Legal
Terms and conditions
This is a translation for convenience. The German version (AGB) is legally binding.
In short: Basic is free. Pro is a subscription you can cancel monthly, effective at the end of the month. Lifetime is bought once and used without time limit. Market data from Rithmic or dxFeed is not included. Depthwise is a tool, not investment advice.
§ 1 Scope and provider
(1) These terms apply to all contracts for the use of the “Depthwise” software (the “Software”) between [Full name or company name incl. legal form, address] (“we”) and you as the customer.
(2) A consumer is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code, BGB). A business is any natural or legal person acting in the exercise of their trade, business or profession (§ 14 BGB).
(3) Conflicting terms of the customer apply only if we expressly agree to them in writing.
§ 2 Conclusion of contract
(1) The plans shown on our website are not a binding offer but an invitation to order.
(2) By clicking the order button [exact label, e.g. “Subscribe and pay”] you submit a binding offer. The contract is concluded when we confirm the order by email or activate your license key.
(3) The contract languages are German and English. We store the contract text and send it to you in text form with the order confirmation.
§ 3 Services
(1) For the term of the subscription we grant you the right to use the Software with the modules included in the plan you booked (Basic, Pro or Lifetime). The scope of features follows from the plan description on our website at the time of ordering.
(2) The Software runs on Windows 10 and 11. It requires an internet connection, which is established regularly to verify the license.
(3) Market data and broker access are not part of our service. Connections to Rithmic, dxFeed, Binance or other providers require your own contracts with those providers. Those providers alone are responsible for their availability, content, cost and data quality.
(4) During the term we provide updates required to keep the Software in conformity with the contract (§ 327f BGB). We may also develop the Software further, provided the agreed core features are retained and the change is reasonable for you.
§ 4 Plans
(1) Basic is free and can be used without time limit. We may discontinue or restrict the free plan with four weeks’ notice.
(2) Pro is a paid subscription billed monthly or yearly (§ 6).
(3) Lifetime is a license paid once, without time limit (§ 6 (3)). It includes software updates for 12 months from purchase. After that you can keep using the last version you received without time limit.
(4) There is no free trial for Pro or Lifetime.
§ 5 Prices and payment
(1) The prices shown on the website at the time of ordering apply. All prices for consumers include statutory VAT.
(2) For subscriptions, fees are payable in advance for each billing period (month or year). Lifetime is payable in full when the contract is concluded. Payment is processed by [payment provider, e.g. Stripe or Paddle] via [payment methods].
(3) We announce price changes for running subscriptions in text form at least six weeks before they take effect. They apply only if you agree. If you do not agree, either party may cancel the subscription effective on the date of the change.
§ 6 Term and cancellation
(1) Monthly plan: term of one month, renewing for one month at a time unless cancelled by the end of the current month.
(2) Yearly plan: initial term of one year. After that it continues indefinitely and can be cancelled at any time with one month’s notice. We refund any overpayment pro rata.
(3) Lifetime: unlimited in time. No cancellation is needed. The right to terminate for good cause under paragraph 5 remains unaffected.
(4) You can cancel a subscription at any time in your customer account or via the button [“Cancel contract here” – link to cancellation page] (§ 312k BGB). You can also cancel by email to info@depthwise.de.
(5) Either party’s right to terminate for good cause remains unaffected. Good cause for us includes in particular sharing license keys or using the Software contrary to § 7.
§ 7 Rights of use
(1) You receive a simple, non-transferable right – for the term of a subscription, or without time limit for Lifetime – to use the Software on up to [number] devices for your own purposes.
(2) You may not pass the Software or license keys on to third parties, rent them out, circumvent the license check, or modify, decompile or reverse engineer the Software except where § 69e of the German Copyright Act mandatorily permits it.
(3) Indicators and recordings you create with the Software belong to you.
§ 8 No investment advice, risk
(1) The Software is a tool for displaying and analyzing market data and for sending orders to your broker. We do not provide investment advice, brokerage or asset management.
(2) You make all trading decisions yourself and at your own risk. Trading futures and cryptocurrencies can result in total loss. Results from simulation and replay do not indicate future profits.
(3) Risk limits and similar features are aids. You are responsible for configuring them correctly and for monitoring your positions with your broker as well.
§ 9 Warranty
(1) For consumers the statutory warranty rights for digital products apply (§§ 327 et seq. BGB).
(2) For businesses we remedy defects at our choice by repair or by providing a new version. Warranty claims of businesses become time-barred after one year, except in the cases of § 10 (1).
(3) Disruptions caused by data providers, brokers, your internet connection or your system are not defects of the Software.
§ 10 Liability
(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.
(2) For slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract. Essential obligations are those whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely.
(3) Otherwise liability for slight negligence is excluded. This applies in particular to trading losses and lost profits unless they fall under paragraph 1 or 2.
§ 11 Right of withdrawal for consumers
Withdrawal policy
Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us ([name, address], info@depthwise.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient to send your communication before the withdrawal period has expired.
Effects of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw. We will use the same means of payment 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 the service to begin during the withdrawal period, you shall pay us an amount proportionate to what has been provided until you informed us of your withdrawal, compared with the full coverage of the contract.
Early expiry for Lifetime. Lifetime consists of digital content not supplied on a tangible medium. Your right of withdrawal expires once we have begun performance (activation of the license key), after you expressly consented to us beginning before the end of the withdrawal period, acknowledged that you thereby lose your right of withdrawal, and we provided you with the contract including this confirmation in text form (§ 356 (5) BGB).
Model withdrawal form
If you wish to withdraw from the contract, please complete and return this form.
To [name, address], info@depthwise.de:
I/We hereby give notice that I/we withdraw from my/our contract 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: ______
§ 12 Changes to these terms
We announce changes to these terms in text form at least six weeks before they take effect. They become part of the contract only with your consent. If you do not agree, the previous terms continue to apply and either party may cancel the subscription effective on the date of the change.
§ 13 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the country of their habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is [city of registered office].
(3) If any provision of these terms is invalid, the remainder of the contract remains valid.
(4) For consumer dispute resolution see our imprint.