General terms and conditions / Cancellation policy
QUIN Technologies GmbH www.getquin.com including all subdomains and aliases.
QUIN Technologies GmbH
The following General Terms and Conditions (“GTC”) of QUIN Technologies GmbH, with its registered office in Berlin (“getquin”, “we”, “Operator”), govern the use of the getquin app (“App”) and the getquin website, accessible at www.getquin.com (“Website”), as well as of individual services subject to a fee, including financial investment advice and financial investment brokerage as well as insurance brokerage. The GTC apply to all contracts between us on the one hand and you (“Customer”, “you”) on the other. They are divided into the “General Conditions” (Section A), the “Special Conditions – getquin advisory” (Section B), and the “Special Conditions – getquin Insurance Brokerage” (Section C). Sections B and C apply only insofar as you make use of the respective getquin services.
Insofar as designations for professions, groups, or persons are used in these GTC, we refrain from listing other linguistic forms in addition to the generic masculine form in the interest of better readability. All designations apply equally to all genders.
Index
A. General Conditions § 1 Contracting Party § 2 Scope of Application § 3 Subject Matter of the Contract § 4 Conclusion of the Contract § 5 General Obligations of the User § 6 Duration of the Contract § 7 Fees and Costs § 8 Subscriptions § 9 Changes to Fees and Services § 10 Payment Terms § 11 DMCA Policy § 12 Electronic Communication § 13 Right of Withdrawal § 14 Liability § 15 Prohibition of Assignment and Pledging § 16 Language, Jurisdiction and Applicable Law § 17 Amendments and Additions to the Contract; Severability Clause § 18 Fair Use Policy – getquin AI Features
B. Special Conditions – getquin advisory § 19 Conflicts of Interest § 20 Record-Keeping Obligation § 21 Services and Fair Use Policy § 22 Remuneration Provisions § 23 Risk Disclosures § 24 Supplementary Liability Provisions
C. Special Conditions – getquin Insurance Brokerage § 25 Provider and Scope of Activity § 26 Scope of Application § 27 Subject Matter of the Contract and Our Activities § 28 Existing Insurance Contracts § 29 Power of Attorney § 30 Market Basis and Selection of Insurers § 31 Obligations of the Customer § 32 Provisional Cover and Commencement of Insurance Cover § 33 Communication and Correspondence § 34 Involvement of Broker Pools, Service Providers and Other Insurance Brokers § 35 Remuneration § 36 Identity Verification and Special Requirements § 37 Supplementary Liability Provisions § 38 Commencement, Term and Termination of the Contract § 39 Data Protection and Electronic Processing
A. General Conditions
§ 1 Contracting Party
On the basis of these General Conditions, a contract is concluded between the Customer (registered user of the Website, see § 3) and:
QUIN Technologies GmbH represented by: Christian Rokitta and Raphael Steil Address: Schützenstraße 15, 10117 Berlin Commercial Register: Charlottenburg Commercial Register Number: HRB 217297 B VAT Identification Number: DE330970071,
hereinafter referred to as the “Operator”.
§ 2 Scope of Application
2.1 These General Conditions govern the acquisition of services via the Operator’s online platform (www.getquin.com including all subdomains and aliases).
2.2 These General Conditions apply to all services offered on getquin.com and all subdomains and aliases (including the mobile app “getquin”).
2.3 Deviating, conflicting, or supplementary general terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
2.4 The Operator is entitled to amend these GTC during the term of the contract with effect for the future if this is necessary for a material reason. A material reason exists in particular in the case of:
- changes in legislation or case law that affect the contractual relationship between the parties; and
- the introduction of new services or the expansion of the service offering.
The Operator shall transmit the amended terms to the Customer in text form prior to their effective date and shall specifically draw attention to the new provisions and the effective date. At the same time, the Operator shall grant the Customer a period of at least six weeks to declare whether they accept the amended GTC. The period shall commence upon receipt of the notification in text form. If the Customer does not respond within this period, the amended terms shall be deemed agreed. The Operator shall specifically draw the Customer’s attention to this legal consequence at the beginning of the period.
Amendments to the principal contractual obligations shall require the express consent of the Customer. This shall not apply to mere extensions of the Operator’s service offering.
§ 3 Subject Matter of the Contract
3.1 getquin.com is an online platform created and operated by the Operator, accessible via a web browser or a mobile application (App), collectively referred to as the “Applications”, on which registered Customers can connect securities portfolios and view the associated information. Additional services offered by the Operator to registered Customers include a securities database in which Customers can search for and find information on specific securities, as well as a social media feature through which registered Customers can communicate with each other (via our social media feed) and follow one another (via their respective social profiles). For details of the respective offering, please refer to the product description on the offer page (www.getquin.com).
3.2 The connection of portfolios is purely optional, and financial information is mirrored from the respective connected accounts. This means that the Operator does not execute any financial transactions for or on behalf of registered Customers, nor can any real financial transactions be executed; instead, the software serves an illustrative purpose to make it easier for Customers to view their assets independently.
3.3 The Operator uses external data sources as the basis for some of the services offered. These data are in part transferred to the Operator’s systems without prior review. The Operator therefore reserves the right to correct data retroactively.
3.4 The Operator shall endeavour to make the services available throughout the year and without restriction to the greatest extent possible. Notwithstanding the foregoing, periods of limited availability may occur, in particular where work is required to improve the security or integrity of the servers, or to carry out technical improvements or version updates to the services, and such work serves the proper or improved provision of the Operator’s services (e.g. maintenance work). The Operator is entitled to take such measures to the extent necessary and to limit the scope of use to a reasonable extent at reasonable times.
3.5 The Operator offers services that are both free of charge and subject to fees. Which features are offered for a fee is hereinafter referred to as “paid membership”.
3.6 getquin.com reserves the right to suspend, restrict, or modify the service at any time. This applies in particular in light of potentially changing legal, regulatory, or other supervisory framework conditions.
3.7 In the event of discontinuation of the services, the contract shall terminate at the time of discontinuation. If the monthly fees for the service month of discontinuation have already been collected for that month, they shall be refunded to the payment method provided at registration.
3.8 The App, the Website, and any associated subdomains are protected by intellectual property rights, such as copyright and trademark law. These rights belong exclusively to us in relation to the Customers.
§ 4 Conclusion of the Contract
4.1 In order to use the services on getquin.com, registration on the online platform is required. By clicking the “Register” button after completing the registration process and, where applicable, entering payment details, the Customer submits an offer, which is accepted by means of a welcome email from the Operator. This contract entitles the Customer to use getquin.com and to access the services included in the membership at the time of membership (hereinafter referred to as the “Contract”). The scope of services is limited depending on the membership (see also § 8).
4.2 The contract is concluded exclusively via electronic commerce. The offers presented in this context constitute a non-binding invitation to the Customer to submit an offer through the Customer’s order, which the Operator may accept.
4.3 Registration on getquin.com and use of the Operator’s services is permitted only for natural and legal persons who are of legal age and have full legal capacity. By registering on behalf of a legal entity, a natural person simultaneously warrants that they are personally authorised to represent the legal entity. The Operator therefore reserves the right to obtain appropriate proof before approving use.
4.4 When registering their user account, the Customer must provide their email address and a personal password. The Customer’s personal data can be edited in the profile section of the services. The stored data are used in reports generated for the Customer. The getquin.com offering is directed only at Customers who are legally permitted to use it. The Operator therefore reserves the right to exclude users from using the services without prior notice, including retroactively, or in the event of changes to the data stored in the profile due to information regarding residence, nationality, or other regulatory or supervisory reasons.
4.5 The user warrants that all information provided to the Operator is accurate and complete. Legal entities shall be liable for their governing bodies, representatives, and employees. The provision of false or incomplete information shall entitle the Operator to terminate the membership without notice.
4.6 The Customer is obliged to inform the Operator immediately and without being prompted of any future changes to their personal data. This applies both to the data provided during registration and to the data in the user profile.
4.7 There is no entitlement to use the services of getquin.com prior to registration. The Operator reserves the right to reject Customers without stating reasons or to block them after registration.
4.8 Paid services are billed per user. A paid membership may only be used by a single Customer. If the Customer is a legal entity, the access credentials may only be provided to one employee at a time. If, for justifiable reasons, a change of the employee entrusted with using the membership occurs, a transfer of the access credentials is permissible; the Customer shall be liable for ensuring that multiple persons do not use one account in parallel. This applies to both simultaneous and concurrent access. Furthermore, the Customer shall be liable for ensuring that persons acting on their behalf comply with the General Terms and Conditions defined in this document when using the services. The provisions of these General Terms and Conditions regarding the provision of data and the confidentiality of access credentials shall apply accordingly to those persons who use the services of getquin.com on behalf of or for the account of a legal entity.
4.9 The user is not permitted to disclose their access credentials to third parties (for legal entities, Section 4.8 shall apply accordingly. Legal entities within the meaning of Section 4.8 are not “third parties”). The Customer undertakes to inform the Operator immediately and to change their access credentials if there are indications of unauthorised use by third parties. Furthermore, the Operator reserves the right to exclude Customers from using the services without notice in the event of irregularities or other anomalies in the use of the services that give rise to a suspicion of unauthorised use by third parties.
§ 5 General Obligations of the User
5.1 The user undertakes to refrain from anything that could impair the infrastructure, functionality, or one or more functionalities of getquin.com in any way. Any use of third-party software and any extraction or external processing of data is prohibited.
5.2 The Operator’s offering is not directed at politically exposed persons (PEPs) within the meaning of the German Anti-Money Laundering Act (Geldwäschegesetz, GwG). If the Customer is a politically exposed person, the conclusion of a contract as well as the continuation of an existing contractual relationship is therefore excluded.
5.3 If, after conclusion of the contract, circumstances arise on the basis of which the Customer could be regarded as a politically exposed person (PEP), the Customer is obliged to inform the Operator immediately.
5.4 The user undertakes to provide the Operator with information about their personal data, in particular name, address, and date of birth, without delay upon request (e.g. by email).
5.5 The user is not permitted, and agrees not to publish, any user-generated content on the Operator’s services that is (i) abusive, harassing, defamatory, intimidating, harmful, hateful, inaccurate, injurious, libellous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, or in violation of applicable laws, or that could be so construed by a reasonable person; (ii) promoting bigotry, discrimination, hatred, intolerance, racism, or incitement to violence (including suicide), in each of points (i) and (ii) of this section, as the Operator may determine in its sole and absolute discretion (collectively referred to as “objectionable content”). The user further agrees not to use the Operator’s services for illegal or unlawful purposes, in particular not to stalk other users or to encourage other users to harm themselves or other persons.
Should you encounter objectionable content on the Operator’s services, please send an email to help@getquin.com immediately or notify the Operator using the features provided on the Operator’s website. The user acknowledges and agrees that the Operator provides the user with the ability to report objectionable content as a courtesy, and that the Operator is not obliged to remove objectionable content on the Operator’s service that the user reports to the Operator or to take any other action. However, the Operator may, at its sole discretion, take all measures it deems necessary and/or appropriate to take action against a user who posts objectionable content on the service, including warning the user, suspending or terminating the user account, removing all user content posted by the user on the Operator’s service, and/or reporting the user to law enforcement authorities, whether directly or indirectly.
5.6 The user retains rights to all content they submit, publish, or display through the services. With respect to content shared publicly by the user in accordance with the user’s privacy or app settings (e.g. portfolios, feed posts, and other content), the user grants the Operator a worldwide, non-exclusive, royalty-free, transferable, and sublicensable licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media and through any and all processing channels, whether currently known or hereafter devised, in order to provide, promote, and improve the services. The user hereby grants the Operator permission to make this content available and to enable third parties to do so as well (e.g. for marketing purposes). The licence shall terminate when the user terminates their contract with the Operator. The Operator uses the user’s data in accordance with the Privacy Policy (available at https://www.getquin.com/de/privacy/) as amended from time to time.
§ 6 Duration of the Contract
6.1 The contract commences upon activation of the Customer by the Operator. It is a contract for the provision of continuing obligations. The contract is concluded for the respective selected subscription period. It shall be automatically renewed at the end of each subscription period for a further subscription period, unless the Customer cancels.
6.2 Each contracting party has the right to terminate the contract by ordinary termination at the end of the respective current subscription period without stating reasons. Ordinary termination by the Customer may be effected in accordance with § 8 by deactivating the automatic subscription renewal in the account settings.
6.3 The right of both parties to terminate without notice for cause shall remain unaffected. The Operator may terminate the contract without notice in particular if the user has provided inaccurate or incomplete information regarding the data provided during registration and participation, or if the user repeatedly breaches contractual obligations and fails to cease the breach even after being requested to do so by the Operator.
6.4 Insofar as termination has been effected by the Operator, the Customer shall have no entitlement to the creation of a new user account or to a refund of fees paid.
6.5 In the event of violations of these General Conditions, the Operator reserves the right to permanently exclude the user concerned from using the platform. This also includes the prohibition on creating new user accounts or having them created by third parties. The exclusion shall expressly apply to all existing (old) and future (new) user accounts that are directly or indirectly attributable to the user. Furthermore, in such a case, the user shall forfeit any entitlement to the redemption of acquired or remaining bonus credit, regardless of the account on which it was acquired or stored. Refunds or other compensation are excluded.
§ 7 Fees and Costs
All prices are final prices and include the statutory value-added tax. Paid additional services are expressly indicated by the Operator. The costs of the respective memberships can be viewed at www.getquin.com as well as in the App or in the Apple App Store and the Google Play Store.
§ 8 Subscriptions
8.1 Holders of a getquin account can access getquin in two ways:
- Free version: Limited access to content and features of the App.
- Paid subscription: A paid programme that provides access to all existing content; however, the subscription provides access to additional features beyond the free version. These features may change, and further subscription packages may be added or removed. The user may become a subscriber by purchasing a subscription for the products in the App.
Note on subscriptions via third-party providers: If you purchase a subscription through the Apple iTunes Store, Google Play Store, or other third-party providers, the purchase is subject to the terms and conditions and payment policies of the respective provider. Information on cancelling subscriptions via third-party providers can be found in the relevant settings of the respective platform. We do not grant refunds in the event of cancellation for subscriptions purchased through a third-party provider. Please note that the terms and conditions and payment policies of the third-party provider may also not provide for refunds. Your statutory right of withdrawal vis-à-vis getquin (§ 13) remains unaffected.
8.2 getquin offers, or may in the future offer, monthly and annual subscriptions. For our monthly and annual subscriptions, one month corresponds to 30 calendar days and one year corresponds to 365 calendar days.
8.3 Our “Monthly Subscription” is paid monthly in advance. For each month in which your Monthly Subscription is active, you acknowledge and agree that getquin is authorised to charge the same credit card used for the original subscription fee, or other payment methods as set out in § 10 (“Payment Terms”), in the amount of the then-current monthly subscription fee. The monthly renewal subscription fees will be automatically charged to the payment method you have specified until termination of the contract. You must cancel your subscription before it renews each month to avoid having the subscription fee for the following month charged to the payment method you have specified.
8.4 Our “Annual Subscription” is paid annually in advance. You acknowledge and agree that getquin is authorised to charge the payment method used for (i) the initial annual subscription fee at the rate secured at the time of subscription booking and (ii) the renewal subscription fee(s) at the non-discounted rate in effect at the time of such renewal. You must cancel your subscription before it renews to prevent the renewal subscription fee from being charged to the payment method you have specified.
8.5 Subscriptions may be terminated by ordinary termination at the end of the respective current subscription period. Ordinary termination may be declared at any time by deactivating the automatic renewal in your account settings. If no automatic renewal is set at the end of the subscription period, the subscription shall expire and the contract shall be terminated.
Please note that if you have purchased a subscription through the Apple iTunes Store or our iPhone application, you can deactivate automatic renewals by navigating to “Manage App Subscriptions” in your iTunes account settings and selecting the subscription you wish to change. If you have purchased a subscription through the Google Play Store, you can deactivate automatic renewal in the account settings under Subscriptions in the Google Play app or in accordance with the procedure currently described by Google Play. If you have purchased a subscription through a bundle subscription partner, you can cancel it in accordance with the procedure described by the bundle subscription partner.
8.6 In the event of cancellation of the Monthly or Annual Subscription, there is no entitlement to a partial refund of the subscription fee for the remaining subscription period. Any refunds arising from a withdrawal (§ 13) shall remain unaffected.
8.7 You undertake to notify getquin immediately of any changes to the payment method you have specified for as long as subscriptions remain outstanding. You are responsible for all fees and costs incurred, including applicable taxes, and all subscriptions purchased by you.
8.8 In the course of your use of the products, getquin and its third-party payment service provider may receive and implement updated credit card information from your credit card issuer to prevent your subscription from being interrupted by an outdated or invalid card. The provision of updated credit card data to getquin and getquin’s third-party payment service provider is at the sole discretion of your credit card issuer. Your credit card issuer may grant you the right to opt out of the update service. Should you wish to do so, please contact your credit card issuer.
8.9 Our obligation to provide the products does not arise until we accept your order and confirm your purchase by email. We confirm your order and send you an email to confirm your access to the subscription purchased. Please quote the order number in any further correspondence with us. Prices in US dollars and euros include local taxes. All prices in pounds sterling include VAT unless otherwise stated. You agree not to hold us responsible for any bank charges arising from payments to your account. In the event that we do not receive payment through the payment method you have specified, you agree to pay all amounts due upon our request. You agree that you are not permitted to resell products purchased through getquin for commercial purposes.
8.10 The deletion of a user account does not automatically result in the cancellation of a concluded subscription.
§ 9 Changes to Fees and Services
9.1 We may at any time modify the features of the App and the Website or add new features. However, changes to our principal contractual obligations that would adversely affect you shall require your express consent.
9.2 We reserve the right to adjust the subscription fees upon automatic renewal of the contract to the prices in effect at the time of renewal.
9.3 We shall notify you of any intended price increase in text form (e.g. by email) no later than six weeks before the date on which it takes effect. The notification shall state the new subscription fee, the extent of the respective price increase, and the date on which the new price takes effect.
9.4 The price for a subscription period already in progress shall not change as a result of a price increase taking effect pursuant to Section 9.3. If the price adjustment is effective at the time of the next subscription renewal and the automatic renewal of the subscription has not been deactivated (§ 8), the subscription shall be renewed at the new price.
§ 10 Payment Terms
10.1 The Customer has only the following payment options: via the payment method stored in the Apple iTunes Store, via the payment method stored in the Google Play Store, or, when using the web app, via the payment methods offered through Stripe and displayed in the respective payment process. Other payment methods are not offered and will be rejected. The invoice amount shall be collected by the Operator by direct debit from the Customer’s specified account on the basis of the direct debit authorisation. In the case of payment by credit card, the Customer must be the cardholder. The charge shall not be made until the subscription has been confirmed. The first month of service begins immediately. Payment is due without deduction. The Customer shall be in default upon expiry of the payment deadline even without a reminder.
10.2 If a payment cannot be made, all costs arising therefrom shall be borne by the Customer. This includes in particular bank charges in connection with the return of direct debits and comparable charges, insofar as the Customer is responsible for the charges incurred.
10.3 The Operator reserves the right to charge a processing fee for the deletion of user accounts if the Customer breaches the obligations of these General Conditions and is responsible for such breach.
§ 11 DMCA Policy
getquin respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which can be found on the website of the US Copyright Office at https://www.copyright.gov/legislation/dmca.pdf, getquin will respond promptly to copyright infringements committed through the use of the getquin service and/or the getquin website (the “Website”) when such claims are reported to getquin or getquin otherwise becomes aware of them.
§ 12 Electronic Communication
12.1 Communication with Customers is generally conducted electronically via the Operator’s platform or by email. This applies in particular to documents relating to the use of the services (e.g. records and account statements).
12.2 The Customer consents to electronic communication and in this context waives the dispatch of documents by post.
12.3 The Operator reserves the right to deliver documents generally or in individual cases by post if postal delivery is required by law or becomes so, or if the Operator deems this appropriate having weighed the Customer’s interests.
12.4 For legal reasons, the Operator may be required to record and store Customer communications.
§ 13 Right of Withdrawal
Consumers within the meaning of § 13 of the German Civil Code (BGB) (i.e. natural persons who enter into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity) are entitled to a statutory right of withdrawal with respect to the contract for paid offerings in accordance with the following instructions.
Withdrawal Notice
Section 1 – Right of Withdrawal
You may withdraw from your contractual declaration within 14 days without stating reasons by means of a clear declaration. The period begins upon conclusion of the contract and after you have received the contractual provisions including the General Terms and Conditions as well as all information listed below under Section 2 on a durable medium (e.g. letter, fax, email). To comply with the withdrawal period, it is sufficient to send the withdrawal in time, provided the declaration is made on a durable medium.
The withdrawal is to be addressed to:
QUIN Technologies GmbH Schützenstraße 15, 10117 Berlin Germany Email: info@getquin.com
Section 2 – Information Required for the Start of the Withdrawal Period
The information within the meaning of Section 1 sentence 2 includes the following details:
- the identity of the trader; the public company register in which the legal entity is registered and the corresponding registration number or equivalent identifier must also be stated;
- the trader’s main business activity and the supervisory authority responsible for its authorisation;
- the trader’s address for service of process and any other address relevant to the business relationship between the trader and the consumer; in the case of legal persons, associations of persons or groups of persons, also the name of the authorised representative;
- the essential characteristics of the financial service and information on how the contract is concluded;
- the total price of the financial service including all associated price components and all taxes paid through the trader, or, if no exact price can be stated, the basis for its calculation enabling the consumer to verify the price;
- any additional costs that may arise, together with a reference to any possible further taxes or costs that are not paid through or invoiced by the trader;
- any limitation on the validity period of the information provided, such as the validity period of time-limited offers, in particular regarding price;
- an indication that the financial service relates to financial instruments that carry special risks due to their specific characteristics or the transactions to be carried out, or whose price is subject to fluctuations on the financial market over which the payment service provider has no influence, and that income earned in the past is not an indicator of future income;
- details regarding payment and performance;
- the existence or non-existence of a right of withdrawal, the conditions and details of its exercise, in particular the name and address of the person to whom the withdrawal is to be declared, and the legal consequences of withdrawal, including information on the amount the consumer must pay for the service rendered in the event of withdrawal, where the consumer is obliged to pay compensation for value (underlying provision: § 357b of the German Civil Code);
- the contractual termination conditions, including any contractual penalties;
- the member states of the European Union whose law the trader applies to the establishment of relations with the consumer prior to conclusion of the contract;
- a contractual clause on the law applicable to the contract or the competent court;
- the languages in which the contractual terms and the pre-contractual information referred to in this notice are communicated, and the languages in which the trader undertakes, with the consumer’s consent, to communicate during the term of this contract;
- an indication of whether the consumer may use an out-of-court complaint and redress procedure to which the trader is subject, and, where applicable, the conditions for accessing it.
Section 3 – Consequences of Withdrawal
In the event of an effective withdrawal, the services received by both parties are to be returned. You are obliged to pay compensation for the value of the service rendered up to the point of withdrawal, provided you were informed of this legal consequence prior to submitting your contractual declaration and expressly agreed that performance of the counter-service may begin before the end of the withdrawal period. Where an obligation to pay compensation for value exists, this may mean that you must nonetheless fulfil your contractual payment obligations for the period up to the withdrawal. Your right of withdrawal expires prematurely if the contract has been fully performed by both parties at your express request, before you have exercised your right of withdrawal. Obligations to reimburse payments must be fulfilled within 30 days. This period begins for you upon sending your withdrawal declaration, and for us upon receipt thereof.
Special Notes
If you withdraw from this contract, you are also no longer bound by any contract linked to this contract, if the linked contract relates to a service provided by us or a third party on the basis of an agreement between us and the third party.
End of Withdrawal Notice
§ 14 Liability
14.1 The Operator shall be liable to the Customer for damages arising from wilful intent, gross negligence, injury to life, body, or health, breach of a material contractual obligation, or a guarantee. In the event of a breach of a material contractual obligation through simple negligence, the Operator shall only be liable to the extent that the occurrence of the damage could reasonably have been expected at the time the contract was concluded. Material contractual obligations within this meaning are obligations the fulfilment of which is essential for the performance of this contract and on the observance of which the respective other party may regularly rely. The foregoing liability provisions shall also apply mutatis mutandis to claims against employees and agents of the Operator. The limitations of liability set forth in this Section 14.1 shall not apply insofar as the Operator is mandatorily liable under statutory provisions.
14.2 The Customer shall be liable for the infringement of third-party rights as well as for any violation of statutory provisions or requirements by the Customer personally and directly. The Customer undertakes to indemnify the Operator against all claims for damages by third parties arising from the non-observance of the obligations under these General Conditions or from the Customer’s violation of statutory provisions or requirements.
14.3 The Operator endeavours to ensure the highest quality of the services offered on getquin.com and via the App. However, the Customer is aware that information provided (e.g. prices, indices, quotations, calculations, news, analyses, general market data) may in individual cases be inaccurate, incomplete, imprecise, or not up to date, and should therefore not be used as the sole data basis for financial decisions.
14.4 The Operator stores Customer data with the greatest possible care. Nevertheless, a partial or complete loss of a Customer’s data, both with regard to personal data and data relating to the use of the services, cannot be entirely excluded. The Operator therefore recommends that users perform regular data backups.
§ 15 Prohibition of Assignment and Pledging
Claims or rights of the Customer against the Operator may not be assigned or pledged without the Operator’s consent, unless the Customer demonstrates a legitimate interest in the assignment or pledge. The Operator reserves the right to transfer all or individual rights under this contract to third parties, provided that this is reasonable for the Customer, the Customer’s interests are safeguarded, and this is permissible under the applicable data protection policies. The Operator shall inform the Customer thereof two weeks prior to the intended transfer.
§ 16 Language, Jurisdiction and Applicable Law
The contract language is German. The further handling of the contractual relationship shall also be conducted in the German language. The law of the Federal Republic of Germany shall apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this shall apply only insofar as mandatory statutory provisions of the state in which the Customer has their domicile or habitual residence do not provide otherwise. The place of jurisdiction for disputes with Customers who are not consumers, legal entities under public law, or special funds under public law shall be the current registered office of the Operator within the Federal Republic of Germany.
§ 17 Amendments and Additions to the Contract; Severability Clause
17.1 Amendments and additions to these GTC must be made in text form (e.g. by email), unless otherwise provided in the foregoing provisions. This also applies to any waiver of this text-form requirement.
17.2 Should individual provisions of these GTC be or become invalid and/or conflict with statutory provisions, the validity of the remaining provisions of the GTC shall not be affected thereby. The invalid provision shall be replaced by the parties by mutual agreement with a provision that comes as close as possible to the economic intent and purpose of the invalid provision in a legally effective manner. In all other respects, the statutory provisions shall apply. In the event of gaps in the provisions, the foregoing provision shall apply accordingly.
§ 18 Fair Use Policy – getquin AI Features
The Fair Use Policy governs the use of getquin’s AI-powered features (hereinafter collectively the “AI System”). These tools (e.g. the AI Chat and the AI Score) are designed to support your use of the getquin platform. To ensure fair, safe, and responsible use for all users, the following provisions apply:
18.1 Usage Limits
The Customer receives a simple, non-transferable right to use the AI-generated content exclusively for personal purposes within the scope of the contractually agreed use.
The AI System is intended only for persons aged 18 and over. Use by minors or particularly vulnerable persons is not permitted.
Use is subject to the technically imposed restrictions described in Section 18.4.
The Customer is obliged not to misuse the AI System. Misuse exists in particular where the Customer uses the services in a manner that exceeds contractually intended use to an extent that, in the circumstances of the individual case, can no longer be regarded as fair. Subject to any expressly deviating agreement with the Customer, misuse exists in particular where the Customer:
- uses the AI System with a frequency that is objectively no longer justified by a typical, fair purpose of use;
- uses the AI System to create, upload, or disseminate unlawful, harmful, misleading, or otherwise objectionable content (as defined in Section 5.5);
- attempts to extract model data, reverse-engineer responses, or simulate content generated by the AI System for competitive or other unauthorised purposes;
- transmits sensitive personal data to the AI System (e.g. names, addresses, health data, or financial account information), unless expressly permitted in product-specific documentation;
- uses the AI System to provide services to third parties (whether for consideration or free of charge), or for the purposes of resale, redistribution, or integration into other products, or otherwise makes it available to third parties;
- extracts content by automated means (scraping) or makes automated requests to the AI System;
- uses the AI System in a manner intended to jeopardise the availability or stability of the system or to cause excessive resource load.
In the event of misuse, the Operator may restrict or block the Customer’s use. The Operator reserves the right to monitor the use of the AI System in order to detect breaches, prevent misuse, and ensure system performance.
You bear responsibility for the consequences of any misuse of the AI System, including any legal liability towards third parties.
18.2 Content Restrictions
The AI System may use information from accounts you have connected in order to provide analytical insights into your finances. However, all AI-generated content is provided solely for informational purposes and does not constitute legal, tax, or investment advice, investment brokerage, a recommendation, or a solicitation to buy, hold, or sell financial instruments. The AI System does not assess the individual suitability of the information displayed with regard to the Customer’s investment objectives, risk tolerance, risk-bearing capacity, experience, and knowledge. The information must therefore not be understood as a substitute for professional investment advice.
The AI System is subject to the general risks of AI. The AI System may produce responses that are inaccurate, outdated, or, although they sound plausible, factually incorrect (so-called “hallucinations”). It is your responsibility to independently verify all information.
Financial decisions should never be made solely on the basis of the AI information.
The AI System is not connected to the Operator’s activities in the context of getquin advisory (§§ 19–24).
18.3 Data Security and Confidentiality
No confidential and/or personal data may be entered unless the respective feature expressly indicates that secure processing in accordance with the GDPR is ensured.
getquin does not use your inputs or the system’s outputs for training or improving external AI models.
18.4 Technical Availability and Support Services
We endeavour to ensure stable availability of the AI features. However, uninterrupted use cannot be technically guaranteed. In particular, we reserve the right to temporarily or permanently restrict or deactivate AI features for technical reasons (e.g. to carry out maintenance work, to update software, or to protect system performance in the event of excessive load, for security reasons).
Support services for the AI features are provided exclusively by email. Support includes the resolution of technical faults and the answering of general questions regarding the functionality of the AI. In the event of technical faults or outages, AI-generated content or cached data may be lost. The Customer is responsible for independently saving any AI-generated results that are important to them.
B. Special Conditions – getquin advisory
QUIN Technologies GmbH, Berlin (HRB 217297 B) is a limited liability company and provides, in part, services that are to be regarded as financial investment advice and financial investment brokerage within the meaning of § 34f para. 1 sentence 1 no. 1 of the German Trade Regulation Act (Gewerbeordnung, GewO) in conjunction with § 16 paras. 1 and 3 of the German Financial Investment Brokerage Regulation (FinVermV) (getquin advisory). Where the Customer makes use of these services, the following provisions apply in addition to the General Conditions.
§ 19 Conflicts of Interest
19.1 Principles for Dealing with Conflicts of Interest
In the course of our activities as a financial investment broker pursuant to § 34f GewO, conflicts of interest cannot always be entirely excluded despite careful organisational measures. A conflict of interest exists where the economic, personnel-related, or ideological interests of our company or of third parties conflict with the interests of the Customer and may thereby impair the objectivity of our advice or brokerage services (§ 11a para. 1 FinVermV). In accordance with the requirements of the German Financial Investment Brokerage Regulation (FinVermV), in particular § 11a FinVermV, we inform you below of our principles and precautions for the responsible handling of conflicts of interest.
Conflicts of interest may arise in particular:
- through economic ties with product providers;
- through the acceptance of inducements (commissions, fees, non-monetary benefits);
- through activities or shareholdings of our management, employees, or persons closely associated with them at issuers of financial investments;
- through the use of information that is not publicly known; or
- through advertising or paid collaborations on our platform.
19.2 Our Measures for the Avoidance and Management of Conflicts of Interest
To protect your interests and to ensure objective and investor-oriented advice, we strictly comply with the statutory requirements on handling conflicts of interest. To this end, we have implemented the following measures:
- establishment of an internal conflict-of-interest management system under the responsibility of the management;
- implementation of organisational precautions to prevent extraneous influences on investment recommendations;
- written guidelines and processes ensuring the separation of advice and any product advertising;
- exclusion of the acceptance of direct remuneration for product recommendations, unless such remuneration is fully and clearly disclosed;
- disclosure of unavoidable conflicts of interest prior to the conclusion of a transaction (§ 11a para. 2 FinVermV);
- documentation of all conflicts of interest as part of the suitability assessment; and
- technical and organisational separation of advertising and editorial content on the platform.
If an issuer of financial instruments holds a direct or indirect interest in our company, this constitutes a potential conflict of interest. In such a case, we ensure proper identification, documentation, and disclosure of this connection, in particular where the issuer’s products are promoted on our platform or recommended to Customers.
19.3 Special Note: Advertising Offers on the getquin Platform
getquin offers companies the opportunity to book advertising space on the platform. It is therefore possible that financial products are recommended on getquin that originate from companies that also advertise on our platform.
We expressly point out the following:
- The recommendation of financial investments is made independently of paid advertising collaborations.
- There is no remuneration, commission, or other non-monetary inducement that we receive in connection with the recommendation of a specific product on the basis of the advertising collaboration. With some product providers, however, we do receive a brokerage commission (see § 22 of these GTC below).Cross-reference fix: the German source still says “§ 21”. Under the new numbering, remuneration is § 22 (§ 21 is now Services and Fair Use). The German text needs the same correction.
- Editorial content, recommendations, and advertising content are clearly separated from one another.
- Our investment recommendations are guided exclusively by the Customer’s interest.
In this way, we ensure that no extraneous considerations, in particular no economic interests of third parties, influence the advice or the product presentation.
19.4 Further Information
If a conflict of interest cannot be avoided, we shall inform the Customer in good time before the conclusion of the transaction, clearly and in text form, of its nature and/or sources, so that an informed investment decision can be made.
§ 20 Record-Keeping Obligation (§ 18a FinVermV and § 22 FinVermV)
All telephone or electronic communications relating to the brokerage of or advice on financial investments within the meaning of § 34f para. 1 sentence 1 of the German Trade Regulation Act shall be recorded in accordance with § 18a FinVermV and stored for the period prescribed by law. The same applies to the records and supporting documents required under § 22 FinVermV. This serves to fulfil statutory documentation and evidentiary obligations vis-à-vis supervisory authorities and to protect both contracting parties.
The retention period shall be at least ten years, commencing at the end of the calendar year in which the last recordable event for the respective mandate occurred. The collection, processing, and storage of the recordings shall be carried out in accordance with the EU General Data Protection Regulation (GDPR).
The Customer expressly consents to the recording and storage of this communication. Upon request, the Customer shall receive free copies of the relevant recordings within 15 business days of the date of application, insofar as their disclosure does not impair the rights of third parties. Any restriction of the right to information shall only occur in the cases prescribed by law.
§ 21 Services and Fair Use Policy
21.1 getquin advisory Subscription: Services
The getquin advisory subscription includes advice provided by getquin financial investment advisers by audio-video transmission and by email on ongoing financial planning and portfolio optimisation.
The right to make use of the foregoing services under the getquin advisory subscription exists from Monday to Friday between 10.00 and 18.00 (CET); public holidays in the federal state of Berlin are excluded. The service is offered only within the respective availability of our financial investment advisers. There is no entitlement to ongoing advice from a specific financial investment adviser. We expressly draw attention to our fair use policy (Section 21.2).
Beyond this, the overall scope of the advisory services within the subscription period is not limited.
21.2 Fair Use Policy
Entering into the getquin advisory subscription (see Section 21.1) entitles the Customer, in principle, to unlimited use of the services described. The parties agree that, within this framework, the Customer may nevertheless not make abusive use of the services.
Abusive use exists where the Customer uses the services in a manner that, in the circumstances of the individual case, can no longer be regarded as fair. Subject to any expressly deviating agreement with the Customer, use is abusive in particular where the Customer:
- uses the advisory service with a frequency or intensity that is objectively no longer justified by a typical, fair need for advice, in particular through excessive requests that manifestly exceed the purpose of unlimited advice;
- uses the advisory service to plan, prepare, or carry out unlawful, harmful, or misleading acts; or
- uses the advisory results received to provide services to third parties (whether for consideration or free of charge), resells or disseminates them, integrates them into other products, or otherwise makes them available to third parties.
In the event of abusive use, the Operator may restrict the Customer’s use of the services. The Operator reserves the right to monitor, on the basis of its records, in particular the frequency with which the services are used.
§ 22 Remuneration Provisions
22.1 Remuneration Provisions pursuant to § 12a FinVermV
Remuneration for the financial investment advice and/or brokerage services provided under this contract shall in principle take the form of a fee agreed in advance and payable directly by the Customer (see Section 22.3 in this regard). In addition, commissions from product providers may be received for successful financial investment brokerage.
In the selection of products, care is taken to ensure that commission-free or low-cost products are preferentially recommended or brokered. If no comparable commission-free product is available, the Customer shall be expressly informed of this. Insofar as inducements from third parties (e.g. product providers or cooperation partners) are received, we shall inform the Customer, prior to the recommendation, of the nature, amount, and source of the inducement.
The product concerned shall nonetheless be considered, provided that the inducement is permissible pursuant to § 17 FinVermV, is disclosed, and there is no impairment of the Customer’s interest. In this case, QUIN Technologies GmbH undertakes to provide full transparency regarding the nature, amount, and origin of the inducement and to maintain objectivity in its advice.
The advice is provided independently and in the interest of the Customer’s objectives. Potential conflicts of interest, for example arising from economic relationships with product providers, are disclosed in advance and monitored through internal control processes.
22.2 Handling of Inducements (§ 17 para. 1 nos. 1–2 FinVermV)
Insofar as inducements from product providers or cooperation partners arise in individual cases, such as commissions for the purchase of a financial investment brokered by us, in connection with custody account or broker referrals, or affiliate fees, we shall inform the Customer in writing or electronically of the nature, amount, and source of the inducement prior to the provision of the respective service. All inducements received are documented in the internal conflict-of-interest and inducement register and disclosed upon request. This ensures that advertising or other collaborations have no influence whatsoever on our individual advice and product recommendations.
22.3 Remuneration and Payment Processing
For the getquin advisory subscription, the Customer shall be charged a recurring annual amount of € 499.00 (incl. VAT).
Payment is processed in advance, immediately upon conclusion of the contract and thereafter, subject to termination in the meantime, on a recurring annual basis at the end of each subscription year for the following subscription year. Payment is made via the payment platform selected by the Customer. Payments are processed through external payment service providers. The statutory value-added tax is included in the stated prices and is taken into account directly in the respective payment process.
§ 23 Risk Disclosures
The general and product-specific risk disclosures pursuant to § 13 FinVermV as well as further information on the financial instruments eligible for advice can be found in our separate information sheet “Risks and Characteristics of Financial Investments”.
§ 24 Supplementary Liability Provisions
In addition to the general liability provisions in Section A (§ 14), the following shall apply:
Where the Operator provides services in the form of financial investment advice or financial investment brokerage, the Operator shall not be liable for financial losses incurred by the Customer as a result of, or in connection with, the unauthorised disclosure by the Customer of advisory or brokerage results to third parties. Liability for wilful intent or gross negligence remains unaffected.
C. Special Conditions – getquin Insurance Brokerage
§ 25 Provider and Scope of Activity
25.1 QUIN Technologies GmbH acts as an insurance broker within the meaning of § 34d para. 1 of the German Trade Regulation Act (Gewerbeordnung, GewO).
25.2 This activity comprises in particular insurance brokerage, insurance advice in connection with the brokerage, and the servicing and administration of insurance contracts. Where the Customer makes use of these services, the following provisions apply.
§ 26 Scope of Application
26.1 The Special Conditions – getquin Insurance Brokerage set out in this Section C apply in addition to the General Conditions of QUIN Technologies GmbH set out in Section A, insofar as the Customer expressly instructs us to broker insurance contracts. These Special Conditions constitute a specific supplement for the field of insurance brokerage and do not replace the General Conditions set out in Section A.
26.2 In the event of contradictions between these Special Conditions and the General Conditions set out in Section A, the more specific provisions of these Special Conditions shall prevail within their scope of application.
26.3 These Special Conditions apply to all services and transactions in the field of insurance brokerage that are concluded via our platform, our mobile applications, or in direct contact with us.
26.4 The mere use of the getquin platform or App does not automatically result in the transfer, amendment, servicing, or administration of existing insurance contracts by us under this contract.
§ 27 Subject Matter of the Contract; Our Activities
27.1 Insofar as the Customer instructs us to do so in each case, we advise the Customer on the conclusion of insurance contracts and represent the Customer as an insurance broker vis-à-vis insurance undertakings. Depending on the Customer’s instructions, our activity may in particular comprise the following:
- a) obtaining information on existing insurance contracts,
- b) recording and presenting existing insurance contracts,
- c) advising on insurance needs and insurance cover,
- d) providing information and explanations on the conclusion of insurance contracts,
- e) brokering and concluding new insurance contracts,
- f) amending existing insurance contracts,
- g) terminating existing insurance contracts,
- h) administering brokered or assumed insurance contracts, and
- i) providing support in the event of a claim.
27.2 Insofar as insurance-based investment products are the subject of the brokerage or servicing, our activity may also comprise the statutory assessment of the suitability of such insurance-based investment products.
27.3 All activities are carried out exclusively on the basis of the Customer’s express instruction, consent, and, where applicable, power of attorney, in compliance with statutory requirements.
27.4 We do not accept payments from the Customer to an insurance undertaking, or from an insurance undertaking to the Customer. Statutory social insurance is not the subject of our advice.
§ 28 Existing Insurance Contracts
28.1 The Customer’s existing insurance contracts are covered by our activity only if the Customer has disclosed those insurance contracts and we have expressly assumed the further servicing or administration of the respective contract.
28.2 The display of insurance contracts in the getquin platform or App does not automatically mean that we service or administer those contracts or that we have assumed the broker mandate for them.
28.3 The obligation to administer an individual insurance contract ends as soon as the Customer instructs another insurance intermediary to administer that insurance contract, or the power of attorney granted for this purpose is revoked.
§ 29 Power of Attorney
29.1 Where the Customer instructs us to service, administer, amend, terminate, or broker insurance contracts, the granting of a corresponding power of attorney may be required.
29.2 The power of attorney entitles us in particular to:
- a) obtain information on existing insurance contracts from insurers,
- b) transfer contract data into our systems,
- c) represent the Customer vis-à-vis insurers to the agreed extent,
- d) make or receive declarations of intent within the scope of the respective mandate,
- e) amend or terminate existing insurance contracts to the agreed extent,
- f) prepare or conclude new insurance contracts to the agreed extent.
29.3 The power of attorney may be granted in various ways, in particular:
- a) by digital signature,
- b) by handwritten signature,
- c) via digital processes provided by us or by connected system partners, broker pools, or service providers.
29.4 We are entitled to store the power of attorney and the associated signatures electronically and, insofar as necessary for the performance of the mandate, to pass them on to insurers, broker pools, service providers, or other authorised third parties.
29.5 The specific scope of the power of attorney is determined by the Customer’s respective instruction and by the power of attorney granted in each case.
29.6 The power of attorney may be revoked at any time by the Customer or by us without stating reasons. Revocation must be declared to us in text form (e.g. by email). We shall not revoke at an inopportune time unless there is good cause.
29.7 We assume no warranty for the accuracy and completeness of data we receive from insurers, broker pools, service providers, or other third parties, insofar as we are not responsible for their inaccuracy or incompleteness.
§ 30 Market Basis and Selection of Insurers
30.1 Where the Customer instructs us to broker an insurance contract, we take into account a sufficient number of insurance products available on the market and provide expert advice on the basis of the Customer’s demands and needs.
30.2 Individual insurers, tariffs, or products may be excluded from our brokerage or review, in particular where:
- a) the insurer does not work with insurance brokers;
- b) the insurer is not available via our technical interfaces, broker pools, or cooperation partners;
- c) the tariff is not freely available on the market;
- d) the required information is not available, or not available with reasonable effort; or
- e) legal, technical, or organisational reasons preclude brokerage.
30.3 Should our selection be limited in an individual case, we shall inform the Customer, before the Customer submits their contractual declaration,
- a) of the underlying market and information basis,
- b) of the names of the insurers on which our recommendation is based, and
- c) for which insurers, and whether, we act exclusively.
30.4 Our recommendations take into account in particular:
- a) the demands and needs communicated by the Customer,
- b) the ratio of price to performance,
- c) the scope of the insurance cover,
- d) the quality and stability of the insurer, insofar as this can be assessed on the basis of publicly available information or information accessible to us,
- e) the quality of claims settlement,
- f) our expert assessment.
30.5 A review of the solvency of individual insurers is carried out only insofar as this is possible and reasonable for us on the basis of publicly accessible information, publications of the supervisory authorities, or other reliable sources.
§ 31 Obligations of the Customer
31.1 The Customer is obliged to cooperate insofar as this is necessary for the proper provision of our services.
31.2 In particular, the Customer is obliged to provide all information required for advice, brokerage, servicing, or administration completely, truthfully, currently, and in good time. This applies in particular to information on personal, professional, financial, and risk-relevant circumstances, as well as to all other circumstances that may be relevant to the insurance cover sought.
31.3 The Customer must provide us with the documents required to obtain the insurance cover sought completely, in an organised manner, and in good time.
31.4 If, after conclusion of the contract or during the servicing period, relevant personal, professional, financial, or risk-relevant circumstances change, the Customer is obliged to notify us of such changes immediately and without being prompted, insofar as they may be relevant to the insurance cover.
31.5 Insofar as the Customer’s cooperation is required, in particular in submitting declarations, granting powers of attorney, carrying out identity verification, or providing signatures, the Customer must provide such cooperation without delay.
31.6 The obligations arising directly from the insurance contracts, in particular premium payments, notification and cooperation duties, and compliance with contractual obligations, must be fulfilled by the Customer personally.
31.7 When processing a brokerage request, we can only rely on the facts as described by the Customer. The facts presented by the Customer are assumed to be complete, truthful, and conclusive as the basis for the advice.
31.8 The Customer undertakes not to pass on the results of our advisory or brokerage activities to third parties without our prior consent. Such consent must be given in text form (e.g. by email) in each case.
§ 32 Provisional Cover and Commencement of Insurance Cover
32.1 The Customer must allow us sufficient time to prepare the brokerage of an insurance contract, to obtain the necessary information, and to request quotations from insurers.
32.2 If the Customer requires immediate cover for a risk, the Customer must expressly inform us of this and agree immediate action with us in text form.
32.3 We cannot guarantee that an insurer will grant provisional cover promptly, or accept a risk at all.
32.4 The Customer is expressly advised that, subject to a provisional cover note from the insurer, the commencement of the insurance cover is determined by the insurance contract concluded.
§ 33 Communication and Correspondence
33.1 The Customer is obliged to provide us with the insurer’s contract-related correspondence, insofar as this is necessary for the representation of interests, servicing, or administration requested.
33.2 Insofar as we are instructed to administer an insurance contract, the Customer may conduct correspondence with the insurer through us.
33.3 Documentation of communication with the Customer prepared by us is carried out exclusively in order to fulfil statutory obligations and for documentation, evidentiary, and quality assurance purposes.
33.4 We are entitled to record and store telephone or video conversations, provided that the Customer has expressly consented to this. At the beginning of a conversation to be recorded, the Customer will be informed of the possibility of recording and may grant or refuse consent.
§ 34 Involvement of Broker Pools, Service Providers and Other Insurance Brokers
34.1 We are entitled to involve broker pools, technical service providers, other insurance brokers, or other cooperation partners in insurance brokerage, contract administration, and technical processing.
34.2 This may in particular include blau direkt GmbH, Kaninchenborn 31, 23560 Lübeck, or other comparable broker pools, platform providers, or service providers.
34.3 Such third parties may in particular be involved for the purposes of:
- a) obtaining and processing contract information;
- b) carrying out tariff comparisons;
- c) the technical processing of brokerage procedures;
- d) administering insurance contracts;
- e) communicating with insurers;
- f) documentation and archiving; or
- g) settling remuneration.
34.4 This does not establish a separate contractual relationship between the Customer and the broker pools, service providers, or other insurance brokers involved, unless expressly agreed otherwise.
34.5 This also applies where insurance undertakings name a broker pool, service provider, or other insurance broker as the servicing party, intermediary, or contact person in insurance policies, endorsements, insurance confirmations, or other documents.
34.6 QUIN Technologies GmbH alone remains obliged and entitled under the contractual relationship with the Customer, unless expressly agreed otherwise.
§ 35 Remuneration
35.1 Our services as an insurance broker are generally remunerated by means of brokerage commissions (Courtagen), which are borne by the insurer and may form part of the insurance premium.
35.2 Apart from the obligation to pay the insurance premium to the insurer, the Customer incurs no additional costs for our brokerage and administration activities, unless expressly agreed otherwise. Separate remuneration arrangements may be necessary in particular for commission-free or net-tariff products; however, any remuneration payable by the Customer to us always requires an express agreement with the Customer.
35.3 We shall inform the Customer, prior to the conclusion of the insurance contract, of the amount of the remuneration (brokerage commission) owed to us by the insurer or by third parties. However, we are not obliged to surrender to the Customer any brokerage commissions or other financial benefits received from the insurer.
§ 36 Identity Verification and Special Requirements
36.1 For certain insurance products, in particular insurance-based investment products or other products with an investment component, identity verification or the collection of additional information may be required.
36.2 The Customer is obliged to cooperate in such checks required by law or by contract.
36.3 Without the required cooperation, the brokerage, amendment, or servicing of the respective insurance product may be excluded.
§ 37 Supplementary Liability Provisions
In addition to the general liability provisions in Section A (§ 14), the following shall apply where the Customer makes use of getquin insurance brokerage:
37.1 In addition to Section 14.1, we are liable without limitation for damages arising from a breach of the statutory duties of selection, advice, and documentation pursuant to §§ 60, 61, 63 of the German Insurance Contract Act (VVG).
37.2 We are not liable for financial losses incurred by the Customer as a result of, or in connection with, the unauthorised disclosure by the Customer of advisory or brokerage results to third parties. Liability pursuant to Section 37.1 remains unaffected.
37.3 We are not liable for damages caused by technical faults or events outside our sphere of influence, in particular failures of telecommunications, platform, interface, insurer, broker pool, or IT systems, insofar as we are not responsible for them.
37.4 These supplementary liability provisions apply accordingly to our legal representatives, employees, and vicarious agents.
§ 38 Commencement, Term and Termination of the Contract
38.1 The contract for insurance brokerage, servicing, or administration is concluded for an indefinite period, unless expressly agreed otherwise.
38.2 The contract commences upon the conclusion of our first mandate pursuant to Section 27.1, unless a different commencement date has been agreed. However, we are only obliged to provide services that require representation of the Customer once the power of attorney required for this purpose has been granted in accordance with these Special Conditions.
38.3 The contract may be terminated by either contracting party at any time without observing a notice period.
38.4 We may not terminate at an inopportune time unless there is good cause.
38.5 Termination of a broker contract or revocation of a power of attorney does not affect the validity of insurance contracts already brokered or in existence.
38.6 After termination of the broker contract, we are no longer obliged to service or administer the Customer’s insurance contracts or to inform the Customer of any need for adjustment.
§ 39 Data Protection and Electronic Processing
39.1 We process the Customer’s personal data insofar as this is necessary for carrying out the insurance brokerage, contract administration, communication with insurers, involvement of service providers, fulfilment of statutory obligations, or on the basis of the Customer’s consent.
39.2 Further information on the processing of personal data can be found in our privacy policy.
39.3 The Customer agrees that contract data, powers of attorney, declarations, communication content, and other information relevant to the insurance brokerage may be processed and stored electronically, insofar as this is legally permissible and necessary for the performance of the mandate.