Terms

§ 1 General provisions

(1) These General Terms and Conditions (Terms) are the binding rules applicable between CapIQ UG (haftungsbeschränkt), email address: hello@jimiq.app (hereinafter the “Platform Operator”), and the users (hereinafter “Users”) when using the JimIQ platform (hereinafter the “Platform”).

(2) These Terms apply to all Users, whether acting as businesses or consumers, when using the Platform. These Terms apply exclusively. Any deviating, conflicting or supplementary general terms and conditions of Users shall become part of the contract only if and to the extent that the Platform Operator has expressly consented to their application. This requirement of consent applies in all cases.

(3) The Platform Operator reserves the right to refuse to enter into a contract where there are substantial grounds for doing so. Such grounds may exist for the Platform Operator in particular where a conflict of interest exists or may arise, or where other legal or statutory reasons preclude the conclusion of a contract.

§ 2 Description of the Platform

(1) JimIQ is a digital learning and analysis platform covering investment, financial markets and long-term wealth accumulation. The application provides educational content, market and portfolio reviews, and AI-assisted functions for the general preparation of information.

(2) The Platform's main services comprise:

a. Providing educational content, information and analyses concerning investment and financial markets

b. Portfolio tracking and the creation of virtual model portfolios for simulation and educational purposes

c. Use of an AI-assisted chatbot that, on the basis of information entered by the User, produces analyses and suggestions concerning financial instruments for educational and simulation purposes.

(3) A suggestion is incorporated into a virtual model portfolio only upon the User's express confirmation. The Platform does not hold client funds or financial instruments at any time.

(4) The Platform does not provide any investment advice, financial portfolio management, investment brokerage, brokerage involving the conclusion of transactions, custody of financial instruments or execution of securities orders. Users make investment decisions on their own responsibility. The model portfolios do not represent actual securities accounts or investments.

§ 3 Use of the AI-assisted chatbot

(1) At a User's express request, the AI-assisted chatbot may produce specific suggestions to buy, sell or hold financial instruments for educational and simulation purposes. These suggestions are based on the information entered by the User.

(2) A suggestion is incorporated into a virtual model portfolio only after prior active confirmation by the User.

(3) No securities orders are received, transmitted or executed. All decisions concerning the use of investment strategies and financial instruments are solely the individual responsibility of the User.

(4) A query to the AI-assisted chatbot incurs a credit charge for each message sent, which is communicated to the User in advance. The provider reserves the right to change the credit pricing structure at any time. Such changes may become necessary to adapt to changes in token and computing prices required to provide the functions. The User will be informed in good time before any change to credit pricing takes effect.

§ 4 Registration and procedure

(1) Use of the Platform requires registration with a name, a current email address and a personal password chosen by the User.

(2) Following registration, the Platform Operator sends a clickable activation link by email to the email address provided by the User. The Platform may be used after clicking the link. Users may choose between free (“Freemium”) and paid membership packages (monthly/annual subscriptions, one-off purchases or in-app purchases). The precise services and prices are displayed during the registration process.

(3) Each User may create only one user account. Making the account available to third parties is not permitted. Users undertake to take the necessary measures to ensure the confidentiality of their account details and password and to keep their password secret. Any misuse of the account or suspicion thereof, and any misuse or loss of the password, must be reported to the Platform Operator without undue delay. In such cases, the Platform Operator is entitled to block the account completely or temporarily.

(4) All Users are required to provide complete and truthful information. If Users culpably provide misleading or untrue information, they shall be liable for damages to the extent that the Platform Operator suffers loss as a result of that untrue information. Users are also required to indemnify the Platform Operator against third-party claims. Further claims, in particular third-party claims for damages or claims for damages by potential contracting parties, remain unaffected.

(5) The Platform Operator does not check every profile before activating it. However, the Platform Operator reserves the right to verify individual details. The Platform Operator is entitled to refuse publication of user profiles if the profile concerned does not correspond to the Platform's specialisation or if the reliability of the information has not been sufficiently demonstrated. This also applies where the content to be published infringes statutory requirements, official prohibitions, third-party rights, accepted principles of morality or these Terms. The Platform Operator gives no guarantee as to the information provided by Users.

§ 5 User profile

(1) The user profile is not visible to other users or persons using the application.

(2) The Platform Operator is entitled to forward personal data in user profiles to other Users if the User has given consent. Personal data are disclosed only for the purpose specified in that consent.

§ 6 Paid membership

(1) To use the paid services on the Platform, Users must enter into a membership agreement for use of the Platform. The User may choose from the models offered.

(2) The presentation and promotion of these models on the website do not yet constitute a binding offer to enter into a contract.

(3) A contract is concluded only when the Platform Operator accepts the User's order by a declaration of acceptance or when the service is provided.

(4) After taking out the membership, the User may use the Platform's services for the agreed period.

(5) Memberships include monthly credits that may be used for certain services, such as analyses or AI queries. These credits are reset monthly, irrespective of consumption, and do not carry over to the following month. Neither the monthly nor the annual subscription allows unused credits to be carried over to the next month. Additional credits purchased separately are not subject to this rule and remain available.

§ 7 Prices and payments

(1) The membership prices stated are final prices and include value added tax.

(2) The agreed subscription price must be paid immediately after registration, directly via the payment methods specified in the App Store.

(3) Unless expressly agreed otherwise, payment may be made only by the payment methods shown on the website. Access is activated only after payment has been made.

(4) Users are not entitled to set off claims against claims of the Platform Operator unless the counterclaims have been established by a final and binding judgment or are undisputed.

§ 8 Term and termination of the agreement for use

(1) The precise term of the paid membership is determined by the respective subscription.

(2) Free memberships may be terminated at any time without giving reasons.

(3) Either party may terminate the paid subscription by giving one month's notice to the end of the term. If notice of termination is not given, or is not given in time, the membership is renewed for a further month or a further year, respectively, and may be terminated subject to the above notice period.

(4) Any notice of termination must be given in text form (Textform). The right to extraordinary termination for good cause remains unaffected.

§ 9 Ending the agreement for use

(1) If the contract is terminated by the User or the Platform Operator, the Platform Operator will archive the User's personal data (including name, email, telephone number, messages and uploaded files). The user account will be permanently deleted no later than six (6) months after the contract ends. This does not apply to the extent that the Platform Operator requires the data concerned to enforce claims against Users or statutory retention obligations apply.

(2) When termination takes effect or the subscription expires, the unrestricted contractual relationship ends and the User may use their access only to a limited extent. The scope of free, limited use may change.

(3) Users who end a paid subscription and downgrade to a free membership continue to have limited access to the AI bots and other Platform functions; the scope of free registration is clearly defined in the offer. The Platform Operator reserves the right to expand or restrict the scope of free registration at any time at its own discretion.

(4) The User's profile data are retained until the User deletes them or statutory retention periods expire. The Platform Operator reserves the right to block the username and password when termination takes effect or the subscription expires.

(5) Where the Platform Operator requires the data concerned to enforce claims against the User or statutory retention obligations apply, these data remain stored beyond the periods specified above.

§ 10 Licence for Users' content

(1) When Users provide content on the Platform, they instruct the Platform Operator to store and host it and, where agreed, to make it accessible to third parties. The Platform Operator uses user content in accordance with the agreement between the Users and the Platform Operator. By providing their content, Users grant the Platform Operator, for the duration of the agreement, a non-exclusive, worldwide licence to use that content for the purpose of providing the services under the agreement. This also includes the right to store, reproduce, format, (technically) edit, transmit and make the content accessible, and to analyse and evaluate it itself or through third parties. The Platform Operator is also entitled to keep the data in a failover system or a separate disaster recovery data centre. To remedy disruptions, the Platform Operator is also entitled to make changes to the structure or format of the data. The Platform Operator will publish content uploaded by Users to the Platform and make it accessible to third parties only to the extent necessary for the purpose of the contract.

(2) Users warrant that they hold all rights to the content they upload to the Platform or have a licence for that content enabling them to grant the Platform Operator the rights under this clause.

§ 11 Obligations of the Platform Operator

(1) The services offered by the Platform Operator on the Platform are subject to continuous development and may change from time to time to a reasonable extent. The Platform Operator reserves the right to discontinue provision of the services (or functions within the services) for individual or all Users temporarily or permanently. The Platform Operator will notify Users of changes or restrictions to the services with reasonable advance notice.

(2) The Platform Operator is not liable for loss of data resulting from any technical disruption or discontinuation of services.

(3) The Platform's availability is 98% as an annual average. This excludes periods in which the servers are unavailable due to routine maintenance announced in advance or disruptions beyond the Platform Operator's control.

(4) The Platform Operator endeavours to keep the software up to date, but there is no legal entitlement to this. The Platform Operator may restrict or expand the Platform's functionality at any time.

§ 12 Obligations of Users

(1) Users are prohibited from using the Platform software and services for purposes other than their own personal purposes, in particular for other commercial purposes, without the Platform Operator's express permission, and from:

- introducing or attempting to introduce viruses, Trojans, worms or other malicious code into the Platform, - hacking, manipulating or attempting to hack or manipulate the Platform software, - using scripts and other automatable or partially automatable procedures to use the Platform, - circumventing or attempting to circumvent the Platform's security functions, - renting out the user account or otherwise using it commercially, sublicensing it or otherwise making it available to third parties, unless expressly permitted by the Platform Operator.

(2) The Platform Operator reserves the right to block Users who breach these Terms or where there is good cause. However, the Platform Operator is not obliged to monitor Users' offers or activities and accepts no liability for any damage arising from the blocking of a User.

§ 13 Liability

(1) The Platform Operator accepts no responsibility for supplied data material, advertising copy or related storage media and is, in particular, not obliged to retain or return them. Deletion after the end of the contract takes place in accordance with statutory requirements.

(2) The Platform Operator is liable for defects in quality or title in accordance with the applicable statutory provisions.

(3) In all cases of contractual and non-contractual liability involving intent or gross negligence, the Platform Operator is liable to Users for damages or reimbursement of wasted expenditure in accordance with statutory provisions.

(4) In other cases, unless otherwise provided, the Platform Operator is liable only for breach of a contractual obligation the fulfilment of which is essential to the proper performance of the contract and on compliance with which Users may regularly rely (a so-called cardinal obligation), with liability limited to compensation for foreseeable damage typical of the contract. In all other cases, the Platform Operator's liability is excluded, subject to any provisions to the contrary.

(5) The foregoing limitations and exclusions of liability do not affect the Platform Operator's liability for damage resulting from injury to life, limb or health or liability under the German Product Liability Act (Produkthaftungsgesetz).

(6) Simulation results generated on the Platform are not forecasts for real trading. The Platform Operator accepts no liability for the correctness or accuracy of simulation results, as they serve educational and informational purposes only.

(7) The Platform Operator accepts no liability for recommendations, responses, analyses or other information provided by AI chatbots or other interactive Platform functions. All information generated by AI chatbots is provided solely for general informational purposes and must not be understood as reliable and professional advice. Users should independently verify all information and seek professional advice where appropriate. Any liability of the Platform Operator for actions taken by Users on the basis of information provided by AI chatbots is excluded.

(8) Past (simulated) performance is not a reliable indicator of future results. Users should be aware that historical (simulated) performance does not guarantee future success and that the Platform Operator gives no warranty in this regard.

(9) The Platform Operator accepts no liability for losses suffered by Users when replicating simulated strategies with real money. Users use the Platform and implement simulated strategies at their own risk.

(10) The Platform is not a financial services provider and does not provide investment advice. All information and simulations provided on the Platform serve educational and informational purposes only and must not be understood as investment advice. Users should make independent decisions and seek professional financial advice where appropriate.

(11) The Platform Operator is not liable for damage caused by technical failures of the Platform, including unavailability of the Platform or errors in data processing, insofar as these are not attributable to intentional or grossly negligent conduct by the Platform Operator.

(12) Market data may be delayed or erroneous. The Platform Operator accepts no liability for the accuracy, completeness or currency of the market data provided. Users should be aware that market data are subject to fluctuations and are not always reliable.

(13) The limitations of liability apply correspondingly for the benefit of the Platform Operator's employees, agents and persons engaged in performing its obligations.

(14) Unless expressly agreed otherwise, Users' warranty claims and claims for damages, other than claims in tort, become time-barred within the statutory limitation period.

§ 14 Copyright

(1) The Platform Operator holds the copyright in all images, films and texts that it publishes on the Platform. These images, films and texts may not be used without the Platform Operator's express consent.

(2) Copyright and rights of use in images, films and texts uploaded to the Platform by the User remain with the User. However, the User grants the Platform Operator the right to use, reproduce and publish that content within the Platform to the extent necessary to operate and promote the Platform. Any further use by the Platform Operator requires the User's express consent.

§ 15 Data protection

(1) The Platform Operator may process and store user data uploaded by Users to their user profile and disclose them to third parties to the extent necessary to perform the intermediation services and for as long as it is required by statutory provisions to retain those data.

(2) Users can find further information on data protection in the Platform Operator's Privacy Policy at Privacy Policy.

§ 16 Statutory right of withdrawal for consumers

(1) Consumers who have concluded a contract for consideration by means of distance communication have a statutory right to withdraw from the contract. In this respect, the Platform Operator refers to the instructions on withdrawal below or, where the contract is concluded through an App Store, to the instructions on withdrawal made available in that App Store.

(2) Businesses have no right of withdrawal.

Instructions on withdrawal pursuant to Annex 1 to Article 246a § 1(2), sentence 2 of the Introductory Act to the German Civil Code (EGBGB) Source: Federal Law Gazette (BGBl.) I 2013, pp. 3663–3664

INSTRUCTIONS ON WITHDRAWAL

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us, CapIQ UG (haftungsbeschränkt), Mainstr. 12, 45768 Marl, email: hello@jimiq.app, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the services begin during the withdrawal period, you shall pay us an amount proportionate to what has been provided up to the time you communicate to us your exercise of the right of withdrawal from this contract, in comparison with the full coverage of the contract.

Model withdrawal form (source: Federal Law Gazette (BGBl.) I 2013, p. 3665)

(Complete and return this form only if you wish to withdraw from the contract.)

To CapIQ UG (haftungsbeschränkt), Mainstr. 12, 45768 Marl

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

- Ordered on (*)/received on (*) - Name of consumer(s) - Address of consumer(s) - Signature of consumer(s) (only if this form is notified on paper) - Date

§ 17 Final provisions

(1) The Platform Operator does not participate in dispute resolution proceedings before a consumer arbitration body within the meaning of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).

(2) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. If the User placed the order as a consumer and had their habitual residence in another country at the time of the order, the choice of law in sentence 1 does not affect the application of mandatory statutory provisions of that country.

(3) If the User is a merchant within the meaning of German commercial law (Kaufmann), the exclusive place of jurisdiction is the Platform Operator's place of business. In all other respects, the applicable statutory provisions govern local and international jurisdiction.