Terms of Use / EULA

Terms of Service

As of 16 September 2026

Between:

Bayomi UG (haftungsbeschränkt), Winterhuder Weg 31, 22085 Hamburg, Germany, Commercial Register HRB 199083 Local Court Hamburg, represented by Managing Director Jonathan Jakob Greiter

(hereinafter “Provider”)

and:

The User of the Products (hereinafter “User”)

§ 1 DESCRIPTION OF SERVICES AND DELIMITATION

(1) The Provider provides market information in the form of signals and analyses (“Products”) via the VISION ALERTS iOS application, the VISION ALERTS web application and Discord. The Products are general market information addressed to all Users alike and are not tailored to the individual circumstances of any User.

(2) The information provided does not constitute investment advice, investment recommendations, or investment strategy recommendations within the meaning of applicable securities or market abuse laws. It is solely the neutral presentation of market data, which the User must interpret and evaluate at their own responsibility.

(3) The Provider does not provide any financial services within the meaning of applicable banking or securities laws. In particular, no individual advice is provided taking into account the User's personal circumstances.

(4) The Provider makes no promises, guarantees, or assurances regarding the completeness, accuracy, or suitability of the presented market information for specific trading decisions. Past market situations do not allow any conclusions to be drawn about future developments.

§ 2 ACCESS REQUIREMENTS – USER DECLARATION

(1) Upon conclusion of the subscription, the User irrevocably declares that they cumulatively meet the following requirements:

a) The User acts exclusively in the course of their commercial or independent professional activity and not as a consumer.

b) The User has sufficient knowledge and experience in the trading of financial instruments to be able to properly understand, classify, and independently evaluate the market information provided by the application.

c) The User is able to bear the economic risks associated with trading financial instruments, in particular the risk of a total loss of the capital invested as well as any additional losses.

d) The User acts solely on their own responsibility and on their own initiative when using the application. They are aware that the Provider does not at any time provide advice or recommendations tailored to their individual circumstances.

(2) The Provider is not obliged to verify the User's statements. The User is solely responsible for the accuracy of their declarations.

§ 3 EXCLUSION OF USERS RESIDING IN GERMANY

(1) The Products are not offered to persons or companies resident or established in Germany.

(2) Upon conclusion of the subscription, the User declares that they are neither resident nor established in Germany.

§ 4 RISK WARNINGS

(1) Trading in financial instruments can lead to significant losses. With leveraged products such as futures and CFDs, losses can exceed the capital invested. Trading can lead to a total loss of the capital invested.

(2) The market information presented by the Provider is based on data from third parties. The Provider assumes no warranty for the accuracy, completeness, or timeliness of this data.

(3) The User makes all trading decisions at their own responsibility. The Provider is not liable for damages arising from the use of the provided market information, unless such damages are based on intent or gross negligence on the part of the Provider.

(4) No Guarantee of Success: Past market situations do not allow any conclusions to be drawn about future developments. The Provider makes no promises, guarantees, or assurances regarding the completeness, accuracy, or suitability of the presented market information for specific trading decisions.

(5) Strong Recommendation for Demo Testing: The Provider strongly recommends that the User test the provided information on a demo account first before deploying live capital.

§ 5 SUBSCRIPTION AND CONCLUSION OF CONTRACT

(1) The contract is concluded when the User selects a subscription model (“Subscription”) on Whop or via a mobile application distribution platform (in particular an app store) and the payment is successfully executed.

(2) Immediately after successful payment, the User can sign in to the VISION ALERTS iOS application and web application and access the Products. The Provider may, but is not obligated to, send a confirmation to the email address provided at the time of purchase.

(3) The User does not acquire permanent ownership of the Products, but only the right to use them during the active subscription period.

§ 6 USAGE RIGHTS AND ACCESS

(1) The Provider grants the User a simple, non-transferable, non-sublicensable right to use the Products. The User may be signed in on a maximum of two (2) devices at the same time.

(2) Access to the Products is linked to an active subscription. The Provider verifies the subscription status automatically. If the subscription is no longer active, access ends. Any circumvention of this access control is prohibited.

(3) The Products are provided “as is”. The Provider assumes no warranty for continuous availability insofar as technical disruptions are beyond the Provider’s control (e.g., outages of app stores, push notification services, hosting or data providers, Discord or Whop).

§ 7 SUBSCRIPTION MODELS AND PAYMENT

(1) The Provider offers various subscription models (“Subscriptions”) for the use of the Products. The available subscription models (including duration, notice periods, prices) can be viewed on the product page on Whop and on the Provider’s website. The Provider reserves the right to change, discontinue, or introduce new subscription models at any time; already concluded subscriptions remain unaffected by such changes. Prices exclude taxes, which may be added at checkout depending on the User’s country.

(2) Payment processing is carried out exclusively through Whop’s payment service providers (currently Stripe, Inc.). Whop acts as the “Merchant of Record,” i.e., Whop is the seller shown on account statements and payment receipts. The Provider has no influence on payment processing, the approval of payments, or the collection of payment information. For purchases via an app store, payment is processed by the respective app store operator under its terms.

(3) In the event of default of payment, chargeback, or justified dispute in the Whop Resolution Center:

• Access to the Products will be deactivated with immediate effect.
• The User loses any right to further use.
• Already paid amounts will not be refunded (see §8).
• The Provider is entitled to recover the incurred fees (currently a flat $15 per chargeback as well as any penalty fees from payment service providers) from the User in the case of unjustified chargebacks.

(4) The Provider and Whop reserve the right to terminate the User’s subscription extraordinarily and prohibit further use of the platform in the event of repeated defaults of payment or a dispute rate of more than 2% within 90 days.

§ 8 REFUNDS AND WITHDRAWAL

(1) Due to the digital nature of the Products, there is no right to a refund of already paid amounts.

(2) The User may cancel their subscription at any time with effect from the end of the current subscription period. Access remains active until the end of the paid period.

(3) Where a statutory right of withdrawal applies, it expires as soon as the Provider has begun performance of the contract. The Provider begins performance immediately after receipt of payment by providing access to the Products. The User expressly agrees to this early commencement.

(4) Refunds for purchases via an app store are handled exclusively by the respective app store operator under its policies.

§ 9 TERMINATION

(1) The User may cancel the subscription at any time with effect from the end of the current subscription period.

(2) Otherwise, the statutory provisions on termination remain reserved.

§ 10 PROHIBITION OF TRANSFER

(1) The User is not entitled to copy, lend, rent, sell, or make their access to the Products publicly available.

(2) The transfer of access or the provided information to third parties is prohibited.

(3) Sharing login credentials with third parties (including family members, friends, or other third parties) is prohibited. In the event of a violation, the User loses their right to use the Products without any claim for refund of already paid amounts.

(4) In the event of misuse, including but not limited to:

• Use of the Products on more than the permitted number of devices
• Transfer of access to the Products or Discord community to third parties
• Sharing or redistribution of signals, analyses, or other content received via Discord or the Products to unauthorized persons

The Provider may, without prior notice:

• Deactivate the User's access
• Remove the User from the Discord community
• Terminate the Subscription with immediate effect

No refund will be given for already paid amounts in such cases.

§ 11 GOVERNING LAW AND DISPUTE RESOLUTION

(1) All legal relationships between the User and the Provider shall be governed by the laws of the State of Delaware, United States of America, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Consumers retain the mandatory protective provisions of their country of residence.

(2) For Users who are not consumers (B2B): The exclusive place of jurisdiction for all disputes shall be Wilmington, Delaware, USA.

(3) Arbitration Clause: Any dispute arising out of or in connection with this Agreement shall be finally settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The place of arbitration shall be Wilmington, Delaware, USA. The language of the arbitration shall be English.

§ 12 PRIVACY

The processing of personal data is carried out in accordance with the Provider’s Privacy Policy. The User is informed that Whop acts as the Merchant of Record and carries out payment processing and the collection of payment data under its own data protection responsibility. For purchases via an app store, the respective app store operator processes payment data under its own data protection responsibility.

§ 13 SEVERABILITY CLAUSE

Should individual provisions of these Terms of Service be invalid, the remainder of the contract shall remain in effect.

End User License Agreement (EULA)

As of 16 September 2026

Between:

Bayomi UG (haftungsbeschränkt), Winterhuder Weg 31, 22085 Hamburg, Germany, Commercial Register HRB 199083 Local Court Hamburg, represented by Managing Director Jonathan Jakob Greiter

(hereinafter “Provider”)

and:

The User of the Products (hereinafter “User”)

§ 1 SCOPE AND SUBJECT MATTER

(1) This End User License Agreement (“EULA”) applies to all Products of the Provider distributed via the Whop platform or via mobile application distribution platforms (in particular app stores). “Products” within the meaning of this EULA are the VISION ALERTS iOS application and web application (together the “Software”) as well as the signals and analyses provided through them, including delivery via Discord.

(2) This EULA supplements the Provider’s Terms of Service (AGB). In the event of contradictions between the EULA and the Terms of Service, the EULA shall prevail for license-specific provisions.

§ 2 PROPRIETARY RIGHTS AND OWNERSHIP

(1) The Software (including source code, object code, binary files, documentation, and all related materials) and all content provided through the Products (in particular signals, analyses, texts and charts) are protected by copyright. Ownership remains with the Provider or with the entity that has granted the Provider a simple distribution right.

(2) The User does not acquire any ownership rights to the Software. The User only receives the time-limited right of use described in § 3.

§ 3 USAGE RIGHTS (LICENSE)

(1) The Provider grants the User a simple, non-transferable, non-sublicensable right to use the Software. The User may be signed in on a maximum of two (2) devices at the same time.

(2) The license applies only for the duration of the active, paid subscription (“Subscription”). Upon expiration or termination of the Subscription, all usage rights expire.

§ 4 ACCESS CONTROL

(1) Access to the Products is linked to an active, paid subscription (“Subscription”). The Provider verifies the subscription status automatically.

(2) Access ends in particular in the event of:

• Default of payment by the User,
• Chargeback by the User,
• Dispute in the Whop Resolution Center,
• Expiry or termination of the Subscription,
• Extraordinary termination by the Provider (e.g., in the event of a violation of § 5),
• Violation of the maximum device limit.

In the event of a violation of § 5 f) (sharing of signals/analyses), the Provider may additionally remove the User from the Discord community without prior notice.

(3) Any circumvention of the access control is prohibited. This includes in particular:

• Modifying or removing the access verification,
• Simulating or manipulating the subscription status,
• Any form of reverse engineering to disable the access control.

§ 5 PROHIBITED ACTIONS

The User may not:

a) Decompile, disassemble, or reverse-engineer the Software – except to the extent mandatory applicable law permits this;

b) Modify, translate, or create derivative works;

c) Share login credentials – The login credentials are personal to the User. The User may not pass on or make them accessible to family members, friends, colleagues, or other third parties, regardless of whether this is for consideration or free of charge. The Products may only be used by the User themselves. Note: Sharing login credentials will result in immediate termination of access without any right to a refund.

d) Circumvent the access control (see § 4);

e) Use the Products for illegal trading activities – including, but not limited to, market manipulation, front-running, or other prohibited trading practices.

f) Share or redistribute signals, analyses, or other content received via Discord or the Products to third parties, including but not limited to reposting, forwarding, or publishing such content.

§ 6 WARRANTY

(1) The Software is provided “AS IS” and “AS AVAILABLE”. To the extent permitted by applicable law, the Provider assumes no warranty whatsoever for:

• the error-free nature, security, or availability of the Software,
• the suitability of the Software for a particular purpose (in particular for profitable trading transactions),
• the completeness or accuracy of documentation, signals, analyses, or other materials,
• the compatibility of the Software with future versions of iOS, web browsers, or third-party services.

(2) The User’s warranty claims are excluded to the extent permitted by applicable law. Should mandatory statutory warranty provisions apply (e.g., for consumers), such warranty is limited to a period of 30 days from the start of the Subscription. After expiry of this period, all warranty claims are statute-barred.

(3) The Provider warrants only that the Software fulfills the core functions described in the technical documentation current at the time of provision. A defect does not exist if:

• the User uses the Software contrary to the documentation,
• the User operates the Software on unsupported hardware or software,
• the failure is due to disruptions caused by third parties (app store operators, Discord, Whop, hosting or data providers).

(4) The technical minimum requirements for the User’s system environment are set out in § 8 of this EULA.

§ 7 LIABILITY

(1) Disclaimer of Liability for Financial Losses: The Provider is not liable for financial losses, lost profits, or damages arising from the use or non-use of the Products. This applies in particular to losses from trading transactions executed with or without the Products.

(2) RISK WARNING: The User confirms that they are aware of the risks described in the Terms of Service (§ 4).

(3) Strong Recommendation for Demo Testing: The Provider strongly recommends that the User test the Products on a demo account first before deploying live capital. The User confirms that they have received this recommendation.

(4) Limitation of Liability: To the extent permitted by applicable law, the Provider’s liability is limited to intent and gross negligence. In cases of slight negligence, the Provider is liable only for breach of cardinal obligations (material contractual obligations). In the event of slight negligence, liability is limited in amount to the typically foreseeable damage.

(5) No Liability for Lost Profits: The Provider is not liable for lost profits, financial losses, trading losses, or other indirect damages arising from the use or non-use of the Products.

(6) No Liability for Third Parties: The Provider is not liable for damages caused by errors or failures of the following third parties: Whop Inc., Stripe Inc., Apple Inc., Discord Inc., brokers, data and hosting providers, payment service providers.

§ 8 TECHNICAL MINIMUM REQUIREMENTS

The User ensures that their system environment meets the following technical minimum requirements. Failure to comply with these requirements may result in the Software not functioning or functioning only to a limited extent. The Provider assumes no warranty for damages resulting from non-compliance.

Note: The above requirements may be updated by the Provider at any time. The current version can be viewed on the product page or in the documentation.

§ 9 TERM AND TERMINATION

(1) This EULA applies for the duration of the active, paid subscription (“Subscription”).

(2) This EULA terminates automatically upon:

• Expiry or termination of the Subscription,
• Default of payment by the User,
• Chargeback by the User,
• Extraordinary termination by the Provider (in particular in the event of a violation of §5).

(3) After termination of this EULA, the User is obliged to delete the Software from all of their devices and destroy all copies of the Software.

§ 10 ADDITIONAL TERMS FOR THE APPLE APP STORE

The following terms apply in addition to this EULA if the User has obtained the VISION ALERTS iOS application (“App”) from the Apple App Store. In the event of a conflict, this § 10 prevails with respect to the App.

(1) Acknowledgement: This EULA is concluded between the User and the Provider only, and not with Apple Inc. (“Apple”). The Provider, not Apple, is solely responsible for the App and its content.

(2) Scope of License: The license granted for the App is limited to a non-transferable license to use the App on any Apple-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the User via Family Sharing or volume purchasing.

(3) Maintenance and Support: The Provider is solely responsible for providing any maintenance and support services with respect to the App, as specified in this EULA or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

(4) Warranty: The Provider is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the App to the User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Provider’s sole responsibility.

(5) Product Claims: The Provider, not Apple, is responsible for addressing any claims of the User or any third party relating to the App or the User’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. This EULA does not limit the Provider’s liability to the User beyond what is permitted by applicable law.

(6) Intellectual Property Rights: In the event of any third-party claim that the App or the User’s possession and use of the App infringes that third party’s intellectual property rights, the Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

(7) Legal Compliance: The User represents and warrants that (i) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.

(8) Developer Name and Address: Questions, complaints or claims regarding the App should be directed to: Bayomi UG (haftungsbeschränkt), Winterhuder Weg 31, 22085 Hamburg, Germany, email: support@vision-alerts.com.

(9) Third Party Terms of Agreement: The User must comply with applicable third-party terms of agreement when using the App (e.g., the terms of their wireless data service provider).

(10) Third Party Beneficiary: The Provider and the User acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA, and that, upon the User’s acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against the User as a third-party beneficiary thereof.

§ 11 FINAL PROVISIONS

(1) All legal relationships arising from this EULA shall be governed by the laws of the State of Delaware, United States of America, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Consumers retain the mandatory protective provisions of their country of residence.

(2) For Users who are not consumers (B2B): The exclusive place of jurisdiction for all disputes shall be Wilmington, Delaware, USA.

(3) Arbitration Clause: Any dispute arising out of or in connection with this EULA shall be finally settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The place of arbitration shall be Wilmington, Delaware, USA. The language of the arbitration shall be English.

(4) Should individual provisions of this EULA be invalid, the remainder of the contract shall remain in effect.