Terms of use of the Neoland platform

Neoland Platform Operator:

Sub Capitals GmbH

c/o Strascheg Center for Entrepreneurship

Heßstraße 89
80797 München
Deutschland

1. Scope of application

a) The following Terms of Use/General Terms and Conditions apply to all services, offers and services ("Services") provided by Sub Capitals GmbH ("Sub Capitals") free of charge within the framework of the "Neoland" platform.

b) Terms of use of Sub Capitals' contractual partners ("Users") that conflict with or deviate from these Terms of Use shall only be valid if Sub Capitals expressly agrees to them in writing. The validity of individual agreements between the User and Sub Capitals shall remain unaffected.

c) Users must have reached a minimum age of 18 years and be resident in the territory of the Federal Republic of Germany in order to use the offered service.

d) Sub Capitals reserves the right to amend these GTC, will inform the Users thereof and provide them with the respective applicable GTC in a suitable form for permanent storage. 

2. Services and performances of the Sub Capitals

a) Sub Capitals provides the users free of charge with an internet and browser-based industry solution for investing by means of an artificial intelligence (AI) based on play money called "Neoland Platform".

b) Sub Capitals reserves the right to discontinue the entire service of the Neoland Platform or individual functions at any time and without stating a reason.

c) Sub Capitals offers the Neoland platform for trading with play money (NEOEURO) based on its artificial intelligence. This is intended to support users in getting to know the topic of automation through AI in the investment process. Users can select a desired personalized artificial intelligence from Sub Capitals during registration. Following registration, users receive a fixed capital from Sub Capitals in the form of a fictitious currency (currently 3000 NEOEURO). Depending on the selected personalization, the AI will then invest this fictitious sum on the financial market and the user can view the performance in his personalized dashboard.

d) The artificial intelligence of Sub Capitals is operated on private securities accounts. The resulting performance is shown with deduction of all transaction fees incurred by the broker and thus represents a real "account balance". Thus, a realistic account balance is simulated for the "user" in the case of trading with real money using the AI. A deduction of user fees accruing at a later point in time due to the real money operation (on the part of Sub Capitals) and the deduction of capital gains tax as well as other taxes is not taken into account in the representation.

e) By using the Neoland platform, the user is able to view the performance of the AI not only through the dashboard, but also to download a transaction history. The User can view the trades made by the AI on the basis of his personalization simulated trades through trading reports provided to him electronically. The period of the provided reports is determined by Sub Capitals in its sole discretion.

f) Sub Capitals is neither a bank nor a licensed portfolio manager according to the regulations of BaFin. Sub Capitals does not adopt trading decisions initiated by the AI or market trends derived from them as its own statements or investment recommendations. Sub Capitals does not guarantee a successful representation of trading activities, let alone a positive performance. No guarantee or warranty is given. Sub Capitals is not liable for the use of the data provided. 

3. Rights and obligations of the user

a) The use of the Neoland platform requires the registration as a user. There is no entitlement to participation. Sub Capitals will only reject applications for participation for factual reasons (e.g. risk of abuse). Only natural persons are entitled to register as Users. It cannot be ruled out that incorrect contact and other data has been entered for a user account. Sub Capitals does not regularly check the identity of users. In case of substantial indications of identity fraud or other misuse of the account (e.g. in the form of use contrary to the contract), Sub Capitals is entitled to temporarily block and/or delete the account. Sub Capitals will, if possible, give the User the opportunity to comment in advance and will implement the measure (blocking/deletion) at its reasonable discretion, taking into account the interests of the User concerned.

b) The user undertakes to provide truthful information about his/her personal data and circumstances when registering and using services and to keep this data up to date. Each user may only register once for a service. In the event of an exclusion, the affected user may not register again.

c) The User shall not misuse the services and performances of Sub Capitals. Illegal actions are to be refrained from. Users must protect their access data from access by third parties and not make it accessible to them.

d) The commercial use of the given financial market insights and the provided data is prohibited in any respect.

e) The users are not entitled to an OWN artificial intelligence, here it is in all cases a more precise specialization of the Sub Capitals AI.

f) The self and freely invented chosen play money NEOEURO, is in no way a state-regulated currency by definition. This is a pure fantasy name and there are no real assets behind it.

g) Users are prohibited from performing reverse engineering with the transaction history reports provided. In particular, it is prohibited to use the provided data commercially to model one's own investment strategy, let alone to train one's own artificial intelligence to be used commercially. For each individual breach by the User of the obligations under this provision (section 3 g) of the Agreement, Sub Capitals shall be entitled to demand payment by the User of a contractual penalty in the amount to be determined by Sub Capitals in its reasonable discretion and, in the event of a dispute, to be reviewed by the competent court. The principles of continuation of the contract are excluded. The payment of the contractual penalty shall not preclude the assertion of a claim for injunctive relief or damages in excess thereof upon corresponding proof. The contractual penalty shall be offset against any possible damages. This shall not affect the right of the User to prove a lesser damage. 

4. Collection, storage and disclosure of data

Sub Capitals collects, transmits, stores and uses the User's personal data within the scope of the statutory provisions in accordance with Sub Capitals' Privacy Policy. The privacy policy of the Sub Capitals can be found at https://neoland.ai/datenschutz. The User agrees to the Privacy Policy and the powers granted by it to Sub Capitals. 

5. Rights of Sub Sapitals

In the event of a violation or reasonable suspicion of a violation of the Terms of Use, Sub Capitals is entitled to temporarily or permanently exclude the respective User from use by blocking or deleting his/her account and, if applicable, to immediately delete the content used by or addressed to him/her. Sub Capitals shall send the User a reminder with a reasonable deadline before excluding the User, unless the violation is so serious that Sub Capitals cannot reasonably be expected to continue the usage relationship. The provisions in section 3 a) shall remain unaffected. 

6. Liability of Sub Capitals

a) The liability for damages to life, body and health, as well as damages from the violation of an essential contractual obligation, which are based on a negligent breach of duty of Sub Capitals or its representatives or vicarious agents, shall not be excluded, as well as for other damages which are based on an intentional or grossly negligent breach of duty of Sub Capitals or representatives or vicarious agents of Sub Capitals.

b) Any liability beyond the cases of letter a. is excluded.

c) Furthermore, Sub Capitals shall not be liable for damages caused by force majeure, riots, acts of war and natural disasters or other events beyond its control. 

7. Applicable law, place of jurisdiction, severability clause

a) The legal relationship between Sub Capitals and the User shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

b) If the User is a businessman or businesswoman within the meaning of commercial law, a legal entity under public law or a special fund under public law, then the registered office of Sub Capitals shall be the agreed place of jurisdiction. The same shall apply if the User does not have a general place of jurisdiction or residence in Germany or if the usual place of residence is not known at the time the action is filed.

c) Should any provision of these Terms of Use/General Terms and Conditions be or become invalid or should these TERMS OF USE contain a gap that needs to be filled, this shall not affect the validity of the remaining provisions. The ineffective provision or the gap shall be replaced by an effective provision that comes closest to the economic interest of the parties and that would have been agreed by the parties if they had known that the provision was ineffective.

As of: May 11, 2021

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