditions and prices of the partner bank apply to the investor's customer relationship with the partner bank. Below the “investor” is addressed directly as “you” and “yours”. To use the ZINSPILOT investment service, you must conclude the following contracts separately: With Raisin you conclude these general terms and conditions and data protection agreement for the use of the ZINSPILOT internet platform and the ZINSPILOT investment service. You maintain an account with the partner bank and conclude an “agency agreement” regarding the use of the ZINSPILOT investment service and the execution of investments with the investment banks. 2 Services from ZINSPILOT and the partner banks 2.1 Principles As part of the ZINSPILOT investment service, ZINSPILOT enables you to make daily, notice and fixed-term deposits at various investment banks selected by ZINSPILOT via your selected partner bank and with the help of the ZINSPILOT website. In addition to arranging contracts, ZINSPILOT only assumes obligations that are expressly stated in these conditions. In particular, ZINSPILOT itself cannot open bank accounts or accept deposits. ZINSPILOT is neither a credit or financial services institution according to the Banking Act (KWG), nor a payment service provider or payment service according to the Payment Services Supervision Act (ZAG). Any information about services and conditions or other information provided by ZINSPILOT does not constitute an advisory service to you, but rather serves exclusively to facilitate your independent decision. A consulting contract is expressly not concluded. 2.2 Access to oneseparately protected area on the ZINSPILOT website After you register, ZINSPILOT grants you access to a separately protected area on the ZINSPILOT website (the so-called “investment cockpit”), through which you can view information about investments brokered by ZINSPILOT in the past. Further details are provided in Section II. 4 (Registration) and the following provisions. 2.3 Account details at a partner bank To use the ZINSPILOT investment service, you need an account with a participating partner bank. Whether the partner bank opens or maintains an account for you is at the sole discretion of the partner bank. ZINSPILOT supports the customer in the steps necessary to open an account, in particular by providing the PostIdent procedure. Furthermore, ZINSPILOT enables the customer to provide information on the capital gains tax deduction and the issuing of exemption orders/submission of NV certificates to the partner banks, without thereby providing financial, legal or tax advice. 2.4 Conclusion of overnight, notice and fixed-term deposits with investment banks To use the ZINSPILOT investment service, in addition to an account, you also need an agency agreement for the ZINSPILOT investment service with your partner bank. The partner bank will provide you with the agency agreement on the ZINSPILOT website. The contractual provisions and terms and conditions of the partner bank alone apply to the relationship between you and the partner bank. Whether the partner bank concludes an agency agreement with you is at the sole discretion of the partner bank. 2.5 Display of daily, notice and fixed-term deposits from investment banks ZINSPILOT provides you with offers of conditions for overnight, notice and fixed-term deposits from selected investment banks on the ZINSPILOT website. ZINSPILOT strives to ensure that the offers from investment banks are always up-to-date and correct. The service or product-related information, in particular regarding the scope of services, prices, ratings, deposit protection and conditions on the ZINSPILOT website, is based exclusively on the information provided by the respective banks. ZINSPILOT is therefore not liable for the timeliness, completeness and accuracy of the investment options and conditions communicated to ZINSPILOT by the investment banks. 3 Your duties (1) You enter and transmit your personal data online using the input masks prepared on the ZINSPILOT website or via other transmission channels expressly provided by ZINSPILOT in individual cases. You are solely responsible for the completeness and accuracy of all of your data entered into the input mask or otherwise transmitted. In the event that intentionally false or untrue personal data is transmitted, ZINSPILOT reserves the right to exclude you from using the services offered or made available, to block your access to the ZINSPILOT website and to demand compensation for any resulting damage. (2) You are obliged to immediately check the contractual documents received from the service provider (partner bank and, if applicable, investment banks) - if necessary via ZINSPILOT - for accuracy, in particular to ensure that the conditions match the offers in accordance with Section II. 6, and to notify ZINSPILOT about any deviations inform. (3) Use of the services as part of the ZINSPILOT investment service for commercial purposes is excluded. 4 Registration for the ZINSPILOT investment service 4.1 Requirements for admission Your admission to the ZINSPILOT investment service requires the following: your registration application, which you submit via the ZINSPILOT website; You have reached the age of 18; You act as a natural person on your own account (according to Section 3 Paragraph 1 Number 3 of the Money Laundering Act). You have a registration address in Germany and are a tax resident You are not subject to US tax (FATCA) 4.2 Acceptance and rejection of your application for registration (1) After receipt of your application for registration via the ZINSPILOT website, you will receive a confirmation by email to the email address you provided in your application. (2) The information in your application must be complete and correct. ZINSPILOT stores this data. (3) ZINSPILOT reserves the right to check the information on your application and to ask questions via email. (4) ZINSPILOT is not obliged to accept your application for registration and can reject it without giving reasons. If ZINSPILOT rejects the application, you will receive a notification to the email address you provided in your application. If ZINSPILOT accepts your application, you will receive an activation link by email. The eFinal registration is carried out by clicking on the activation link or by entering the activation code on the ZINSPILOT website. 5 Use of the protected area of ZINSPILOT (1) With your complete registration you will have access to a protected area on the ZINSPILOT website that is only accessible to you and which contains all the information relating to you that is necessary for using the ZINSPILOT investment service and through which you can prepare your investment decisions. In the protected area you will also find an overview of your investments brokered via ZINSPILOT in a personal virtual investment portfolio (see section II. 7). (2) Your personal registration for this area is not transferable. You may not share your password with anyone else. (3) You must provide your primary private email address as your username. When registering, you choose a password that meets the ZINSPILOT password requirements. You are obliged to keep your password secret and to change it immediately if you suspect that third parties have or may have gained knowledge of your password. (4) As part of the use of the investment cockpit, ZINSPILOT will provide you with all versions of the contractual texts, the cancellation instructions, the information sheets for depositors and the pre-contractual information obligations in the protected area in an unchangeable manner for the duration of this contractual relationship and, to the extent provided for by legal provisions Disposal. The aforementioned documents are stored by ZINSPILOT in such a way that they cannot be changed unilaterally by ZINSPILOT. ZINSPILOT also undertakes to provide the protected area at all times in accordance with reasonable, suitable and current security standards. (5) ZINSPILOT will never ask you for your password by email or telephone. Please never provide information about your password by email or telephone, even if the sender or caller claims to be an employee of ZINSPILOT or an employee of a bank. (6) If the data you provided during registration changes, you are obliged to correct it immediately via your protected area. 6 Execution of your systems 6.1 Selecting your investments On the ZINSPILOT website you can view the currently available investment offers from the investment banks and access the deposit details. 6.2 Execution of your investment decision The partner bank will carry out your binding investment decision within the usual bank processing times and in accordance with the respective product conditions of the selected investment and your user agreement with the partner bank at the investment bank, unless this is objected to in accordance with Section II. The investment offers from investment banks are limited. Investment offers may have already been closed by the investment bank by the time your investment amount has been received. The partner bank is not obliged to subsequently carry out your investment decision in whole or in part after the investment bank has closed the investment offer. 6.3 Non-execution of your investment decision The partner bank is entitled to reject your investment decisions in accordance with its regulations. 6.4 Interest Interest on your invested amounts will be credited to your account at the partner bank by your partner bank in accordance with the product conditions of the investment bank's respective investment offer in accordance with the provisions of the agency agreement. Interest will be credited even if your customer relationship with ZINSPILOT has ended before the interest due date. The conditions that you have concluded in the agency agreement with your partner bank apply exclusively to the crediting of interest income. Each partner bank can agree individual payout processes with investors as part of the agency agreement (e.g. payout to a reference account specified by the customer). 6.5 Termination of current investments and withdrawals of your investment amounts You can inform ZINSPILOT as a messenger via your closed area on the ZINSPILOT website (investment cockpit) or by sending an email to service@zinspilot.de if you would like to cancel an ongoing investment. Your investments will be returned to you at the end of the term. For the crediting of investment amounts, only the conditions that you have concluded in the business transaction with your partner bank apply. Each partner bank can specify individual payout processes as part of the agency agreement (e.g. payout to a specified reference account or to the clearing account at the partner bank). 7 Virtual investment portfolio ZINSPILOT will provide you with virtual account overviews in the investment cockpit, in which your respective investment amounts and any accrued interest bbe displayed to the respective investment banks. ZINSPILOT can only take into account those transactions that it is aware of. The contents of the virtual account overview displayed in the protected area of the ZINSPILOT website are based exclusively on the information provided by the respective banks. ZINSPILOT is not liable for the topicality, completeness and accuracy of the content communicated to ZINSPILOT by the partner banks. 8 Fees and Compensation (1) The use of the ZINSPILOT investment service is free of charge for the investor. If a partner bank charges fees for maintaining an account as part of the ZINSPILOT investment service, ZINSPILOT will cover these fees in full for the investor and for the duration of their contractual relationship. (2) ZINSPILOT receives compensation from the participating investment banks for displaying the investment offers and providing the ZINSPILOT investment service. With ZINSPILOT, the investor acts exclusively as a self-decision maker. There is no advice or recommendation on investment products. The remuneration towards ZINSPILOT is made in order to be able to offer the ZINSPILOT investment service free of charge to the investor. 9 complaints You should address your complaints about the execution of your investment decisions and other instructions by ZINSPILOT that concern a partner bank or an investment bank exclusively to ZINSPILOT at service@zinspilot.de. ZINSPILOT will investigate your complaints and inform you of the result by email or telephone. 10 Retirement of a partner bank ZINSPILOT is entitled to terminate the business relationship with previous partner banks. A partner bank is also entitled to terminate its business relationship with ZINSPILOT. In both cases, you will still remain a customer of the partner bank and your previous investments will continue to be processed by the partner bank and ZINSPILOT in accordance with the contract. However, you cannot make any new investment decisions for execution by the partner bank concerned via the ZINSPILOT website. Your virtual account overview at ZINSPILOT continues to reflect your existing investments. For new investments, you have to enter into a new customer relationship with another ZINSPILOT partner bank or another partner bank enters into the contract between you and the partner bank and takes over all contractual obligations from your previous partner bank. We will inform you about the departure of a partner bank and the possible entry of another partner bank into the contractual relationship by email or by post if you are a customer of the relevant partner bank. 11 Termination of the contract with ZINSPILOT 11.1 Ordinary termination ZINSPILOT and you are entitled to terminate this contract at any time with eight weeks' notice to the end of the quarter (March 31, June 30, September 30, December 31). You should send your cancellation in text form to the contact details provided in the legal notice on the ZINSPILOT website. In the event of termination, you should ensure that all investments arranged via the ZINSPILOT investment service have been completed, because the consequences of termination in accordance with Section II. 11.3 occur. 11.2 Extraordinary termination You are entitled to terminate this contract with immediate effect in writing for good cause if you can no longer be expected to adhere to the contract with ZINSPILOT. Section 314 of the German Civil Code (BGB) applies. ZINSPILOT can terminate this contract with immediate effect for the same reason. 11.3 Consequences of termination If this contract is terminated, the following applies from the effective date of the termination: (1) Your existing investments will continue to exist regardless of the termination. (2) Once you receive notice of termination, you will not be able to take out any new deposit products via ZINSPILOT. (3) Once the termination takes effect, you can no longer use the investment cockpit on the ZINSPILOT website, which means, among other things, you can no longer view investment offers and you no longer have access to your virtual account overview. You may receive outstanding tax notices or notification of the distribution of outstanding interest payments for a fee by instructing ZINSPILOT in writing. (4) Any agreements and contracts that you have concluded with the partner bank remain unaffected. 12 Special provisions regarding the warranty and liability of ZINSPILOT (1) ZINSPILOT gives no assurance whatsoever about the suitability, availability or quality of the investment banks' offers presented and assumes no liability for the availability of the investment banks' services presented. None of the information is a promise, guarantee or assurance by ZINSPILOT. (2) ZINSPILOT only provides the services offered by partner and investment banks; expressly does not monitor or control the creditworthiness of partner and investment banks during the term of the investment. ZINSPILOT is therefore not liable ffor their behavior and creditworthiness. 13 Right of withdrawal As a consumer, you can revoke the conclusion of this contract in accordance with the following provisions: Right of withdrawal Part 1 Right of withdrawal You can withdraw your contractual declaration within 14 days without giving reasons by means of a clear declaration. The period begins after conclusion of the contract and after you have received the contractual provisions including the general terms and conditions as well as all the information listed below under Section 2 on a durable medium (e.g. letter, fax, e-mail). To meet the cancellation deadline, it is sufficient to send the cancellation in a timely manner if the declaration is made on a durable medium. The revocation must be sent to: Raisin GmbH c/o ZINSPILOT customer service At Sandtorkai 71 20457 Hamburg service@zinspilot.de Section 2 Information required for the start of the cancellation period 1. the identity of the entrepreneur; The public company register in which the legal entity is registered and the associated registration number or equivalent identifier must also be stated; 2. the main business activity of the entrepreneur and the supervisory authority responsible for its approval; 3. address of the entrepreneur and any other address that is relevant for the business relationship between the entrepreneur and the consumer, in the case of legal entities, associations of persons or groups of persons also the name of the authorized representative; 4. the essential characteristics of the financial service and information about how the contract is concluded; 5. the total price of the financial service including all associated price components as well as all taxes paid via the entrepreneur or, if an exact price cannot be specified, its calculation basis, which enables the consumer to check the price; 6. Details regarding payment and performance; 7. the existence or non-existence of a right of withdrawal as well as the conditions, details of its exercise, in particular the name and address of the person to whom the withdrawal is to be declared, and the legal consequences of the withdrawal, including information about the amount that the consumer has to pay in the event of the withdrawal must pay for the service provided if he is obliged to pay compensation (underlying regulation: Section 357a of the Civil Code); 8. the Member States of the European Union whose law the entrepreneur uses as a basis for establishing relations with the consumer before concluding the contract; 9. the languages in which the contractual conditions and the preliminary information referred to in this cancellation policy are communicated, as well as the languages in which the entrepreneur undertakes, with the consent of the consumer, to conduct communication during the term of this contract; 10. an indication of whether the consumer can use an out-of-court complaint and redress procedure to which the entrepreneur is subject and, if applicable, the access requirements; 11. the existence of a guarantee fund or other compensation schemes that do not fall under the provisions of Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (OJ L 173 of 12 June 2014, page 149; L 212 of 18.7.2014, page 47; L 309 of 30.10.2014, page 37) are still covered by the deposit guarantee schemes established in accordance with Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor compensation schemes (OJ . L 84 of 26.3.1997, page 22). Section 3 Consequences of revocation In the event of an effective cancellation, the services received by both parties must be returned. You are obliged to pay compensation for the service provided up to the time of revocation if you were informed of this legal consequence before submitting your contractual declaration and have expressly agreed that the performance of the consideration can begin before the end of the revocation period. If there is an obligation to pay compensation, this may mean that you still have to fulfill the contractual payment obligations for the period until revocation. Your right of cancellation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of cancellation. Obligations to reimburse payments must be fulfilled within 30 days. This period begins for you when you send your cancellation notice and for us when we receive it. End of revocation 14 Special data protection provisions 14.1 Use of the Zinspilot investment service When using the ZINSPILOT investment service, we act in accordance with the following data protection information: (1) The information required to carry out the services and VPersonal data required under these conditions will be stored, used, processed and transmitted to the service providers involved to the extent necessary. This applies in particular to the following transmission processes: The use of the ZINSPILOT investment service requires that ZINSPILOT provides the partner bank with all the data required to carry out your investment decisions. The partner bank ZINSPILOT will transmit all the necessary data to maintain and update the virtual account overviews and customer lists. The partner bank and ZINSPILOT are also entitled to transmit your personal data to the respective investment banks you have chosen to the extent necessary. This occurs exclusively within the framework specified by law (in particular the Money Laundering Act (GWG). The investment bank is not permitted to use this data for other purposes. (2) Your personal data will only be used to the extent necessary to provide the services stored, used and processed. Disclosure or use for other purposes is excluded unless this is absolutely necessary for legal reasons or you have expressly granted ZINSPILOT the right to use it for advertising purposes or there is a specific suspicion of misuse. The use of your customer data by the partner banks is regulated directly between you and the partner bank. (3) You can object to the aforementioned data processing operations at any time in the future by sending an email to datenschutz@zinspilot.de. However, you will then no longer be able to use ZINSPILOT's services or will only be able to use them partially. The processing required to process your investments remains unaffected by your objection. (4) The above regulations apply accordingly to data subject to banking secrecy. 14.2 Digital account opening Sutor Bank (1) Digital legitimation (video identification) Sutor Bank provides the customer with a digital identification option. For this purpose, Sutor Bank uses the following service providers: Deutsche Post AG. The general terms and conditions and data protection regulations of the respective service providers also apply. These are provided to the customer before use. The use of this service is voluntary and free of charge for the customer. If the customer uses the service, the ZINSPILOT investment service transmits the data required for digital authentication to the respective service provider. The ZINSPILOT investment service saves the result of the authentication (successful/unsuccessful) for the purposes of the associated product transaction. The exam takes place via a video call (telephone call with video transmission). The prerequisite for video identification is that the customer has a suitable device, an internet connection and an acceptable, valid identification document. During the conversation, the ID and the visible person are checked and this is documented by taking photos. If the check is successful, proof of legitimacy will be created, which will only be sent to the bank. (2) Qualified Electronic Signature (QES) Sutor Bank offers to sign the account opening application using a qualified electronic signature (QES). This is done according to the German signature law. This service is voluntary and free of charge for the customer. When used, the ZINSPILOT investment service transmits the necessary data to Sutor Bank or the respective service provider and saves the result of the signature (successful/unsuccessful). To sign using QES, an electronic certificate is created after successful digital authentication (see above). The customer can make a binding offer to broker or conclude a contract by clicking on the button provided. All data entered in the online application process will be transmitted to Sutor Bank for processing and decision on the application. The sending of the so-called welcome letter by Sutor Bank constitutes acceptance of the offer.

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