Terms & Conditions – Pure Logic Society Ltd.

These General Terms and Conditions ("T&C") apply to all legal transactions between DowHow Trading UG (haftungsbeschränkt) and you as our customer. The sale of all products is processed via the ClickFunnels platform operated by Etison LLC.

§ 1Scope of Application

(1)

These General Terms and Conditions (hereinafter: "T&C") apply to all legal transactions between us,

DowHow Trading UG (haftungsbeschränkt)
Europaring 4
94315 Straubing, Germany

Managing Director: Markus Gabel
Register Court: Local Court (Amtsgericht) Straubing
Registration Number: HRB 12487

(hereinafter: Seller) and you as our customer. The T&C apply irrespective of whether you are a consumer, an entrepreneur, or a merchant.

(2)

All agreements made between you and us in connection with the purchase contract arise in particular from these sales terms, our written order confirmation, and our declaration of acceptance.

(3)

These T&C apply accordingly to contracts for the supply of digital content, unless otherwise provided. Digital content within the meaning of these T&C means data that is created and supplied in digital form.

(4)

These T&C apply accordingly to contracts for the supply of license keys, unless otherwise provided. The Seller owes the provision of a license key for the use of the digital content or digital services described (hereinafter "digital products"), as well as the granting of the contractually agreed rights to use them. The customer does not acquire any intellectual property in the digital product. The respective product description is decisive for its characteristics.

(5)

A consumer within the meaning of § 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

(6)

An entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business, or profession.

(7)

The sale of all products is processed via the online platform www.clickfunnels.com operated by Etison LLC.

Etison LLC (dba ClickFunnels)
3443 West Bavaria Street
Eagle, ID 83616, USA

Accordingly, the terms and conditions of Etison LLC apply to the use of the online platform as well as to the initiation and conclusion of the contract for all legal transactions between Etison LLC and the customer who uses the offers provided via ClickFunnels.

(8)

The version of the T&C valid at the time the contract is concluded shall be decisive.

(9)

We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.

§ 2Conclusion of Contract

(1)

The presentation and advertising of items on our website www.dowhowtrading.com does not constitute a binding offer to conclude a purchase contract, but rather serves to enable the customer to submit a binding offer.

(2)

An order is placed by selecting the respective product on www.dowhowtrading.com, carrying out the following steps:

(a)

Select a product via the various tabs of the menu navigation. This takes you to the subpage of the selected product.

(b)

Each product offered is presented on its own subpage, which contains all information, contents, and the purchase price.

(c)

If you wish to proceed to the payment page, click on "Sign up now" or "More information."

(d)

This takes you to the checkout page operated via ClickFunnels. The entire ordering process is handled via the online platform operated by Etison LLC. Here you enter the personal data required for processing and select your desired payment method.

(3)

The following payment methods are available: credit card, SEPA, instant bank transfer (Sofortüberweisung), or PayPal.

(a)

If you select a PayPal payment method, processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the applicable PayPal Terms of Use. Where a PayPal method is selected during the online ordering process, the Seller declares acceptance of the customer's offer at the moment the customer clicks the button completing the ordering process.

(b)

If credit card (Visa/Mastercard) is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the respective credit institution.

(c)

If "SOFORT" is selected, processing is carried out via SOFORT GmbH, Theresienhöhe 12, 80339 Munich. The customer must have an activated online banking account, legitimize themselves during the payment process, and confirm the payment instruction. Further information at klarna.com/sofort.

(4)

Before completing the order, the customer expressly consents, by selecting the checkbox, that the Seller begins performance of the contract before expiry of the withdrawal period. As a result, the customer loses the right of withdrawal before expiry of the withdrawal period.

(5)

By clicking "Buy now," the customer submits a binding offer to conclude a purchase contract.

(6)

After the order process has been successfully completed, the customer receives an order confirmation containing an overview of the purchase details and all required documents. Otherwise, the contract is only concluded once the customer has received a declaration of acceptance in the form of the order confirmation by email.

(7)

Order processing and contact generally take place by email and automated order processing. The customer must ensure that the email address provided is correct so that emails sent by the Seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the Seller or commissioned third parties can be delivered.

§ 3Right of Withdrawal

(1)

Consumers are generally entitled to a right of withdrawal in accordance with the statutory provisions.

(2)

If you, as a consumer, exercise your right of withdrawal under paragraph 1, you shall bear the regular costs of the return shipment.

(3)

In all other respects, the right of withdrawal is governed by the provisions set out below.

Withdrawal Instructions — 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 on which you, or a third party named by you who is not the carrier, take possession of the goods.

To exercise your right of withdrawal, you must inform us (name of the entrepreneur, address and, where available, telephone number, fax number, and email address) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory. You may also complete and submit the model withdrawal form or another clear statement electronically on our website. If you make use of this option, we will send you confirmation of receipt of such a withdrawal without delay (e.g., by email).

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.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

– End of Withdrawal Instructions –

(4)

This right of withdrawal expires in the case of the supply of digital content pursuant to § 356 (5) No. 2 BGB if:

the consumer has expressly consented to the entrepreneur beginning performance of the contract before expiry of the withdrawal period,

the consumer has confirmed their knowledge that, by giving consent under letter a, they lose their right of withdrawal upon commencement of performance, and

the entrepreneur has provided the consumer with a confirmation pursuant to § 312f BGB.

(5)

Express consent is given in the form declared in § 3, by the customer agreeing to the following statement:

Withdrawal Form

If you wish to withdraw from the contract, please complete this form and return it.

To: DowHow Trading UG (haftungsbeschränkt)
Europaring 4, 94315 Straubing, Germany
info@dowhow-trading.com

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)

— Ordered on (*) / received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only for notification on paper)
— Date

(*) Delete as appropriate

§ 4Prices, Payment Terms, and Set-Off

(1)

Unless otherwise stated in the product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

(2)

The payment options (credit card, SEPA, instant bank transfer, or PayPal) are listed on the ClickFunnels checkout page and may vary depending on the product.

(3)

An invoice is automatically generated by ClickFunnels via the payment system after the order is completed. This is generally available as a PDF document via a link in the order confirmation. The invoice amount is due immediately upon receipt of the order confirmation.

(4)

Access to the respective products is granted directly after completion of the purchase without prior receipt of payment. When purchasing an Expert Advisor or an indicator, the software license key must be created individually. Delivery may therefore take 24 hours or longer.

(5)

If the customer is in default, we are entitled to withhold the service or delivery until all due claims have been settled. If the customer fails to pay following a reminder after the due date, the customer is placed in default by the reminder.

(a)

As a result of the default, the buyer shall pay the statutory rate of default interest.

(b)

If the buyer is an entrepreneur, a flat reminder fee of EUR 40.00 becomes payable.

(6)

The default interest amounts to eight percent above the respective applicable base interest rate.

(7)

In the case of installment payments, the first installment is due on the first day of the following month. By making early full payment, the installment payment agreement expires before the end of the payment period.

(8)

As a result of a returned SEPA direct debit, chargeback fees as well as default interest at the statutory rate arise, which are to be borne exclusively by the buyer.

(9)

If the buyer fails to pay despite a due claim after an unsuccessful reminder, the claim will be handed over to a debt collection company.

(10)

If the customer fails to pay following a reminder where an installment payment has been agreed, the Seller is entitled to terminate the installment agreement and demand the entire amount.

(11)

You are not entitled to set off against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off if you assert notices of defect or counterclaims arising from the same purchase contract.

(12)

As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 5Granting of Rights

(1)

When purchasing an indicator, upon full payment of the fee, the customer receives, in accordance with the respective license agreement, a simple, temporally unlimited right to use the contractual software to the extent granted in this contract.

(2)

Access to the course "Trading mit Logik" is granted as follows:

After completion of the ordering process, the customer receives an email containing a link for initial registration. Via this access link, the customer must create a freely selectable password to access the protected area.

With these access data (username, password), the customer is granted a permanent right to use the course. This data must be kept secret and protected against unauthorized access by third parties.

In the event of violations of these T&C and/or applicable law, access may be temporarily or permanently blocked.

(3)

Upon purchasing the "Live Trading Community" membership, the customer obtains the right to use the DowHow Live Trading Room for one year. This includes participation in the weekly webinars, access to the Trading Room, and use of the DowHow App.

(a)

To participate in the weekly webinars, the customer must enter the access data provided in the order confirmation via the meeting software "Zoom." After each webinar, a link to the recording is made available in the Trading Room.

(b)

The Trading Room is located on the platform "tradersyard.com." Prior registration via the link in the order confirmation is required for its use.

(c)

For the use of the DowHow App, the customer receives a separate email with installation instructions.

§ 6Warranty

(1)

The Seller warrants the agreed quality and that the customer can use the contractual software without infringing the rights of third parties. The warranty for material defects does not apply to defects resulting from the software being used in a hardware and software environment that does not meet the intended use, or to changes and modifications the customer has made without being entitled to do so by law, this contract, or prior written consent of the Seller.

(2)

The customer must inspect the contractual software for obvious defects immediately upon receipt and, if such defects exist, notify the Seller without delay; otherwise, any warranty for such defects is excluded. The same applies if such a defect appears later; § 377 of the German Commercial Code (HGB) applies.

(3)

In the event of a material defect, the Seller is initially entitled to subsequent performance, i.e., at its own discretion, to remedy the defect ("rectification") or to deliver a replacement. As part of the replacement delivery, the customer will, where applicable, adopt a new version of the software, unless this leads to unreasonable impairments. In the case of defects of title, the Seller will, at its own discretion, provide a legally unobjectionable possibility of using the software, or modify it so that the rights of third parties are no longer infringed.

(4)

The Seller fulfills its obligation to rectify defects by providing updates equipped with an automatic installation routine for download on its homepage and by offering the customer telephone or written support to resolve any installation problems.

(5)

The customer's right, in the event that rectification or replacement delivery fails twice, to reduce the purchase price or withdraw from the contract at its discretion, remains unaffected. There is no right of withdrawal in the case of insignificant defects. If the customer asserts a claim for damages or reimbursement of wasted expenditure, the Seller is liable in accordance with § 7.

(6)

With the exception of claims for damages, warranty claims based on material defects become time-barred within one year. The limitation period begins, in the case of a sale on a data carrier, with delivery of the software, and in the case of a sale by download, after notification and activation of the access data for the download area. For claims for damages and reimbursement of wasted expenditure, § 7 applies.

§ 7Liability

(1)

The Seller is liable without limitation:

—

in cases of intent or gross negligence,

—

for injury to life, body, or health,

—

in accordance with the provisions of the German Product Liability Act, and

—

to the extent of a guarantee assumed by the Seller.

(2)

In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), the Seller's liability is limited in amount to the damage that is foreseeable and typical for the type of transaction in question.

(3)

No further liability of the Seller exists.

(4)

The above limitation of liability also applies to the personal liability of the Seller's employees, representatives, and corporate bodies.

§ 8Security Measures, Audit Right

(1)

The customer will secure the contractual software and, where applicable, the access data for online access against access by unauthorized third parties through suitable measures. In particular, all copies of the software as well as the access data are to be kept in a protected place.

(2)

At the Seller's request, the customer will enable the Seller to verify proper use of the contractual software, in particular whether the customer is using the program qualitatively and quantitatively within the scope of the licenses acquired. For this purpose, the customer will provide information, grant access to relevant documents and records, and enable an inspection of the hardware and software environment used, by the Seller or by an auditing firm named by the Seller and acceptable to the buyer. The Seller may carry out the inspection on the customer's premises during regular business hours, or have it carried out by third parties bound to confidentiality. If the inspection reveals an excess of more than 5% over the number of licenses acquired, or any other non-contractual use, the buyer shall bear the costs of the inspection; otherwise, the Seller shall bear the costs. All other rights remain reserved.

§ 9Confidentiality

(1)

"Confidential Information" means all information and documents of a party that are marked as confidential or are to be regarded as confidential based on the circumstances, in particular information about the products of the respective party, including object codes, documentation, and other records, operational processes, business relationships, and know-how.

(2)

The parties undertake to keep the other party's Confidential Information strictly and unconditionally secret and to protect it through appropriate technical and organizational measures.

(3)

Excluded from the confidentiality obligation under paragraph 2 is such Confidential Information that:

was demonstrably already known to the recipient at the conclusion of the contract or becomes known thereafter from a third party, without thereby violating a confidentiality agreement, statutory provisions, or official orders;

is publicly known at the conclusion of the contract or becomes publicly known thereafter, insofar as this is not based on a breach of this contract;

must be disclosed due to statutory obligations or by order of a court or authority. Insofar as permissible and possible, the recipient obliged to disclose will inform the other party in advance and give it the opportunity to take action against the disclosure.

(4)

The parties will only grant access to Confidential Information to those advisors who are subject to professional secrecy or who have previously been bound by corresponding obligations. Furthermore, the parties will only disclose Confidential Information to those employees who need to know it for the performance of this contract, and will also oblige these employees to maintain confidentiality for the period after they leave, to the extent permissible under employment law.

(5)

Each culpable breach of these provisions results in a contractual penalty of EUR 500. Further claims of the injured party remain unaffected.

§ 10Copyright

We hold copyrights to all images, videos, and texts published in our catalog. Use of the images, videos, and texts is not permitted without our express consent.

§ 11Data Processing for Order Fulfillment

(1)

Insofar as we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data you provided when ordering (name, address, email address) in order to inform you personally, within the scope of our statutory information obligations pursuant to Art. 6(1)(c) GDPR, about upcoming updates within the statutorily prescribed period. Your contact data is used strictly for this designated purpose and processed only to the extent necessary.

(2)

Insofar as necessary for the performance of the contract for delivery and payment purposes, the personal data collected by us is passed on to the commissioned transport company and the commissioned credit institution pursuant to Art. 6(1)(b) GDPR.

(3)

To process your order, we also work with the following service provider, which supports us wholly or partly in the performance of concluded contracts. The following personal data is transmitted: email address; first and last name; address data.

Order processing is handled by the provider "ClickFunnels" (Etison LLC), which also uses the data provided for order processing. The privacy policy can be viewed at clickfunnels.com/privacy.

§ 12Miscellaneous Provisions

(1)

The customer may only transfer claims against the Seller to third parties with the Seller's written consent.

(2)

The customer may only set off against undisputed or legally established claims.

(3)

Amendments and additions to this contract must be made in writing. This also applies to the amendment or cancellation of this clause. Electronic documents in text form do not satisfy the written form requirement.

(4)

The customer's general terms and conditions do not apply.

(5)

This contract is governed by German law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).

(6)

The place of performance is the place where the debtor had their domicile at the time the obligation arose.

(7)

If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the Seller, Europaring 4, 94315 Straubing. In all other respects, the applicable statutory provisions govern local and international jurisdiction.

(8)

Should individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions. The contracting parties will endeavor to find a valid provision to replace the invalid one that most closely approximates the economic intent of the invalid provision.