Terms & Conditions

1. Angaben gemäß § 5 TMG

PACEUPinvest GmbH

Address: Julius-Hatry-Straße 1, 68163 Mannheim

Telephone number: +49 174 6898744

E-mail: info@paceupinvest.com

Responsible for the content subject to § 55 Abs. 2 RStV

Rukayyat Kolawole, CFA

Julius-Hatry-Straße 1, 68163 Mannheim

HRB 737805 District Court Mannheim

License Holder: PACEUPinvest GmbH, Financial investment adviser and broker

Registeration Number: D-F-153-4IJW-33

Address: Julius-Hatry-Straße 1, 68163 Mannheim

Telephone number: +49 174 6898744

E-mail: Rukayyat.kolawole@paceupinvest.com

Responsible Supervision

Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)

Graurheindorfer Straße 108

D-53117 Bonn

Tel.: 0228 4108 – 0

Fax: 0228 4108 – 1550

https://www.bafin.de

1.1 Copyright and trademark rights

The texts, images, graphics and the layout of this website shown on this website are subject to copyright. Violations of this will be prosecuted both under civil and criminal law. Duplication of all or part of this website is only permitted with the prior written consent of PACEUPinvest. Individual use does not authorize the transfer of content to third parties. Brand names used on this website are protected, all rights to them belong to the respective brand owners. The copyright for published objects created by the author remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the author’s expressed consent. The website and the PACEUPinvest web application may not be copied or integrated into other websites / web applications, nor may they be sold, rented, lent, distributed or sub-licensed.

Do not use robot, spider, or any other automated data gathering or extraction tools, algorithm, program or methodology to access, acquire, monitor, or copy the Website or any portion of the Website. Do not attempt to disassemble, decipher, or reverse engineer any of the software comprising or any way making up a part of the Website.

1.2 Financial Information Terms of Use

The information on the PACEUPinvest website as well as publications published on our behalf are intended exclusively for private use by natural persons residing in Germany. PACEUPinvest assumes no liability with regard to the fact that the information on this website or in our publications for use in other locations and / or for other services and the investment in capital markets is associated with risks. The value of your investment may go down or up. The invested assets may be lost. Past performance is not an indication of future performance. There is a risk of loss right up to a total loss, particularly in the case of stock exchange commitments. Investment brokerage by PACEUPinvest is currently only available in the Federal Republic of Germany. The documents from and information about PACEUPinvest must not be distributed in other countries.

2. Scope and changes to these terms and conditions

These general terms and conditions apply to the entire business relationship between the customer and PACEUPinvest. The customer can view and download the current version of the terms and conditions at any time from the website www.paceupinvest.com

We reserve the rights to make changes to these Terms at anytime.

3. No Investment Advice

PACEUPinvest provides investment advisory services only to individual who become PACEUPinvest clients pursuant to a written investment advisory agreement. The information provided on the PACEUPinvest platform is not based on an individual check of the customer’s personal circumstances; they are for illustrative or educational purposes only and do not constitute investment, tax, or legal advice. The service offered on PACEUPinvest platform only serves to support the customer in making his own investment decision and to inform him about the essential circumstances of the investment funds. Forecasts or projections of investment outcomes in investment plans are estimates only, based upon assumptions about future capital market returns and economic factors. There is no guarantee that any particular asset allocation or mix of funds will meet your investment objectives or provide a given level of income. Investing entails risks. We are not liable for any action you take or fail to take based on the information you received through the site, Apps or services and specifically we are not liable for any losses you suffer as a result of any such action of inaction.

4. No Access to Investments

When providing the contractual services, PACEUPinvest is not authorized to acquire ownership or possession of the customer’s funds or fund units and / or to carry out withdrawals, transfers or other dispositions from the portfolio to other deposits and / or accounts without the customer’s consent.

5. Order placement and execution

5.1 Placing of Order

The custody account management, transaction processing (purchase, sale, exchange of investment fund shares and so-called rebalancing) and payment transactions as part of the PACEUPinvest offer are provided for the customer by the X. In the case of purchase orders as part of an investing plan, this is done by forwarding the original order, on the basis of which the custodian bank or the fund provider regularly purchases fund units in the requested amount for the customer.

5.2 Execution of Orders

PACEUPinvest does not execute investment decisions made in the name and for the account of the customer, but transmits these orders to the custodian bank. These orders are executed by the custodian bank on the basis of their execution principles. The requirements specified in the selection principles of PACEUPinvest apply. The customer agrees to PACEUPinvest’s execution principles. The customer instructs PACEUPinvest to execute all orders through the custodian bank. The custodian bank executes savings and investment plans for new customers immediately after opening the account and the custody account, and for existing customers, unless explicitly agreed otherwise, on the same day of the month as when it was first carried out or on the next banking day.

5.3 Release

Orders of the customer are binding if they have been placed in the protected area of the website by pressing the corresponding selection button. The issuance is basically based on a legitimation by entering an mTAN, which the customer will receive on request on a mobile device specified by the customer. It is not possible to recall or change orders placed by PACEUPinvest on behalf of the customer after the order has been placed.

5.4 Order Rejection

Except in the cases provided for by law, PACEUPinvest is only entitled to refuse orders from the customer if: – objective reasons in connection with security justify this – there is suspicion of an unauthorized or fraudulent order placement, – there are indications of misuse of the customer account, – There are indications that the customer has given incorrect information about themselves, their status or their economic entitlement, – the customer has sent a blocking notice to the PACEUPinvest platform, – the contractual relationship between the customer and PACEUPinvest has ended, or – that for Use of the PACEUPinvest platform required contractual relationship between the customer and the custodian has ended, – the order execution is contrary to regulatory reasons. In the event that an order is rejected, PACEUPinvest will inform the customer immediately.

6. Automatic rebalancing, reinvestment of distributions

6.1 Disbursement

The customer can have all or part of their assets paid out at any time. Payment can only be made to the stored reference account. To do this, at least three incoming payments from this reference account must have been made over a period of three months. The relevant bank terms must be considered when paying out to the reference account.

6.2 Distributions

Distributions from the investment funds are reinvested. Payments of distributions are not planned.

6.3 SEPA Direct Debit

In order to be able to use the PACEUPinvest platform, the customer needs a SEPA direct debit reference account with a credit institution, which is in their name. This is the reference account for the entire business relationship with PACEUPinvest. Deposits and withdrawals are made exclusively between this reference account and the deposit at X. If the reference account is invalid, no deposits or withdrawals can be made until the customer has given a new, valid reference account at X.

7. Use of the PACEUPinvest’s platform

The customer requires Internet access for online use. By registering with PACEUPinvest, the customer confirms that he has the technical options to be able to view the contents of the PACEUPinvest platform, as well as to be able to save and print documents on his own computer or data medium. The customer must provide his full name and email address when registering. In addition, the customer chooses an access password (hereinafter together with the email address “Access data”). A personal post box is set up for the customer on the PACEUPinvest platform. The customer’s documents are made available via this post box and can be viewed, saved and printed out online. The custodian bank also provides the customer with documents sent through the post box (e.g. custody account statements, securities notifications). PACEUPinvest is entitled to block the customer’s access to the PACEUPinvest platform if: – there are factual reasons in connection with the security of the access data, – there is suspicion of unauthorized or fraudulent use of the access data, – there are indications that the customer has provided incorrect information about himself, his status or his economic entitlement, – the customer has sent a blocking notice to PACEUPinvest, – the contractual relationship between the customer and PACEUPinvest has ended, or – the contractual relationship between the customer required to use the PACEUPinvest platform and the custodian has ended. PACEUPinvest will inform the customer immediately about the blocking.

8. Electronic Communication

Current and prospective customers can contact the company online, by telephone, email and letter mail. The main languages are English and German. PACEUPinvest can offer content and communication in other languages. Orders and instructions from customers are exclusively accepted via the online portal. The customer agrees to electronic communication and so does not send documents by post. However, PACEUPinvest is entitled to deliver documents generally or in individual cases by post, if postal delivery is necessary due to legal requirements or if PACEUPinvest considers this to be appropriate, taking into consideration the interests of the customer.

9. Power of attorney for PACEUPinvest

In order to ensure that correspondence runs smoothly and smoothly, PACEUPinvest is authorized to receive all information and documents that the custodian bank, the fund company or other service providers provide for the customer. PACEUPinvest is obliged to provide the customer with the information and documents it has received immediately in its PostBox or via email.

10. Status changes of the customer: Beneficiaries

Politically exposed persons within the meaning of the Money Laundering Act (hereinafter: PEP) and US persons within the meaning of the US Security Act 1933 (hereinafter: US citizens) are not allowed to receive investment offers from PACEUPinvest. In this respect, the customer’s PEP status and US citizen status are queried when registering on the PACEUPinvest’s platform. A contract is excluded, as is the continuation of an existing contractual relationship if the customer is a PEP or a US citizen. If, after the conclusion of the contract, circumstances arise that could make the customer a PEP or US citizen, the customer is obliged to notify PACEUPinvest immediately.

11. Fees and costs

PACEUPinvest receives a flat fee for the service provided, which is calculated based on the value of the client assets under management. The fee, which can be viewed at any time on the paceupinvest.com website, includes both the services of PACEUPinvest and the banking services of X that are relevant in the context of asset management. Unless otherwise specified in the price / service schedule, fees owed are due at the end of a calendar month. The remuneration in the form of a service charge is calculated as a percentage of the exact daily portfolio holdings calculated per calendar month and is due in instalments on a monthly basis. The corresponding amount of the service fee is collected by the custodian bank by selling fund units from the customer’s custody accounts; the fund units to be sold for the collection of the service fee are selected by PACEUPinvest at its reasonable discretion in the best customer interest. If a deposit is closed during the year or if all the shares held in the deposit are sold or transferred, the service charge is calculated and charged at the time the deposit is closed, the entire sale or transfer is carried out. Service fees are always collected by the custodian bank by selling shares. The customer will be notified of changes to the price / performance schedule in text form at least eight weeks before the proposed date of coming into effect. The customer can object to the changes in text form within eight weeks of receipt of the change notification. If the customer does not object in time, the changes are considered approved. The customer will be particularly informed of this approval effect and the deadline for the objection in the change notification. Income from assets and profits from the sale of assets are generally subject to tax and / or duty. These taxes and / or duties are to be borne by the customer. If there is no or no sufficient exemption order or no non-assessment certificate available in good time, i.e. at least 3 months before the due date, the custodian bank may pay any taxes due.

12. Cooperation obligations of the customer

All information on the customer's financial situation and on her personal data must be provided truthfully and completely. It is obligatory for the customer must immediately notify PACEUPinvest of changes to their personal data (in particular name, address, email address, account details).

The correctness, completeness and up-to-datedness of the information is particularly important for the conclusion of the asset management contract and the opening of the securities account in order to comply with all the necessary legal requirements.

The customer’s account must not be used for illegal purposes, fraud or money laundering. Customer must keep their password private and it is recommended not to use same password for other services and to change the password regularly. If there is any suspicion of abuse of the customer account, PACEUPinvest must be informed immediately.  

The customer is responsible for informing themselves about the respective contractual provisions of the other service providers involved, in particular the custodian bank and the fund provider.

Orders from the customer must be clear and unambiguous. Care must be taken to ensure there are no transmission errors, misunderstandings or mistakes. If confirmations from PACEUPinvest deviate from the customer's orders, the customer must this out immediately.  

13. Liability

Despite the greatest possible care with regard to the content of the website and the PACEUPinvest web application, PACEUPinvest assumes no liability for the correctness, completeness and topicality of the content.   

PACEUPinvest, its officers, affiliates, agents, or any data provider or service provider will be not be liable for any indirect, incidental, consequential, special or punitive damages, loss of business revenue or lost profits, whether in an action under contract, negligence or any other situations arising out of:

  1. your use of inability to use the service

  2. your reliance on any content

  3. According to the statutory provisions, PACEUPinvest is liable in cases of wilful intent or gross negligence on the part of PACEUPinvest. In the event of injury to life, limb and health, liability remains in accordance with the general statutory regulations.

PACEUPinvest is only liable in the event of a culpable breach of essential contractual obligations. In addition to the contractual services, essential contractual obligations also include obligations, the fulfilment of which enables the proper execution of the contract in the first place and which the customer can trust to be observed. 

The customer is aware that the investment is subject to various risks (in particular price fluctuation and price loss risk, credit and issuer risk, exchange rate risk, interest rate risk). PACEUPinvest generally receives the sales documents, key investor information as well as advertising material and other, legally required information on the investment units from the capital management company managing the respective investment fund or from other third parties for the purpose of passing them on to the investor. PACEUPinvest is not liable for the fact that these documents are complete, correct, not misleading or not outdated.

PACEUPinvest is not liable for the content and / or the effectiveness of the contracts concluded between the customer and the cooperation partners, nor for the successful conclusion of the contract. PACEUPinvest points out that when using software, technical errors that can lead to damage cannot be ruled out. The responsibility for linked external content does not lie with PACEUPinvest, but with the operator of the linked website. PACEUPinvest assumes no liability for the completeness, topicality, correctness and / or legal compliance of this external content. The usage agreements of the external providers apply

14. Term of the contract- Termination

This contract is indefinitely. The contract can be terminated by the customer at any time without a notice. PACEUPinvest can terminate the business relationship at any time with a notice of at least one month. PACEUPinvest can also refuse to conclude a contract with the customer without giving reasons. Termination must be in text form (e.g. by letter, email) or via PACEUPinvest’s platform. Asset management contract remains in situ for the customer’s heirs or next of kin (as prescribed by the customer) even after the death of the customer. Depending on the number of heirs or executors, PACEUPinvest is only obliged to action any correspondence with a joint representative of the heirs or one executor to be appointed by them. The right to terminate the contract without notice for important reasons remains unaffected by this.

With the termination of the contract, all benefits that are granted to the customer on the basis of this contractual relationship in relation to the custodian bank and other integrated service providers will lapse. In particular, there is no exemption for payment of bank fees to the custodian bank for custody account management; the amount of the bank fees to be paid by the customer is then based solely on the agreements between the customer and the custodian.

15. Disclaimer of Warranties

PACEUPinvest provides all products, services, and information to you without any warranty. Neither PACEUPinvest nor any third-party supplier provides warranties as to the accuracy, adequacy, timeliness, quality, non-infringement or title of any products, services of information provided by you.

16. Performance

Forecasts or projections of investment outcomes in investment plans are estimates only, based upon assumptions about future capital market returns and economic factors. PACEUPinvest cannot guarantee the achievement of the forecast performance or the expected return or the achievement of the specified (historical) average return for the future. Forecasts are not a reliable indicator of future performance. The customer acknowledges that the forecasts made within the PACEUPinvest platform can turn out to be wrong.

17. Right of Withdrawal

The customer can cancel their contract declaration within 14 days without giving a reason by means of a clear declaration. The period begins after receipt of this instruction, but not before the contract is concluded and also not before our information obligations are fulfilled in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation in good time. The cancellation/revocation must be sent to: PaceUP invest GmbH, Julius-Hatry-Straße 1, 68163 Mannheim, support@paceupinvest.com. In the event of an effective cancellation, the services received on both sides must be returned and any benefits (e.g. interest) drawn up must be surrendered. If the customer is unable or partially unable to return or return the received service and uses (e.g. benefits of use) or only in a deteriorated condition, the customer must compensate for the value. This can lead to the customer nevertheless having to fulfil the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the customer when the cancellation notice is sent, for PACEUPinvest upon receipt. The right of withdrawal expires prematurely if the contract is fully fulfilled by both sides at the express request of the customer before the customer has exercised the right of withdrawal. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the customer when the cancellation notice is sent, for PACEUPinvest upon receipt

18. Data Protection

18.1 Privacy Policy

The protection of your personal data is very important to us. We handle your personal data carefully, responsibly and strictly confidentially in compliance with the applicable statutory data protection regulations, in particular the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG2018). With this data protection declaration, we explain to you how we, PACEUPinvest GmbH Julius-Hatry-Straße 1, 68163 Mannheim (hereinafter also “PACEUPinvest”, “we”, “us”), process your personal data when using this website . This data protection notice applies to data processing in conjunction with the use of this website by us as the person responsible for data protection within the meaning of EU General Data Protection Regulation (“GDPR”). In the following, we explain to you what data we collect when you use our website, for what purpose and how we use this data and what rights you have. Please note that our website may contain links to websites of other providers, on which we have no influence and for which this data protection declaration does not apply.

18.2 Use and Forwarding of your data

We process certain data that we receive in connection with the use of our website. We process your personal data in accordance with the GDPR and restricted to the necessary extent and only to the extent that this is necessary to provide a functional website and our content.

18.3 Electronic Storage

The data are stored electronically by us and forwarded and processed either electronically or in paper form for the purpose of fulfilling contractual rights and obligations. We are allowed to keep records of phone calls, email and chat traffic with the customer within the framework of the statutory provisions. The customer has the right to be informed at any time about the type and scope of his stored personal data and to request the immediate deletion of his data, unless there are legal regulations to the contrary.

18. Other Provisions

German law is applicable to the contractual relationship between PACEUPinvest and its customers. If the customer does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of PACEUPinvest. The same applies if the customer is a businessman and the dispute is attributable to the operation of his trade. Should one or more provisions of this contract be or become invalid, this does not affect the validity of the remaining provisions.