sentix Terms of use

16 August 2010

Services in the sense of these terms of use include all data and indices derived from the surveys as well as other products, analyses, comments, web content, web services and services provided by sentix.

Please read these conditions carefully. If you have any questions, we will be happy to answer them. Please send us an e-mail to support@sentix.de

These terms of use regulate the contractual relationship between you (also called "participant" or "customer") and sentix GmbH (also called "sentix").

This document is based on an automatic translation tool. In case of doubt or incorrect translation, the German version of this document is always decisive for any legal interpretation.

Participation in the surveys

The survey is basically open to everyone. Registration for the survey does not create an obligation to participate. The registered participant agrees to be added to a mailing list and notified at the start of the survey. The sentix GmbH is not liable for a missed or delayed access of the notification e-mails. The registered participant can also log in via the "My sentix-Portal" and participate in the open survey via a link visible there.

sentix GmbH is permitted to reject registrations to the surveys or services without giving reasons. By registering and using our offer, the participant accepts these terms of use and participation.

Classification of participants

Sentix distinguishes between institutional investors and private investors. All registration information, in particular that of the institutions, will be checked. Institutional investors are understood to mean:

securities analysts
proprietary trading traders (banks, major investors)
sales for Institutional Clients
funds managers
money manager
economists
other participants with institutional background

All other persons are private investors, even if their capital market activities are of a professional nature.

Enrolment

To register for the surveys and the use of extended data and services, registration on the Internet is required. Personal data will be requested upon registration. The language code and the country assignment control the sentix offer, the access to services and the menu navigation. All data, with the exception of the selected user ID, can be changed at any time in the "My sentix - Portal". A registration is only complete after confirmation of the e-mail address used.

When registering, the user decides whether he wants to actively participate in the surveys (sentix Community) or use the paid service (sentix Comfort).

Termination of participation

Every registered participant has the possibility to unsubscribe at any time. You can find the function in the My sentix portal. There is also no obligation to participate in the surveys. However, the sentix services may be bound to an active participation, so that in case of non-participation no access to sentix services can exist. Any previously paid-in credits will be refunded on request. For this purpose, the participant must provide a domestic bank account or a Paypal address.

Should the e-mail address used become invalid in the course of use, the participant can no longer be reached by sentix. In this case sentix GmbH is entitled to cancel the registration of the participant. Any existing authorizations or advance payments expire as a result. If sums of money have been prepaid, the corresponding statutory limitation period shall come into force with the closure of the participant account. Participants have the option of reclaiming prepaid amounts in writing, stating a domestic bank account or a Paypal account. sentix GmbH is entitled to amounts that are not reclaimed during this period. All participants are therefore requested to ensure that they can be reached at any time via e-mail and to make their valid e-mail address known to sentix GmbH on the My sentix portal in good time.

Survey period

The survey is conducted weekly, usually on Thursday evening / Friday morning. The survey is generally open until the following Saturday, 5 p.m. (all times CET/CEST). These times may change due to holidays or a decision by sentix. There is no legal entitlement of the participant to conduct a survey at a certain point in time.

In addition, special surveys are conducted on special occasions.

Each registered participant receives an e-mail at the start of the survey in which he or she is asked to submit his or her assessments. The email contains a link to a website with the survey script. At the end of the survey, the results are evaluated and made available to all participants in the respective survey promptly on the sentix website. This is usually done by 08.00 a.m. at the latest on the next working day after the end of the survey. The scope as well as the way in which results are determined and communicated are at the discretion of sentix GmbH.

Publication of the results

All data, information and services provided by sentix are only intended for distribution and use in countries where this is permitted by law. By retrieving information from our website, the participant confirms that he/she is entitled to retrieve the information in his/her country.

All participants in the current survey will receive a short comment with the results message. This is provided on the homepage www.sentix.de in electronic form, usually in HTML or PDF format, or via a newsletter. All registered sentix participants will receive an e-mail notification. sentix GmbH shall determine the type and scope of the notification of results or short comments at its own discretion. In particular, there is no legal claim to publication of results or comments based on past practice.

Individual indices, data series or results of special surveys can be excluded from the general publication of results or assigned a transmission blocking period. Indices and data series determined by sentix and derived from the survey surveys can be licensed by sentix to third parties as part of paid offers. Care is taken to ensure that the indices always come from such a large sample that no conclusions can be drawn about individual persons or opinions.

The sentix GmbH is not liable for late or not received e-mails. All information is available for the participant on the sentix website according to this schedule. From its point of view, sentix GmbH will do everything in its power to carry out a prompt evaluation and preparation of results. The sentix GmbH is dependent on an active participation of the registered persons as well as a multitude of technical factors. For this reason, sentix GmbH is not liable for late or missing data collection, data preparation, index calculation and commentary.

Offer with costs

Additional services that go beyond data preparation and short commentary may be subject to a fee. The corresponding user fees can be charged once or regularly by sentix GmbH. The user will be separately informed of any costs that may be incurred. The use of offers with costs requires an additional written or electronically confirmed agreement. Services that cannot be provided due to technical or other malfunctions will not be invoiced.

sentix reserve

Access to individual services and data and the prices for these services can also be linked to regular participation. This includes the number of times each participant has participated in the last surveys (for details see document sentix Plus). Calculated key figures can provide the subscriber with extended or discounted access to the sentix services. So your active participation is worth it and worth the money! However, the "sentix Voting Balance" or "sentix Reserve" does not represent a monetary compensation and cannot be refunded. The conditions for determining the key figure can be changed by sentix GmbH at any time without prior notice.

Data quality

The special quality of sentix data is ensured by the following measures and framework conditions, among others:

Automation of survey collection
High number of participants
Prompt publication of the results
Verification of the registration data of institutional participants
Possibility to indicate "no opinion" for individual questions

A possible quality problem can arise if the vote is deliberately cast incorrectly. This cannot be ruled out. If there are obvious wrong entries, sentix will remove them from the data set within the scope of quality assurance. Incidentally, the participants harm themselves by incorrect entries, as the results would not be usable or only to a limited extent. Our experience to date does not indicate any significant falsification of the data. However, it is pointed out that on the part of the operator a deliberate incorrect entry can only be distinguished from a real expression of opinion in extremely exceptional cases! Should participants repeatedly make deliberate false entries in order to manipulate the results, sentix GmbH has the right to cancel the registration of the participant.

Data rights and copyright regulations

All rights of use to the sentix internet offers, data and services are the property of sentix GmbH and are protected by copyright. sentix GmbH reserves the right to punish infringements of copyright and unauthorised use of data and services, in particular unauthorised commercial use. Reproduction or further processing of website elements, analyses, data or services in electronic, written or other form is prohibited without the prior consent of sentix GmbH. Analyses that are only accessible in the protected customer area may not be quoted - not even in extracts. This does not apply to analyses, data and services provided by sentix GmbH via press distribution lists or in any other way aimed at public dissemination.

Contents of the sentix website (including the source code and other software) may not be changed, copied, republished, distributed or stored. The offered material may only be used for private, non-commercial purposes under strict consideration of copyright, unless otherwise agreed between you and sentix. Reproductions, uses and changes of any kind as well as the passing on in data processing systems, networks or the passing on of the data to third parties require the prior written approval of sentix GmbH. This also applies to parts of the information or messages.

When linking to contents of sentix a representation of the same in a frame structure is prohibited. Likewise, the inclusion of links to sentix on websites with right-wing extremist content, illegal or immoral Internet offerings shall be prohibited.

Participants in the survey are not entitled to exclusive communication of the results or to assert any rights to the data or to demand the electronic provision of the data. By voting sentix GmbH receives the right to the data and can use them exclusively and without any legal obligation towards the participant. Participation in the survey is voluntary. Each participant has the right to join or leave the survey at any time.

sentix GmbH is entitled to the unrestricted rights of use and exploitation of the word mark "sentix" registered at the German Patent and Trademark Office under the registration number "30353751.5". Any use of the word mark "sentix", the sentix logo or the sentix charts must be notified to sentix GmbH and approved before use. It is authorized in the name of the owners to authorize a use in word, picture and writing.

Non-commercial use

The sentix data and results are made available for internal, private and non-commercial use upon participation. The provision of historical time series is a voluntary service that can be discontinued or restricted at any time.

Commercial Use

If the data is not obtained via an authorized database interface (e.g. Bloomberg), commercial use of data or services requires a separate license agreement. If you are interested in this, you can purchase licenses from the copyright holder.

Important note: If you use graphics based on authorized sentix time series or otherwise authorized sentix material in your research publications, you grant us permission by this action to publish the use as reference address on our homepage! A corresponding publication is only permitted without the prior consent of sentix GmbH if a commercial use is licensed.

Data privacy

sentix GmbH assures the participants of the survey discretion. For example, your personal assessments (with the exception of data from the current survey) are only stored if you expressly request this ("voting history"). The possibility of a personal data history is basically deactivated and can only be activated in the My sentix portal by the respective user. This gives the sentix user the opportunity to view his historical survey behaviour and thus to check his own investment behaviour. Furthermore, sentix stores the assessments of the participants in an anonymous form that does not allow any conclusions to be drawn about the participant.

Furthermore, it will not be published who takes part in the survey. In order to prevent double voting, only the submission of assessments is registered. This ensures that voting is taken into account in the sentix voting balance. sentix GmbH reserves the right, in addition to a separate evaluation according to institutional and private investors, also according to other criteria, for example the country code.

The data collected by sentix will only be stored for own purposes, the fulfilment of contractual obligations, to secure evidence about the use of data and services and to determine the results for the data and services offered by sentix. Of course, personal data will not be passed on to third parties. Aggregated data are published by sentix GmbH in the form of indices and licensed to third parties within the scope of fee-based offers. It is not possible to identify individual users, votes or personal data. sentix GmbH informs all participants of the survey that the data can also be used by licensees for trading purposes. The regulations of the Federal Data Protection Act (BDSG) and the EU Data Protection Ordinance (EU-DSGVO) are observed.

You can find our comprehensive data protection declaration here: Information and regulations on data protection.

Important information on liability, compliance and investor protection

The sentix data, services, analyses and comments represent neither investment advice nor an invitation to buy or sell securities. The survey and the results of the survey are for information purposes only and in no way constitute an invitation to dispose of assets. Accordingly, the data and services are neither subject to MiFID nor to regulation or supervision by BaFin. The information provided by sentix is only intended for distribution in those countries where this is permitted.

By using this site no consulting and / or information contract is concluded with sentix GmbH.

The operator of this website is not liable for any losses or lost profits arising from the purchase or sale of securities. The operator is not liable for missing data or data delivered too late.

sentix GmbH points out that stock market exposures are generally associated with risks. The total loss of the invested capital cannot be excluded. Before making any investment decision, the user should therefore seek detailed personal advice from experts, especially with regard to his or her individual asset and investment situation.

sentix GmbH expressly points out that sentix GmbH, its legal representatives and their employees (hereinafter referred to as participants) regularly carry out transactions in securities and other financial instruments referred to in data and services. They do this both in their own name and for their own account and in the name and for the account of third parties. If the participants were involved in the issue of financial market instruments in the last 12 months, this will be pointed out separately at the appropriate point. Statements or statements made in data or services do not contain any assurances or guarantees about future market or price changes. The opinions and assessments expressed therein may change without prior notice.

sentix GmbH assumes no responsibility and gives no guarantee that the services or the data provision are continuously available or error-free, that errors are corrected or that the Internet offer and/or the respective server are free of viruses or harmful components. However, sentix GmbH will take measures to prevent this - as far as technically feasible and appropriate.

All information contained on this site is based on sources which sentix GmbH considers reliable. Nevertheless, liability for financial losses that may result from the use of the information for the user's own investment decision is excluded. Furthermore, sentix GmbH assumes no liability for the correctness, completeness and topicality of the information and data contained on this site.

Reference to links to other websites and external references

The sentix GmbH has placed links on its Internet offers to pages in the Internet whose content and updating are not subject to the sphere of influence of sentix. The following applies to all these links: sentix GmbH has no influence on the design and content of external Internet pages. sentix GmbH therefore expressly distances itself from the material of all third party internet web sites, even if sentix GmbH has provided a link to these external sites. No liability is assumed for third-party content. Should sentix GmbH become aware of the illegality of external offers, these links will be removed immediately. Since web presences are generally historized in archives or in search engines (caches), sentix has no influence on when such links finally no longer lead to these unwanted contents. This declaration applies to all links displayed in data and services.

The quotes on the sentix websites are not current real-time quotes. sentix assumes no liability for the accuracy of this market price information.

Note on trademarks used

"sentix" is a registered trademark of Manfred Hübner and Patrick Hussy.

DAX, TecDAX, Xetra and Eurex are registered trademarks of Deutsche Börse AG. Dow Jones EURO STOXX 50 is a registered trademark of STOXX Limited. Other names of products and companies, which may be mentioned on this site, may also be protected or trademarks of other companies.

Applicable law / place of jurisdiction

All legal relations between sentix GmbH and the user are exclusively subject to the law of the Federal Republic of Germany. If permissible, Frankfurt am Main is agreed as the exclusive place of jurisdiction for all disputes arising from this user relationship.

Severability Clause

Should individual provisions of these terms of use be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to its economic purpose. The same applies to a contractual gap.

Status: May 4th, 2018