Eurex Cloud Prisma Margin Estimator Terms of Use

(Version 2, September 2021)

Eurex Clearing AG, Mergenthalerallee 61, 65760 Eschborn, Germany, (hereinafter „Eurex“) grants You access to the Cloud Prisma Margin Estimator and the services provided by it (“Cloud PME”) subject to the following terms of use. „You“ means you as a natural person and the legal entity you are acting for when accessing and using Cloud PME.

BY EITHER CLICKING ON THE “ACCEPT” BUTTON OR BY ACCESSING CLOUD PME YOU AGREE TO THE FOLLOWING TERMS OF USE.

1. Cloud PME is not intended for use by consumers (“Verbraucher” as defined in § 13 BGB (German Civil Code)). Thus, the access to, and use of, Cloud PME is prohibited for Consumers. You represent and warrant that You are not accessing and using Cloud PME as a Consumer.
2. Cloud PME and the Eurex Margin Simulation Services is a free offer of Eurex. It is provided to you for merely indicative purposes. Cloud PME may from time to time produce erratic of false results. Thus, You agree to not rely commercial or business decisions on Cloud PME without further verification or analysis of the Cloud PME results outside of Cloud PME.
3. Eurex does not make and expressly disclaims any representations and warranties, whether expressed or implied, regarding Cloud PME, including without limitations any representations or warranties in regards to accuracy, actuality, availability, compatibility, confidentiality, fitness for any purpose, performance, reliability, right, security, or title.
4. You agree, that your use of Cloud PME does not establish any legal relationship between Eurex and Your Customers, that no third party may enforce this agreement against Eurex and that this agreement does not constitute any form of a third-party beneficiary contract. You will indemnify and hold harmless Eurex and its affiliates against any claim brought forth against Eurex or its affiliates by any of Your customers on the basis of Your use of the Cloud PME or of this agreement between You and Eurex.
5. As no remuneration is due for the access to, and use of, Cloud PME, You agree that Eurex shall only be liable for (i) damages incurred as a result of its or its vicarious agents willful misconduct (“Vorsatz”) or gross negligence (“Grobe Fahrlässigkeit”), or (ii) damages to life, body or health (“Verletzung von Leben, Körper und Gesundheit”). Due to the gratuituos nature of Cloud PME and the Eurex Margin Simulation Services, You agree that this shall be Eurex’ sole liability in regard to Your use of the Cloud PME and the Eurex Margin Simulation Services.
6. You do not have a right for repeated or continued use of Cloud PME and will not acquire such right through repeated or continued use. Eurex may grant, withdraw, or limit Your access to and use of Cloud PME and may discontinue Cloud PME at its sole discretion.
7. Eurex may change these Eurex Cloud Prisma Margin Estimator Terms of Use from time to time, such terms becoming applicable when You access Cloud PME after accepting these terms.
8. You represent and warrant to adhere to the cloud service provider´s terms and conditions for Your use of the cloud services on which Cloud PME or parts thereof rely. These terms and conditions can be found at https://cloud.google.com/terms. You will indemnify and hold harmless Eurex promptly against any claims of the cloud service provider brought against Eurex as a result of a breach of this representation and warranty.
9. You represent and warrant that the computer systems and devices You use are free of malware, including viruses, worms, trojans, spyware, or rootkits and are permanently scanned with state of the art methods to avoid any infection with malware, You will only use the interfaces and methods that are provided by Eurex for accessing and using Cloud PME. You will not copy, download or modify software code of Cloud PME.
10. These terms and conditions are exclusively governed by the laws of Germany excluding its conflict of laws principles. The United Nations Convention on the International Sale of Goods is abrogated.
11. Subject to compulsory law, the courts of Frankfurt am Main, Germany, shall have the sole jurisdiction over any disputes related to Your use of Cloud PME or the present Cloud PME Terms of Use.