We, Capitalyse, offer Software as a Service (SaaS) solutions to our users (You) through our Capitalyse web-application. Meaning we offer access to this web-application which we developed, through the internet. The following contains the Terms of Service that apply to the use of the Web App.
Capitalyse’s address is Hillegommerdijk 374H, 2144KT in Beinsdorp, Our website https://www.capitalyse.app/ (Website) and our Web App is https://www.my.capitalyse.app/ (Web App)
We have the right to change these Terms and Condition from time to time. You agree that always the latest version of these Terms and Conditions will apply. Differing Terms and Conditions only apply for You if accepted by us in writing.
If you have any questions about these Terms and Conditions of the Web App, do not hesitate to contact us (capitalyseapp@gmail.com).
These Terms of Service apply to every single agreement between Capitalyse and You. On request you can receive these Terms of Service from us free of charge, or alternatively you can always view them on our Website.
If any part of these terms and conditions or the agreement to which they apply is void or voidable, that does not change the validity of the rest of these terms and conditions or the agreement to which they apply. The void or annulled part shall be replaced by a provision that follows as closely as possible the content of the void provision.
If you do not agree with any of these terms, you are prohibited from using or accessing the Web App and Website.
You may only create a personal account for yourself. You may not give others access to (a back-up copy of) the Web App.
You must keep your account details and password strictly confidential. You are liable for all actions taken after logging in with the account details and password. You are not liable for these actions if you have timely notified us that another person knows the password of a personal account.
You yourself are responsible for the technical operation and maintenance of your internet connection, internal network and all your other IT systems for the use of our Web App.
We reserve the right to block a personal account. We will do so if we have reasonable suspicion that one or more personal accounts are in breach of the Dutch law, the law of Your country of residence, or this Agreement. In addition, we retain the right to attach other consequences to such use.
Using our Web App, it’s possible for you to easily navigate different insights, analyses and visualisations of your data. Our Web App provides you with numerical and textual information to give you insights into your different data sources. The information we use for these services come from different external sources and/or the provided data by You. You are responsible for the accuracy and completeness of the data You enter in the Web App.
Capitalyse is not an advisor or financial advisor and does not give fitness advice, health advice, financial advice, any other form of advice about buying or selling financial products or making any financial decisions. Our Web App and the information we provide are not meant to be used for financial decisions. It does not take into account any personal circumstances or form any sort of recommendation about the right investment strategy for you as an investor. It is your responsibility what you do with the data and insights provided by Capitalyse.
Capitalyse does not buy or sell financial products on the stock market. As Capitalyse provides general investment information, is not an investment institution and is not a personal investment adviser, because of this it is not supervised by the Dutch Authority for the Financial Markets (AFM) and/or De Nederlandse Bank.
To use our Web App’s premium features, you enter into an agreement with us (Subscription). The duration of the Subscription (Subscription Period) is agreed upon during the sign-up procedure. The Subscription starts from the date as agreed during the sign-up procedure (Start Date).
If you have opted for a Subscription Period of 1 month, the duration of the Subscription is to be calculated from the Start Date. After the end of this Subscription Period , the Subscription will be renewed tacitly, each time for the period of 1 month. If you have opted for a Subscription Period of 1 year, the duration of the Subscription is to be calculated from the Start Date. After the end of this period, the Subscription is tacitly renewed, always for the period of 12 months.
You may cancel the Subscription within 14 days after conclusion without giving any reason. If you have made a payment to us within these 14 days, we will refund this payment to the bank account or bank details you have specified by letting us know via email (capitalyseapp@gmail.com) that you wish to be refunded.
You can cancel your Subscription before the end of the Subscription Period. Termination can be done via your subscription management portal service provided by Stripe or by sending us an email (capitalyseapp@gmail.com)
The price of our services include VAT (Value added taxes). We reserve the right to always be able to change our pricing. The price change will take effect at least 30 days after its announcement.
If you have already taken out a Subscription with us, price changes will not be implemented during the Subscription Period. During the Subscription Period, you will continue to pay the initial agreed price. Upon (automatic) renewal of your Subscription, the price change will take effect.
To use our Web App’s premium features, you must provide us with a valid means of payment. We will debit the amount for use of the Web App monthly or annually around the day your Subscription commenced through your means of payment.
If you fail to meet your payment obligation on time, you will automatically be in default. Your personal account’s premium features will then be deactivated until you fulfill your payment obligation again.
We reserve the right to modify the Web App and change, remove or add certain features or functionalities of the Web App.
We do not guarantee that the operation of the Web App will be error-free. Please notify us immediately if the Web App has a fault, such as an error message or failure of any functionality of the Web App. You can do this by contacting us at: capitalyseapp@gmail.com . We will then do our best to resolve the fault as quickly as possible.
You indemnify us against all claims by others due to the data you have stored, collected or processed using the Web App. We are not liable for the content of the data you have stored, collected or processed within the Web App.
Capitalyse is not liable for any damage or other adverse consequences resulting from the use or inaccessibility of (information on) our Website or Web App. All actions you perform on the basis of our Website and/or Web App or the information provided by us are for your own account and risk. No agreement between Capitalyse and You can therefore be established on the basis of such errors or outdated information. While we make every effort to maintain and make the software available to you, it is provided "as is" and we do not warrant that it will operate uninterrupted or error-free and we are not responsible for the results of any actions taken in reliance thereon.
You should be aware that both positive and negative results are possible with investing. Capitalyse does not guarantee that you will achieve certain results. Capitalyse is in no way liable for your investment results. You are fully responsible for the results of your investment portfolio and you can never hold Capitalyse liable for any damage or loss whatsoever.
Capitalyse will always make an effort to keep the information on the Web App as correct and complete as possible. However, we do not guarantee the correctness and completeness as Capitalyse depends on third parties for some of the information. You use the Web App at your own risk and responsibility. Information may contain errors or be out of date due to the constantly changing market. No one can derive any rights whatsoever from this.
Capitalyse also accepts no liability for files linked to the Web App or for references on our Website and Web App to third-party websites. The inclusion of any link to external sites does not imply endorsement by Capitalyse of the site unless specifically said so.
We are not liable for damage caused by incorrect use of the Web App.
We undertake to ensure careful storage of the data originating from you. We are not liable for the damage or loss of data stored with us or with third parties.
If we are nevertheless liable, our liability is always limited to a maximum of Your subscription amount for over a period of 1 subscription year.
The limitations of liability contained in this article do not apply if the damage is due to intent or gross negligence on our part. We are only liable for your direct damage, which is directly and exclusively the result of a shortcoming by us towards you.
We are not liable if we cannot fulfill the agreement with you due to force majeure. This also applies if you cannot fulfill the agreement due to force majeure. If the force majeure lasts longer than 1 month, you can cancel your Subscription in writing. In this case, there is no right to compensation. We will send you an invoice for the (as yet unpaid) period you used the Web App.
We (or our licensors or suppliers) are exclusive owners of all existing and future intellectual property rights, such as copyrights, trademark rights, design rights, patent rights, source code and know-how, resting on or arising from the Web App.
You only get the right to use the Web App. You cannot claim the intellectual property rights mentioned in article 10.1. The right to use the Web App is not exclusive and you may not transfer or license the right to use the Web App. All information provided by us is for individual use only.
We are obliged to keep all your confidential information confidential. By 'confidential information' we mean any information which you have indicated is confidential or which it follows from the nature of the information. In any case, the following is confidential information: (i) information relating to research and development, trade secrets or business information; and (ii) personal data as referred to in the General Data Protection Regulation.
These terms shall be governed by and construed in accordance with the laws of the Netherlands and you irrevocably submit to the exclusive jurisdiction of the courts in that country.