General terms and conditions - prosperity solutions AG

prosperity solutions AG, Feldkircher Strasse 31, 9494 Schaan, Principality of Liechtenstein, commercial register no. FL-0002.333.030-4, acts as an insurance broker and insurance agent within the meaning of the Insurance Distribution Act (Versicherungsvertriebsgesetz, VersVertG) of 5 December 2018 (LGBl. 2018, no.9) and offers its services as an online brokerage platform via an online application.

1. Scope of application, definitions

1.1 Scope of application and definitions

These General Terms and Conditions (referred to in the following as “GTC”) govern the rights and obligations in connection with the use of the services offered by prosperity solutions AG via the online application (referred to in the following as the “App”) and the website of prosperity solutions AG. The services include brokerage of financial services- and insurance products and the possibility to create personal finance- and wealth analyses and are offered exclusively via the App and/or website.

The users of the App and/or the website are those customers who open a user account and conclude a contract via the App or website. prosperity solutions AG itself does not offer any finance- or insurance products; it acts solely as a broker.

The customer consents to these GTC by declaring his/her agreement by means of a “mouse click”. prosperity solutions AG may request the customer to expressly declare its agreement to the GTC at certain intervals or upon certain events, including prior to a final conclusion of a contract.

1.2

prosperity solutions AG is part of the prosperity company AG corporate group, Feldkircher Strasse 31, FL-9494 Schaan, to which the following companies also belong: Liechtenstein Life Assurance AG, Feldkircher Strasse 31, FL-9494 Schaan, prosperity cashtech AG, Feldkircher Strasse 31, FL-9494 Schaan and prosperity solutions GmbH, Liegnitzer Str. 15, 2. Hinterhof, DE-10999 Berlin.

The entire corporate group of the prosperity company AG is referred to in the following as the “Group”.

1.3 Relation to other rules

Any agreements which deviate from these GTC must be set out expressly in a written agreement between prosperity solutions AG and the customer.

2. General provisions

2.1 Registration

To take advantage of prosperity solutions AG’s services, customers need a user account. Customers must identify themselves each time they log on using their user name and their personal password. If a customer does not yet have a user account, he/she will be requested before logging in for the first time to register themselves by entering their data. The customer bears the sole responsibility for the accuracy and up-to-dateness of his data. Furthermore, the customer must handle the access data confidentially and do everything to prevent third parties accessing the user account. All actions taken via a user account are attributed to the respective holder of the user account and are binding upon them. prosperity solutions AG reserves the right to close down user accounts, or modify or remove content if there has been a breach of applicable law, the GTCs or other applicable contractual provisions.

prosperity solutions AG provides the App and website to sell financial services- and insurance products over this platform as a broker. prosperity solutions AG is neither the buyer nor the seller of the services and products offered by third parties and is therefore not the contractual partner in relation to the contract concluded relating to financial services or insurance. prosperity solutions AG does not act as the representative of the product provider. Furthermore, prosperity solutions AG provides an option to create personal finance- and wealth analyses.

The customer only selects a product with binding effect by explicitly confirming the offer (e.g. by clicking on the respective explicitly marked button).

The offers made on the App and/ or the website are aimed at customers with legal capacity who are over 18 years of age and resident in Switzerland, Liechtenstein, Austria, Germany, Italy or France. Customers who are under 18 years of age or who do not have full legal capacity need a legal representative to conclude the respective financial services- or insurance contract.

2.2 Advisory obligations of prosperity solutions AG

prosperity solutions AG will not provide any advice to customers. Therefore, prosperity solutions AG is not liable for any errors in advice given, mistakes etc.

2.3 Prices and payment conditions

All prices on the website and in the App are expressed in the respective national currency.

Payment is done using the payment instruments offered in the App or on the website.

Information on price or product, photos or other information on the website is provided without warranty. Mistakes and technical errors are excepted. Deviations and subsequent amendments are possible and do not establish any claims in favour of the customer. If information was provided by third parties, these third parties bear the sole responsibility for this content.

prosperity solutions AG will be paid for the services it renders by the respective product provider.

2.4 Customer’s obligations

The contractual relationship with prosperity solutions AG does not release the customer from its obligations under the respective financial services- or insurance contract.

The customer must assist prosperity solutions AG, in particular by providing comprehensive information in a timely manner about the relevant or changed circumstances, e.g. about new risk situations or current insurance values.

The customer will not pass on any working documents of prosperity solutions AG, including analyses, concepts etc. to third parties. If prosperity solutions AG incurs damage because of this know-how being passed on, the customer must compensate this damage.

2.5 Termination/revocation

The usage relationship between prosperity solutions AG and the customer may be terminated at any time subject to a notice period of 14 days.

The right to terminate the usage relationship with immediate effect for a compelling reason is not affected. A compelling reason is every circumstance that, according to the principle of good faith, make it unreasonable for the terminating party to be held to the usage relationship until the next appointment for ordinary termination.

The customer may close down its user account by sending a request for closure by email to <a href="mailto:support@prosperity.app">support@prosperity.app</a>.

2.6 Withdrawal

Withdrawal from the financial services- or insurance contract may only be enforced against the respective provider of a product; the statutory provisions on withdrawal apply.

2.7 Guarantees

prosperity solutions AG will ensure the availability of the website and/or App if there are no reasons opposing this. These reasons include the maintenance of the website and/or the App, non-availability due to circumstances which are technical in nature, force majeure, non-availability if (and to the extent that) this was caused by the customer, legal reasons etc.

The customer is aware that prosperity solutions AG provides its services over the Internet and/or by using communication networks. Temporary impairments or interruptions to the rendering of services by prosperity solutions AG may result from technical disruptions or interruptions in communications networks or a failure in IT infrastructure or other parts of the infrastructure used to provide the services. prosperity solutions AG therefore does not provide any warranty for the uninterrupted availability and freedom from errors of its services.

prosperity solutions AG does not provide any warranty for the accuracy, correctness and completeness of the information on the website or App.

2.8 Liability exclusion relating to products

prosperity solutions AG is not a party to the contracts which are concluded between the customers and the providers of products via the website and/or the App. prosperity solutions AG is in no way responsible for the risks of preparing, negotiating and concluding financial services- and insurance contracts and is not liable for any damage which arises therefrom.

2.9 Liability limitation for services of prosperity solutions AG

prosperity solutions AG and any assistants it deploys are only liable for direct damage which arises from their own intentionally or gross negligently committed acts. Subject to provisions of mandatory law, neither prosperity solutions AG nor the assistants it deploys are liable for direct damage caused by slight fault, regardless of the legal basis. The liability of prosperity solutions AG and any assistants it deploys for indirect damage or for consequential damage, including lost profits or earnings, is completely and expressly excluded, regardless of the legal basis. This does not apply to liability for damage due to death, bodily injury or damage to health.

prosperity solutions AG and the assistants is deploys are only liable for those periods of non-availability of the website and/or the App, failures of individual or all website functions and/or App functions or malfunctions of the website and/or App which it causes intentionally or gross negligently. In the case of slight negligence, prosperity solutions AG and the assistants it deploys are not liable for technical problems due to which offers or acceptances are not received or processed, are received or processed with a delay, or which are defectively received or processed. It is possible, due to maintenance works or other reasons, for the App and/or the website to become temporarily unavailable or only be available on a restricted basis; this does not give rise to any claims in favour of prosperity solutions AG.

The customer has the option to contact the provider of the product directly.

2.10 Deployment of assistants

prosperity solutions AG is entitled to deploy assistants to render its services. prosperity solutions AG may deploy partners from Liechtenstein or abroad as assistants. prosperity solutions AG may choose its assistants in its own discretion and may also substitute them as it sees fit at any time.

2.11 Use of personal data and data protection

The customer acknowledges and expressly consents to prosperity solutions AG being entitled to disclose information and personal data concerning customers to other parties within the group and the customer’s respective insurance broker. Information and data concerning the customer will only be disclosed to third parties if this is necessary to carry out the services of prosperity solutions AG.

The customer data is processed according to the principles of Liechtenstein’s data protection law and the EU General Data Protection Regulation. The respective up-to-date privacy notice - to which the customer must consent separately - applies to the contractual relationship with prosperity solutions AG.

The detailed provisions can be found in the privacy policy which is available on the website and/or in the App.

2.12 Intellectual property

The website and/or App, including all content and applications included on it, are the intellectual property of prosperity solutions AG and are protected by copyright. Unless otherwise stated, prosperity solutions AG is the sole proprietor of all rights, title and usage rights in connection with the website and the App. The website and/or the App may only be used in connection with obtaining services under the contract and for the customer’s private purposes. In particular, it is not permitted to copy, scrape, reproduce, modify, link, publish, integrate, connect or otherwise use content. If a user of the website and/or the App should obtain intellectual property rights in content on the App and/or website by any means, it will assign these to prosperity solutions AG.

If a user of the App and/or website infringes the intellectual property rights of prosperity solutions AG, this may result in steps being taken under intellectual property- or competition law. Such infringements result in a contractual penalty of CHF 10,000 per breach becoming payable. Besides the contractual penalty, prosperity solutions AG may also request the circumstances breaching the contract to be remedied and (in any case) compensation for any damage exceeding the contractual penalty.

3. Final provisions

3.1 Non-assignment

The rights under the contracts concluded in relation to the website and/or the App may not be assigned without the written consent of prosperity solutions AG or the respective product provider.

3.2 Written form requirement

If the parties agree on the written form, this requirement is also satisfied by email.

3.3 Changes to the GTC and the services to be provided

prosperity solutions AG may change or supplement these GTC at any time. Furthermore, prosperity solutions AG is entitled to amend the range of services it offers at any time or to discontinue individual or all products or to offer them at different conditions.

The changes and/or additions will be send to the customer by email. If the customer does not declare its rejection of the changes and/or additions within four weeks, the customer is deemed to have consented to the changes and/or additions. prosperity solutions AG must specifically highlight this implicit consent effect to the customer in its offer to change and/or supplement.

3.4 Complaints about insurance brokers

Any complaints about insurance brokers pursuant to Art. 74 Insurance Distribution Act should be directed to FMA Financial Markets Authority of Liechtenstein, 9490 Vaduz, Principality of Liechtenstein. If you have any complaints or feedback concerning our services, please contact:

prosperity solutions AG Feldkircher Strasse 31 9494 Schaan Principality of Liechtenstein hello@prosperity.app

3.5 Severability clause

If individual provisions of this contract are ineffective or void, this does not affect the validity of the remaining provisions. The customer and prosperity solutions AG will agree on an effective provision (“substitute provision”) to replace the ineffective or void provision which comes as close as possible to the spirit and purpose of the ineffective or void provision. This also applies mutatis mutandis to any loopholes in these GTC.

3.6 Legal venue and applicable law

The business relationship between the customer and prosperity solutions AG and any legal disputes arising therefrom are governed by the substantive law of the Principality of Liechtenstein. The Princely Court of Liechtenstein (Fürstliche Landgericht), Vaduz, is the exclusive legal venue for such legal disputes, whereby prosperity solutions AG is entitled to bring an action against the respective affected party at the location of his/her place of residence.