Mobile app terms of service
§ 1. Definitions
In these Terms of Service, the following terms are defined as follows:
a. Subscription Fee – a charge for the User’s access to the premium features of the MarketGPT Service.
b. Application or MarketGPT Application – software designed for mobile devices, enabling the use of the MarketGPT Service.
c. App Store – a digital distribution service for applications operated by Apple Inc.
d. Apple – depending on the User’s country of residence, “Apple” refers to:
i. Apple Inc., located at One Apple Park Way, Cupertino, California, for users in North, Central, and South America (excluding Canada), as well as United States territories and possessions; and French and British possessions in North America, South America, and the Caribbean;
ii. Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for users in Canada or its territories and possessions;
iii. iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo for users in Japan;
iv. Apple Pty Limited, located at Level 3, 20 Martin Place, Sydney NSW 2000, Australia, for users in Australia, New Zealand, and their respective island possessions, territories, and affiliated jurisdictions;
v. Apple Distribution International Limited, located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for all other users.
e. Price List – a list of fees and charges associated with the use of the Services.
f. Google – Depending on the User’s country of residence, “Google” refers to:
i. Google Commerce Limited
ii. Google LLC
iii. Google Asia Pacific Pte. Ltd.
as specified at: https://support.google.com/googleplay/android-developer/answer/9306917?hl=en
g. Google Play – a digital distribution service for applications operated by Google.
h. Terms of Service – these Terms of Service, accessible at: https://www.MarketGPT.app/appterms
i. GDPR – The General Data Protection Regulation (Regulation (EU) 2016/679), enacted by the European Parliament and Council on April 27, 2016, concerning the protection of individuals regarding the processing of personal data and the free movement of such data, superseding Directive 95/46/EC.
j. Website – the website located at: https://www.MarketGPT.app/
k. Agreement – the license agreement for the use of the Application.
l. Mobile Device – a portable electronic device that connects to the Internet using wireless technology (4G, 5G, LTE, Wi-Fi) and operates on the iOS or Android system.
m. MarketGPT Service or Service – an electronic service provided by the Service Provider, based on an artificial intelligence model, which generates a list of companies whose stocks are recommended for purchase or sale on a given day.
n. Service Provider or MarketGPT – Dropcatcher.nl B.V., located at Wim Duisenbergplantsoen 31, 6331SE Maastricht, The Netherlands, registered in the Chamber of Commerce (KvK) under number 70251924.
o. User or you – an individual, legal entity, or organizational unit without legal personality but granted legal capacity by law, registered as a user on the App Store or Google Play.
§ 2. General Provisions
1. The Terms of Service govern the use of the MarketGPT Application downloaded from the App Store under the "Apple Media Services Terms and Conditions" or from Google Play under the "Google Play Terms of Service," as well as any agreements entered into through the downloaded Application.
2. If you are an Apple customer as defined by the Apple Terms and Conditions and transact within the MarketGPT Application downloaded from the App Store, Apple, not the Service Provider, is party to the MarketGPT Service agreement. In this case, the agreement is subject to the terms outlined in the Apple Terms and Conditions. Similarly, if you are a Google Play customer as defined by the Google Play Terms and Conditions and transact within the MarketGPT Application downloaded from Google Play, Google, not the Service Provider, is party to the MarketGPT Service agreement. In this case, the agreement is subject to the terms outlined in the Google Play Terms and Conditions.
3. You agree to adhere to all provisions of the Terms of Service and any other agreement templates provided by MarketGPT, which you have had the opportunity to review.
4. Prior to entering into the Agreement, the Service Provider will provide you with the Terms of Service and all applicable agreement templates related to the MarketGPT Service.
5. You are solely responsible for any irregularities in the functioning of the MarketGPT Service resulting from your actions or omissions, including incorrect use of the Service or integration with external software of your choice. You are liable for rectifying any such irregularities.
§ 3. Conclusion of the MarketGPT Service Agreement
1. You may enter into an agreement for the MarketGPT Service through the Application by following the instructions provided within the Application.
2. The MarketGPT Services may be offered on a subscription basis, with monthly access to the Service's features subject to a Subscription Fee. The Service automatically renews for the same duration as the initial period unless you cancel the subscription at least 24 hours before its renewal. To prevent automatic renewal, you should follow the cancellation instructions at https://support.apple.com/en-us/HT202039 for Apple and https://support.google.com/googleplay/answer/7018481 for Google Play.
3. An Agreement between you and the Service Provider is formed upon selecting a Subscription Fee payment method (by clicking the “Order with obligation to pay” button) or on the first day of the renewed Subscription Fee period. Following the Agreement's conclusion, the Service Provider will confirm the Agreement via email. Withdrawal from or termination of the Agreement is governed by the Apple Terms and Conditions or the Google Play Terms and Conditions and requires simultaneous withdrawal from or termination of your agreement with Apple or Google.
4. Access to the paid features of the MarketGPT Application is granted upon the Service Provider's receipt of the Subscription Fee. The Service Provider is considered to have received the Subscription Fee once the payment is credited to the Apple or Google bank account.
5. The paid features of the MarketGPT Service are made available to you immediately upon payment.
§ 4. Subscription Fee Charges
1. The fees for the MarketGPT Service are set according to the Price List available in the Application, valid at the time of ordering the Service, unless otherwise stated in the Terms of Service, Google Play Terms and Conditions, or Apple Terms and Conditions.
2. MarketGPT reserves the right to modify the fees for its Services. However, any fee changes during the term of the MarketGPT Service Agreement will not affect the fee amount set on the order date. Each renewal of the Service is considered a new agreement and is subject to the fees from the Price List valid on the renewal date.
3. You are responsible for all costs associated with the fee, including bank transaction costs, electronic payment fees, and currency exchange fees as specified in the Price List.
4. The Subscription Fee is collected at the start of the chosen Service period and at the beginning of each renewal period. More information is available at https://support.apple.com/en-us/HT202039 and https://support.google.com/googleplay/answer/7018481.
5. The Service Provider does not impose additional fees for using various payment methods for the Subscription Fee.
6. To request a VAT invoice, you should follow the instructions provided by the App Store or Google Play operator associated with the Application.
§ 5. Technical Conditions for Using the MarketGPT Application
1. To use the Application properly, you need:
a. an Internet connection,
b. a mobile device with the iOS or Android operating system (meeting the requirements specified in the App Store or Google Play),
c. the MarketGPT Application downloaded and installed on your device.
2. Downloading and using the MarketGPT Application may incur charges from third parties, such as mobile operators or Internet service providers. The Service Provider is not responsible for these charges.
§ 6. Liability
1. MarketGPT is liable for non-performance or improper performance of the MarketGPT Service in accordance with applicable laws or the provisions defined in these Terms of Service, unless such non-performance or improper performance is due to force majeure or reasons attributable to you, such as non-compliance with the Google Play Terms and Conditions, Apple Terms and Conditions, or these Terms of Service, or due to your unlawful actions.
2. Subject to mandatory Dutch law and the content of these Terms of Service, the Service Provider's liability for the MarketGPT Service provided to you is limited to the amount of the actual loss and, together with liability for contractual penalties, will not exceed the amount you paid for the MarketGPT Service in the last 12 months before the damage occurred. If the MarketGPT Service was provided for a shorter period, this limitation applies to the actual period of service provision. The Service Provider's liability for loss, along with liability for contractual penalties, will not exceed the value of a one-time fee if applicable for the MarketGPT Service. This limitation of liability does not apply to Consumers.
3. The Service Provider is committed to providing the MarketGPT Services with due diligence. However, subject to the provisions of these Terms of Service, the Service Provider shall not be liable for:
a. Permanent or temporary inability to provide the Service due to force majeure or other circumstances for which it is not liable under Dutch law,
b. Lost profits, which does not apply to Consumers,
c. Inability to provide the Service due to third-party actions through which the Service is provided,
d. Consequences of improper use of the Service,
e. Consequences of your violation of the Terms of Service, Google Play Terms and Conditions, or Apple Terms and Conditions,
f. Consequences of sharing content with third parties through the Service.
§ 7. Responsibilities of the User and the Service Provider, and Restrictions
1. The Service Provider is obligated to provide the Services with due diligence and in compliance with the provisions of these Terms of Service and applicable laws.
2. You are obliged to act in accordance with these Terms of Service, Google Play Terms and Conditions, or Apple Terms and Conditions, and to respect applicable laws, including timely payment of the Subscription Fee.
3. You assure that your use of the MarketGPT Services will not violate any laws or third-party rights, including copyright, industrial property rights, or trade secrets. If a third party makes a claim against the Service Provider due to such violations, you are obligated to compensate the Service Provider for any damages or necessary and objectively justified costs incurred in defending its interests.
4. You assure that any materials or content you send using the MarketGPT Service will not contain malicious software that could disrupt the Service or the Service Provider's infrastructure or affect other Users' use of the MarketGPT Services.
5. Without the Service Provider's prior written consent, you may not use the MarketGPT name or other identifiers of the Service Provider or the MarketGPT Service for any purpose.
§ 8. Validity of the MarketGPT Service Agreement
1. You may terminate the MarketGPT Service Agreement at any time, effective at the end of the billing period, by following the instructions at https://support.apple.com/en-us/HT202039 for Apple, and https://support.google.com/googleplay/answer/7018481 for Google. Disabling automatic subscription renewal constitutes notice of termination.
2. The Service Provider may terminate the Agreement or suspend the provision of the MarketGPT Service with immediate effect in case of any breach by you of the Terms of Service.
3. The Service Provider may terminate the Agreement at any time, effective at the end of the billing period covered by the Subscription Fee, without providing a reason.
§ 9. Complaint Handling Procedure
1. In the event of non-performance or improper performance of the MarketGPT Service, you may submit a written complaint via postal service to the Service Provider's address or via email to the provided contact email address.
2. The complaint should include the following information to be considered valid; otherwise, you will be asked to supplement it:
a. Your details for identification and response,
b. The specific Service to which the complaint pertains,
c. The nature of your objections,
d. The circumstances justifying the objections,
e. Your requests related to the presented situation,
f. A document confirming authorization if the complaint is submitted by an authorized representative.
3. The Service Provider will address a written complaint that meets the above requirements within 14 days of receipt. The Service Provider will inform you or your authorized representative of its decision, including the rationale, at the address provided in the complaint. The time for supplementing the complaint is not included in the response period.
4. For Entrepreneurs, lodging claims against MarketGPT requires first following the complaint procedure. Entrepreneurs must submit complaints to the Service Provider within one month from the date of the event giving rise to the complaint. Complaints submitted after this deadline will not be considered and will not fulfill the complaint procedure requirement.
§ 10. Maintenance Breaks
1. The Service Provider strives to ensure the proper and uninterrupted operation of the MarketGPT Service and Application. However, due to the complexity of the Service and external factors beyond the Service Provider's control, errors and technical failures may occur. In such cases, the Service Provider will take all reasonable steps to minimize the impact of such events.
2. In addition to breaks caused by errors and technical failures, maintenance breaks may be scheduled for Service development and security measures.
3. The Service Provider will schedule maintenance breaks to minimize inconvenience, preferably during off-peak hours and for the shortest necessary duration.
4. The Service Provider will notify Users of planned maintenance breaks and other Service limitations at least 24 hours in advance.
5. The Service Provider is not liable for damages or unfulfilled obligations resulting from maintenance breaks and failures as described in this section. Liability for errors and technical failures is excluded, except for culpable acts or omissions by the Service Provider, and any liability towards Consumers is limited as per these Terms of Service.
§ 11. Intellectual Property Rights
1. The economic rights to the Application, the software used within the MarketGPT Application, and other intellectual property rights, including domain names, designs, forms, and logos, belong to the Service Provider and may only be used with the Service Provider's consent.
2. The Service Provider holds exclusive rights, including database rights, to the data and indexes published or made available through the Application.
3. Without the Service Provider's prior written consent, you may not copy, modify, or delete any part of the Application, its content, or functionality, nor use it in any manner other than as specified in these Terms of Service or for its intended purpose.
4. You are not authorized to translate, adapt, alter the layout, or make any changes to the software on which the Application is based, including its source code.
5. Except for the intended use of the Application, you are not permitted to:
a. Use the content of the Application for commercial or professional purposes;
b. Incorporate other works into the content of the Application.
6. Under the Agreement, the Service Provider grants you a paid, revocable, non-transferable, non-sublicensable, and non-exclusive license to use the MarketGPT Application solely for its intended purpose and for the duration of your use of the MarketGPT Service. This license includes the right to temporarily reproduce the software on which the MarketGPT Application is based by displaying and using it. The license fee is included in the Subscription Fee.
7. The Service Provider also grants a license to use documentation related to the software to the extent necessary for using the software. This license includes the right to:
a. Record and reproduce the documentation, create copies using specific technologies, including printing, reprography, magnetic recording, and digital technology;
b. Copy documentation within systems and across networks.
8. As the provider and manager of the MarketGPT Application, the Service Provider is responsible for its development and may make modifications to its functionality (including deletion, alteration, or expansion of functions) without your consent.
§ 12. Privacy and Protection of Personal Data
Information regarding the protection of your personal data, fulfilling the informational obligation referred to in Article 13 of the GDPR, is provided in the Privacy Policy and Cookies, which is an integral part of these Terms of Service.
§ 13. MarketGPT Service
1. The Service Provider permits you to use the MarketGPT Service under the terms and conditions set out in these Terms of Service.
2. The MarketGPT Service may be provided free of charge, which may exclude some functionalities. Full access to the MarketGPT Service is available upon payment of the Subscription Fee in accordance with these Terms of Service.
3. The MarketGPT Service is accessible 24/7, except during maintenance or troubleshooting periods, and can be used via the MarketGPT Application.
4. Use of the MarketGPT Service in the free version is possible by downloading the Application from the App Store or Google Play and installing it on your Mobile Device. Use of the paid version of the MarketGPT Service requires downloading the Application, installing it on your Mobile Device, and paying the Subscription Fee.
5. The MarketGPT Service provides daily stock market recommendations based on an advanced artificial intelligence model. These recommendations are intended as guidance for your investment decisions but do not constitute financial advice. You are responsible for your own investment decisions, and the Service Provider shall not be liable for any loss or damage resulting from decisions made based on the MarketGPT Service.
6. The data, information, and content provided by the MarketGPT Application are for informational purposes only and do not constitute financial advice or guarantee any specific results, returns, or profits. The output data is generated through machine learning based on historical data and is not tested, verified, or endorsed by the Service Provider. It does not guarantee its accuracy, completeness, timeliness, or usefulness for your purposes. The model does not guarantee or predict future results.
7. The Service Provider ensures that the data used for the development of artificial intelligence within the MarketGPT Service, including training, validation, and testing, has been and will be managed appropriately for its intended use.
8. The Service Provider informs you that the stock market is characterized by volatility and unpredictable fluctuations, which can significantly affect investment performance. Past performance, whether actual or indicated by historical testing of strategies or indicator methods, does not guarantee future performance or success. Therefore, the MarketGPT Application is only a guide to a particular course of action that you may consider when making investment decisions. You should make decisions based on your own opinions, experiences, and predictions or seek the advice of a qualified financial professional before making any investment decisions. You should independently review and verify the information the MarketGPT Application provides for its suitability for your investments. The Service Provider shall not be liable for any decisions you make based on information from the MarketGPT Application. You are solely responsible for your investment decisions.
9. The MarketGPT service does not constitute a recommendation prepared based on the User's needs and situation regarding the purchase or sale of one or more financial instruments, or performing any other action causing equivalent effects involving financial instruments, or a recommendation to refrain from performing such an action within the meaning of Article 9 of Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to the organizational requirements and business conditions of investment firms and the concepts defined for the purposes of that Directive and Article 76 of the Act of July 29, 2005 on trading in financial instruments.
§ 14. Notifications in the Mobile Application
The Service Provider may send notifications to your Mobile Device via the Application, including marketing notifications, information about stocks, reminders about the beginning and end of the trading session, and the results of stock transactions for a given day, among others.
§ 15. Other Provisions
1. MarketGPT reserves the right to amend these Terms of Service or to publish new Terms of Service in the following cases:
a. Changes in the law, including consumer protection provisions,
b. Changes introduced in the Terms and Conditions of Google Play and the App Store,
c. Changes in the technical conditions of providing the Service,
d. Changes in the terms and prices of services provided by third parties to the Service Provider, which are necessary for the provision of the Services,
e. Changes in the range of Services provided,
f. Organizational changes or legal transformations of the Service Provider, including changes in the ownership structure of the Service Provider.
2. Changes to the Terms of Service become effective upon the publication of the new content on the Website. Agreements concerning the Services concluded before the change in the Terms of Service will be performed under the previous terms and conditions.
3. The Service Provider may correct minor typographical and editorial errors in the Terms of Service at any time. Such corrections do not constitute a change to the Terms of Service as referred to in clause 1 above and become effective upon publication of the corrected content. Agreements concerning the Services concluded before the correction will be performed under the new terms and conditions.
4. Entering into a new agreement regarding the Services after a change to the Terms of Service is possible only after you accept the new content of the Terms of Service, which is available on the Website.
5. The provisions of these Terms of Service shall be applied with consideration for binding rules that regulate legal relations with Consumers.
6. For matters not settled in these Terms of Service, the Google Play Terms and Conditions, or the Apple Terms and Conditions, the laws of the Netherlands shall apply.
7. The Service Provider's contact details are available in the Contact section on the Website.
8. These Terms of Service are effective as of January 1, 2023.