General Terms and Conditions

For the business relationship and legal relationship between BrokerFlat LLC (hereinafter BrokerFlat/BF/we/us/our) and the user of our website and services (hereinafter user) exclusively these General Terms and Conditions (GTC) apply. The GTC are already and all the time available to the user for reading, printing and saving from beginning of entering our website and before using our services. Accordingly, these GTC are deemed to be agreed and valid from the outset. In case of doubt, the English version of our documents is authoritative for legal relationships with BF.

Service

We provide freely available information about financial service providers, such as brokers, and other service providers in the financial industry (hereinafter referred to as partners) at www.brokerflat.com as well as online and offline presentations and communication channels in connection therewith. In return, we may receive payments from our partners from which we finance benefits for our users. Users can receive remuneration from us or benefits from the partner when using our services by qualified use of certain services of our partners (see Benefits).

By using services of BF it can be financially cheaper to do business with one of our partners than if the user concludes this business with the relevant partner without using our service.

Under no circumstances shall a financial service or any other service requiring permission or regulation be deemed to be the object of our services. In this context, the provision of proof intermediation alone (e.g. proof of trading accounts) shall be deemed agreed for our services relating to financial service providers/financial services in the cases in question.

All claims of the user against us from this contractual relationship are agreed solely as consideration for the provision of the user data for the provision of our intermediation and marketing services for our partners. Excluded is the linking of the contractual relationship between user and us with its actions / omissions at our partners or third parties. In particular, the financial decisions are made by the user on his own responsibility and independent of the legal relationship with BF. It is agreed as excluded that the services provided by us are used by the user as a basis for legal or financial decisions or other conduct or the change of such decisions and conduct. In particular for the amount of the financial value of benefits for an individual user, the scope of the user's conduct and decisions (e.g. the qualified use of services of our partners) is used solely and exclusively as an internal and economic basis for calculation and not as a condition for the claim of services per se. It is therefore expressly forbidden for the user to adjust his behavior in any way to the variable amount of the financial value of his individual benefit. The user may only use data that can be viewed by the user to track the financial value of our services to the user. Under no circumstances may our services and information be understood as an incentive by the user, but only as a practical source of information.

The user acknowledges that the use and unrestricted functionality of cookies, tracking, online visitor traffic analysis and similar methods may be fundamental to the provision of our services to our users and users. If these and similar methods are restricted, BF is not obliged to provide its services to the extent of the restriction.



Contractual relation

In order to be able to use our services and the possible benefits from it, a registration can be a prerequisite. But it is also possible to receive benefits without registration. Both creates a contract between the user and BF. For this purpose of registration, the user must submit an application for registration (hereinafter application) by entering the required data in the registration form together with the acceptance of these GTC as the basis of the contractual relationship. The registration further presupposes that the user truthfully transmits the data requested in the registration form and is an unrestrictedly contractually capable natural person over 18 years of age. Legal entities and companies can become users if a natural person with unlimited legal capacity over the age of 18 years and the necessary authorization performs the registration. Deviating conditions of the user does BF not accept, unless we have expressly agreed to them in writing. If there are justified doubts about the age of majority, BF reserves the right to demand proof of age from the user. After application, an activation e-mail is automatically sent to the e-mail address provided by the user. The user must then click on the link contained in this activation e-mail to confirm his registration. After clicking on the registration link, the user will receive a welcome e-mail if we accept the offer to register. The registration and thus the conclusion of the contract are thereby completed.

There is no legal claim to registration. BF is entitled to refuse applications or other offers to conclude a contract without giving reasons.



Benefits

Benefits (may also called Deal) are the financial benefits that a user can obtain through qualified business activities with our partners. The exact description of this qualified activity and other requirements can be found on the relevant BF website or in our own marketing communications relating to the benefit. In addition, the partner's terms and conditions, which are communicated to the user by the partner, may also apply.

The starting point for a benefit is regularly, but not always, that the user becomes a new customer of the partner and/or makes use of the services of the partner. In addition, there may be conditions for the extent to which the services with us or with the partner are used or similar conditions.

In addition, it is always a prerequisite that the user is assigned to us by the partner. The list of all these aforementioned prerequisites for a benefit concerning the partner is made solely by our partners. They are to be fulfilled by the user and can be recognized with final effect only by the partner as fulfilled. BF is bound to this. The requirements vary from partner to partner. BF does not take over any guarantee and warranty for the acknowledgment of the fulfillment of conditions for a Benefit by the partner. This does not apply to services which are originally only to be fulfilled by BF itself.

If the conditions for a Benefit are fulfilled, the user is entitled to the financial benefits and payments based on the Deal value in combination with the partner's recognition as well as the benefits and payments actually granted by our partners.

Upon termination of a partnership between BF and partners, the associated Benefits shall cease to be valid, and BF shall accordingly no longer be obliged.



Benefit value

The financial value of a benefit from a Deal (deal value) results from the respective current description of the benefit/Deal at BF.

This description can have an estimating, exemplary, descriptive or variable character with reference to the partner's circumstances. In this case, the deal value is concretized by corresponding information from the partner. In some cases, the concrete deal value only results from the individual business activities of the user with the partner. In such cases, the user is obliged to obtain the relevant information on the deal value for his own needs on his own responsibility and on his own initiative.

In the case of a deal value for a concrete example of a qualified business action of the user with the partner or/and with us, it is the exact value for this example. Deal values marked accordingly can also indicate maximum or average amounts.

The calculation basis for the benefit is derived from the respective current description of the Benefit in BF. The calculation basis is usually the qualified business action of the user at the partner which is regarded as a prerequisite.

BF can change the amount of the deal value at any time with correspondingly accessible information. A deviation from the deal values described at BF can also occur if the user has made individual agreements with the partner or the partner pays us or the user directly a different payment for a user.



Payments

The financial benefit of a Deal can have a direct impact by at the partner or paid directly by the partner to the user. Otherwise, the BF user may receive from us the financial benefit from the Deal. For payments from BF to a user on this occasion, the user must first complete and verify personal details in the user area. In addition, the payment claim only arises once the partner has made the full payment for the user to us, which is related to the user's Deal.

The user must choose from a selection of payout options provided by us and submit a complete and correct payout request. There may be a previously displayed minimum withdrawal amount.

If all requirements for a withdrawal claim are met, the payment is due at the end of the following month.

Settlements to credit balances and payments to users by BF themselves are without complaint after 4 weeks considered approved. For settlements of credit balances, payments or other advantages directly at the partners their regulations apply.

In each individual case, it always applies that the specific payment claim of the user results from the information calculated, recognized and made available by the partner.



Costs

Neither the usership and the registration or our services in relation to the Deals generate costs in relation of us to the user. BF does not charge its users any costs in the normal course of business. Exceptions are payments of BF. According to our information during the payout process, there is a fee for this. In addition, in the case of payments from BF, the user must bear the costs of payment transactions with the payment service provider. BF is entitled to charge its own costs for the processing and execution of settlements and payments. BF may offset the costs of payment transactions as well as the costs charged by us ourselves against the user's credit balance on the user account.



Users

The user assures BF to truthfully and completely provide all data necessary for using our service and/or for registration and to inform us immediately of any changes to his deposited data or to change these himself. For information about changed data the user can write also by E-Mail or online in the contact form to the support of us. BF reserves the right to legitimize a registration in the form of an official and valid ID of the user to carry out or require. Should this verification not be provided by the user, BF has the right to refuse or terminate the usership without giving reasons. In particular, the illegal disclosure of third-party data is not permitted.

Irrespective of other legal regulations, BF is entitled to refuse the provision of its services to the user in whole or in part and to block the access of the respective user to our services in the event of the provision of false data, in the event of abusive action or illegal actions by the user. The user's data record can be provided with a blocking notice by BF in order to exclude the user from using the services in the future, in particular from re-registering.

The user is obliged to keep the access data and passwords secret and to prevent unauthorized use of the access granted to the user by third parties. If the user becomes aware of the misuse of his data, he must inform BF immediately. In case of misuse, we are entitled to block access to our services. The user is solely liable for any misuse for which he is responsible and for any illegal actions for which he is responsible. In this context, the user shall indemnify and hold BF harmless.

For legal relations between user and partner only the legal regulations of the partners are authoritative. BF is, as far as legally permissible, never a contracting party or other obligated party from the legal relationship between user and partner. The user himself is responsible for the correct and complete display of our online services by suitable technical resources. In the event of further development of the technical components of our services, it is the user's responsibility to make the necessary adjustments to the technology used by him after receiving information from us.



Termination

BF is entitled to terminate the contractual relation with immediate effect for significant cause. An important reason exists in particular if the performance of the service becomes impossible for reasons for which the user is responsible or if the user violates essential obligations under this contract. This is in particular the case if the user provides false data or in case of misuse or suspicion of illegal actions by the user.

The user is entitled to terminate the contract at any time without giving reasons. The contractual relation with BF can be terminated by both sides with a period of notice of 4 weeks. The notice is to be addressed in text form to an official e-mail address of BF.



Affiliates

Every user has the possibility, but not the claim, as an affiliate to recruit new users for BF and to earn a share of our income concerning the recruited users. For this purpose, individual referrer links with cookie connection and affiliate IDs are provided in the user area. Affiliates have their own area in the user area of BF.

Rights and obligations of affiliates

In addition to the rights and obligations of a user arising from the legal relationship with us, affiliates are affected by the following rules. The Affiliate is not a representative, trading partner, agent, employee or freelancer of BF and will not act on our behalf or make statements of any kind on our behalf. This contract does not create any employment or commercial relationship beyond the agreement of marketing services.

The affiliate is obliged:

- to refrain from any competition towards BF or to promote foreign competition towards us,

- to comply with all legal regulations and laws in connection with his activity,

- to inform us immediately as soon as he becomes aware that he and/or BF could have violated legal regulations or laws,

- to inform each potential user, expressly or upon request, of the relationship between the affiliate and BF, in particular: that he and BF are separate legal entities, that he does not act as a trading or other agent for BF and that he is not a shareholder or co-entrepreneur of BF, that he (the prospective) consents to the transfer of his data to BF for processing and that affiliate receives payment from us for his marketing in relation to the referred users,

- to inform BF immediately of any complaints and/or disputes that a (potential) user may have against the affiliate or us in relation to common matters. The affiliate will provide BF with all written communications, notices and other documents and information created or received in connection therewith,

- to pay us a reasonable contractual penalty for breach of the agreements with us and to indemnify and hold us harmless to the maximum extent permitted by law for all incidents detrimental to us caused by the affiliate.

The affiliate assures:

- that he has the necessary official permits, registrations or other approvals for its activities in accordance with the applicable legal regulations and laws,

- that in connection with this affiliate agreement he will not engage in any activities other than referring prospectives without our consent and will make no pledges or other binding statements to potential users with respect to services of BF,

- not to make any statements to potential users or other third parties on behalf of or for BF,

- not to use the name or logo of BF or any other legally protected material without the prior consent of BF or the relevant copyright holder,

- to publish and/or disseminate written information or other material and content about BF and its services and to make this known to BF before using and to use this only with the consent of BF. We reserve the right to revoke an already given consent at any time. In this case, the affiliate is obligated to immediately cease the use and to immediately remove these materials and information,

- not to send spam by e-mail or to advertise in social media in an excessive manner, or not to unfair or unlawful exercise in any other way his activity as an affiliate.

BF pays the affiliate a success-based marketing budget:

- if, following the referral of a potential user by the affiliate, the user makes a full registration with us and generates revenue for us from an existing partner of ours with a qualified business activity,

- unless otherwise agreed, of 20% of the net remunerations accrued by us and actually paid and remaining to us by our partners for each user referred by the affiliate (net remuneration here means the deduction of the financial benefits distributed to the user from his Deal with us).

The resulting affiliate remuneration to private individuals is to be understood as net equal to gross. In the case of affiliate remuneration for commercial/entrepreneurial activities with business accounting, the marketing budget is to be understood as gross including all taxes and duties to be reported and/or incurred in this relation.

The obligation of BF to pay the marketing budget to the affiliate shall not apply if this contract is terminated or otherwise ends. If the affiliate's activities lead to a conflict with our interests, we are entitled to terminate the cooperation.

The marketing budget is credited at least once a month in arrears and is listed in the user / affiliate area. For the payment of the marketing budget the point "Payments" in these GTC applies accordingly.

The marketing budget claim fully covers the affiliate's activities; in particular, there is no claim for reimbursement of expenses or other costs.

BF will provide the affiliate with reports on referred customers on a quarterly basis at the latest upon request. BF will provide the affiliate with statistics on the activity of referrer links at regular intervals upon request.

BF is entitled to cooperate with other affiliates and to take other marketing measures.



Terms of use and liability

For the access of users to the website or services of BF, the use and liability terms listed here and elsewhere in these GTC apply. If users do not accept these terms, they are not allowed to access to the website and use the services furthermore.

Local/personal restrictions

Neither the website/services nor the information and functions contained therein are addressed to or intended for users in countries or jurisdictions, in which the publication and/or distribution of those information and functions and/or the marketing for this is forbidden in general of for the user is unlawful or such publication/distribution/marketing is prohibited without prior authorization or approval and the relevant authorizations or approvals have not been obtained. Every user is responsible for oneself to inform about possible restrictions before access and further use of the website/services and to comply with restrictions.

In the event of an existing local or personal restriction of content, functions and advertising, in particular regarding financial services, it is deemed to be accepted and agreed that the user who nevertheless accesses it shall do so entirely on his own initiative and without any influence or request from BF.

 

Content and information

The content of the website and our services have no regard to the specific investment objectives, financial situation or particular needs of any specific recipient. Unless specifically stated otherwise, all price information is indicative only. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the content/services. The content/services are not a complete statement of the securities, markets or developments referred to herein. Furthermore, the content/services should not be regarded by users as a substitute for the exercise of their own judgment. In no case should the user align/adapt his behavior with the services, information or other contents of BF or understand these as an incentive for a certain behavior.

Any opinions are subject to change without notice and may differ or be contrary to opinions expressed by other business areas of BF as a result of using different assumptions and criteria.

As far as legally permissible BF is not under any obligation to update or keep current the information contained herein. Otherwise in case of checking and updating meanwhile the information may have changed despite all the diligence. Therefore, BF does not assume liability for or guarantee the timeliness, accuracy and completeness of the content. The information contained on the website/services are just for informational purposes. BF does not provide financial services or financial analysis in his own name. No information published on the website or with our services constitute a solicitation, an offer or a recommendation to buy or sell any financial instruments, to affect any transaction, or to conclude any legal act of any kind whatsoever. BF does not intend to provide investment, legal, tax or other advice through the website/services. The content/services do never provide the only basis for investment or other decisions. BF is not liable for that any securities or services discussed are suitable for any user. When making a decision about your investments, you should seek the advice of a professional financial advisor.

The website may contain statements that constitute forward looking statements. While these forward looking statements may represent the judgment and the future expectations of BF, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from the expectations of BF. As far as permissible BF is under no obligation to and expressly disclaims any such obligation to update or alter its forward looking statements whether as a result of new information, future events, or otherwise.

No warranty and liability

The use of the website and services as well as of integrated contents and services of third parties is at the own risk of the user. Any use of the content and services for making financial or legal decisions remains a self-dependent and self-contained decision of the user. The information contained on the website and in the services are provided as is and as available. BF makes no representations or warranties of any kind, either express or implied, with respect to the information and functionality contained on the website, in our services or in the services provided by third parties. Without limiting the foregoing, BF does not warrant the accuracy, timeliness, completeness, reliability or availability of the website/services or the information or results obtained from use of the website/services, or that the website/service is virus-free or error-free.

To the fullest extent permitted by law, in no event shall BF or any of its representatives, employees or contractors have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the website/services, even if BF has been advised of the possibility of the same.

To the extent required by law, the liability of BF remains unaffected in the event of proven intent or gross negligence on the part of employees of BF. As far as permissible, BF is in no way responsible for content, services, marketing or other actions / omissions of third parties.

Force majeure

BF is not liable for damages caused by force majeure, riots, war and natural disasters or by other events for which BF is not responsible (e.g. strike, lockout, traffic disruption, sovereign orders at home or abroad) or due to technical disruptions (such as the EDP system) not culpably caused. Force majeure also include computer viruses and similar or intentional attacks on IT systems by so-called "hackers", provided that appropriate protective measures have been taken against such attacks.

Links and commission note

Our websites / services may contain third party content or links to third party websites / services. These content and links are provided solely for your convenience and information. BF has no control over, does not assume any responsibility for and does not make any warranties or representations as to, any third party content or websites/services, including but not limited to, the accuracy, subject matter, quality or timeliness. BF shall have no liability for third party content, services or websites or websites linking to or framing our website/service.

Certain links may be used to allow BF to receive compensation / commissions by third parties for their use or subsequent actions.

Intellectual property rights, copyrights

BF, or the applicable third party owner, retains all right, title and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on the website. Individual pages and/or sections of the website may be printed for personal use only, and provided that such print outs retain all applicable copyright or other proprietary notices. All users must not, without limitation, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way for commercial or public purposes in whole or in part any information, text, graphics, images, video clips, directories, databases, listings or software obtained from the website without the prior written permission of BF. Systematic retrieval of content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether trough robots, spiders, automatic devices or manual processes) or creating links to the website without written permission from BF is prohibited.



Risk note

CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage. A certain percentage of retail investor accounts lose money when trading CFDs with the providers mentioned here. The exact proportion can be found in the provider's description and the general risk information provided by us. You should consider whether you understand how CFDs work and whether you can afford to take the high risk of losing your money.

Trading financial instruments carries a high level of risk and may not be suitable for all investors. This applies in particular to leveraged financial instruments (trading on margin). The high degree of leverage can work against you as well as for you. From a positive value development of a financial instrument in the past, no conclusion can be drawn for future benefits. Due to political, economical or other changes or events, significant losses may occur. In addition exchange rate fluctuations of foreign currencies can influence profits and losses. Before deciding to trade any financial instrument or making any other decision with financial impact you should carefully consider your investment objectives, level of experience and risk appetite. You should be aware of all the risks and opportunities associated with the trading of the concerned financial instrument or with any other financial decision. Ensure that you fully understand the risks involved. The possibility exists that you could sustain a loss even in excess of your initial investment. Only invest with money you can afford to lose. If necessary, you should seek independent advice.



Amendment of these GTC

BF is entitled to change these GTC with effect for the future at any time without giving reasons. In this case BF will inform the user about the change in time. If the user does not object to the changes within 4 weeks from receipt of the change notification, the GTC apply to him in the new version. BF will point this out to the user in the change notification to this consequence.



Place of jurisdiction

Unless otherwise stipulated by law, all disputes arising from or in connection with these GTC and the other contractual and legal relationship with us are subject to the exclusive jurisdiction of the courts at the registered office of BrokerFlat LLC.