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Convenience Translation: These Terms of Service & Cancellation Policy are presented in English for your convenience. The authoritative, legally binding agreement under German law (BGB) is set forth in the German version below.

Terms of Service & Cancellation Policy

Including Statutory Consumer Withdrawal Rights & Model Cancellation Form

§ 1 Scope and Provider

(1) These Terms of Service ("Terms") govern all contracts concerning the use of the software, datasets, and platforms of EMGENA (emgena.com) between the provider:

Gerd Schumacher (Sole Proprietorship)
Winkelweg 33A, 59514 Welver, Germany
Email: support@emgena.com · Phone: +49 (0) 2384 9411220
VAT ID: DE319496288

(hereinafter "Provider") and the customer (hereinafter "User"), whether the User is a consumer (Section 13 German Civil Code, BGB) or a business entity (Section 14 BGB).

§ 2 Subject Matter of Services

(1) The Provider operates a cloud-based Software-as-a-Service (SaaS) platform encompassing algorithmic crypto market analysis tools, dashboards, synthetic AI training datasets (Emgena AI Labs), and everyday utilities (Egg Timer).

(2) No Financial Services: All software modules and consensus indicators constitute technical software tools only. The Provider does NOT provide investment advice, brokerage, or asset management. The User acts on their own sole responsibility.

(3) Non-Custodial Architecture: The Provider never holds or custodies user funds, currencies, or crypto assets. All operations occur via user-provided, strictly withdrawal-disabled API keys.

§ 3 Registration, Contract Formation & Waitlist

(1) By registering an account or purchasing an active plan/dataset, the User submits a binding offer to enter into a contract. The contract is concluded upon account activation.

(2) Early Access Waitlist: Where a module (such as the OCTA-CORE Bot) is marked as "Training Phase", registration constitutes a free, non-binding reservation on the VIP waitlist. Paid subscription charges only become effective after explicit rollout and plan activation.

§ 4 Pricing & Payment Terms

(1) All stated prices are in Euro (€) and include statutory value-added tax (pursuant to German PAngV regulations).

(2) Subscription fees are due in advance at the start of each billing period (monthly).

§ 5 Term & Termination

(1) Monthly subscription plans may be terminated at any time effective at the end of the current billing month directly in the user dashboard or via written notice to support@emgena.com.

§ 6 STATUTORY WITHDRAWAL INSTRUCTIONS FOR CONSUMERS

Right of Withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Gerd Schumacher, Winkelweg 33A, 59514 Welver, Germany, Email: support@emgena.com, Phone: +49 (0) 2384 9411220) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal:

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

§ 7 Premature Expiry of the Right of Withdrawal for Digital Content

Pursuant to Section 356 (5) BGB, in the case of contracts for the supply of digital content not supplied on a tangible medium (e.g. dataset downloads, code packages), the right of withdrawal expires if the Provider has begun performance of the contract after the consumer has expressly consented to the Provider beginning performance before the expiry of the withdrawal period, and confirmed their acknowledgment that they lose their right of withdrawal.

§ 8 Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To:
Gerd Schumacher
Winkelweg 33A
59514 Welver, Germany
Email: support@emgena.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):

Ordered on (*)/received on (*): ________________________________

Name of consumer(s): ________________________________

Address of consumer(s): ________________________________

Signature of consumer(s) (only if notified on paper): ___________________

Date: ____________________

(*) Delete as appropriate.

§ 9 Risk Warning & Self-Responsibility

Trading cryptocurrencies carries significant risk of total capital loss. The Provider gives no guarantee of profits or specific returns. Backtest results are theoretical simulations.

§ 10 Limitation of Liability

The Provider is liable without limitation for intent, gross negligence, and injury to life, body, or health. For slight negligence, liability is limited to typical, foreseeable contractual damages (cardinal duties).

§ 11 Applicable Law & Jurisdiction

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Stand / Updated: September 2026 · EMGENA · Gerd Schumacher · All rights reserved.