Terms and Conditions

Article 1 – Definitions

• 1.1 Journal-Trades: The trade name of Journal-Trades, established in The Hague, the Netherlands.
• 1.2 User: Any natural person who downloads, accesses, registers for, or uses the "Journal-Trades" App.
• 1.3 App: The mobile and web application known as "Journal-Trades," including all related services, features, dashboards, APIs, software, and content.
• 1.4 Agreement: The agreement formed between Journal-Trades and the User upon registration or use of the App, including these Terms & Conditions.
• 1.5 Data: All information and digital content submitted, imported, generated, or processed within the App, including but not limited to trading activity, API data, statistics, journal entries, and behavioral data.

Article 2 – Applicability

• 2.1 These Terms & Conditions apply to all use of the App, all registrations, subscriptions, and all Agreements between Journal-Trades and the User.
• 2.2 By creating an account or using the App, the User agrees to these Terms & Conditions.
• 2.3 Journal-Trades reserves the right to request acceptance of updated Terms & Conditions before continued use.

Article 3 – Eligibility and Use

• 3.1 The minimum age to use the App is 18 years. By registering, the User declares to meet this requirement.
• 3.2 The User is responsible for the accuracy, completeness, and legality of all data entered or imported.
• 3.3 The User warrants that all account information is correct and will be kept up to date.

Article 4 – Technical Restrictions and Prohibited Conduct

4.1 The User may not misuse, disrupt, or interfere with the App or underlying systems.

4.2 The User is strictly prohibited from:

• decompiling
• reverse-engineering
• disassembling
• decoding
• attempting to derive the source code, internal logic, or structure
• copying proprietary algorithms, interfaces, or software components

4.3 The User may not:

• attempt unauthorized access
• bypass security features
• use automated systems not authorized by Journal-Trades
• scrape or harvest data without permission

Article 4a – Legal Exceptions and Permitted Actions

• 4a.1 Nothing in these Terms prevents independent development of software with similar functionalities, provided that no use is made of Journal-Trades' proprietary code, confidential data, or internal specifications.
• 4a.2 Studying public features, taking screenshots, or analyzing visible parts of the interface is permitted as long as it does not result in copying protected works.
• 4a.3 Reverse-engineering may be permitted only where explicitly allowed under applicable EU or national law (e.g., interoperability exceptions). Any such activity must remain within legal boundaries, may not lead to disclosure or reproduction of protected works, and does not waive any other obligations set out in these Terms.

Article 5 – API Integrations

• 5.1 The App may allow Users to connect accounts from third-party brokers or exchanges (e.g., Deribit, Binance, Coinbase).
• 5.2 API access is read-only unless explicitly stated otherwise.
• 5.3 The User remains fully responsible for creating the API key, ensuring correct permissions, and securing their API credentials.
• 5.4 Journal-Trades shall not be liable for incorrect API configuration, inaccurate or delayed broker data, exchange outages or API failures, or data discrepancies between the App and the exchange.
• 5.5 Journal-Trades does not store or process trading credentials that allow financial transactions.

Article 6 – Account and Login Security

• 6.1 The User must keep login credentials confidential.
• 6.2 The User is responsible for all activity occurring under their account.
• 6.3 Account sharing is strictly prohibited. In case of violation, the User owes an immediately payable penalty of €7,500, without prior notice of default, without prejudice to Journal-Trades' right to full compensation.
• 6.4 Journal-Trades may suspend or terminate accounts suspected of misuse.

Article 7 – Subscriptions, Fees, and Payment

7.1 The App offers monthly and annual subscription plans.

• 7.2 Payments already made will not be refunded under any circumstances other than those required by law.
• 7.3 Journal-Trades may modify pricing or functionalities; Users will be informed in advance.

Article 8 – Right of Withdrawal

• 8.1 Consumers have a statutory 14-day reflection period.
• 8.2 This right lapses automatically once the User receives immediate access to the App after purchase, in accordance with EU law.

Article 9 – Late Payment

9.1 In case of payment default, the following apply:

• €30 penalty per month of delay
• Up to a maximum of €360 per year
• After 12 months: additional 2% surcharge per month
• Statutory interest and collection costs pursuant to the Dutch Collection Costs Act (WIK)

9.2 Access to the App may be restricted or terminated until full payment is received.

Article 10 – Direct Debit Authorization

• 10.1 By subscribing, the User grants Journal-Trades a SEPA direct debit mandate.
• 10.2 Revoking the mandate does not discharge the payment obligation.

Article 11 – Data Accuracy and Disclaimer

11.1 Journal-Trades provides analytical tools but does not guarantee the accuracy, completeness, or timeliness of:

• imported broker data
• PnL calculations
• API results
• trading statistics or timestamps

• 11.2 The User acknowledges that data may differ from broker records due to calculation methods or API limitations.
• 11.3 Journal-Trades shall not be liable for decisions made based on data provided in the App.

Article 12 – Service Modifications

• 12.1 Journal-Trades may update, change, or remove functionalities at any time.
• 12.2 Users will be informed in advance if such changes materially affect their usage.

Article 13 – Security and Misuse

• 13.1 Journal-Trades employs reasonable security measures but cannot guarantee absolute security.
• 13.2 Accounts may be blocked or restricted in case of misuse, fraud, suspicious activity, or Terms violations.
• 13.3 Digital logs maintained by Journal-Trades constitute valid evidence.

Article 14 – Force Majeure

14.1 Journal-Trades is not liable for failures caused by events outside its control, including:

• server outages
• cyberattacks
• third-party disruptions
• API failure
• natural disasters

Article 15 – Set-off and Suspension

• 15.1 The User may not suspend payments or apply set-off against Journal-Trades.

Article 16 – Liability

• 16.1 Journal-Trades' total liability is limited to the subscription fee paid in the preceding 12 months.
• 16.2 Journal-Trades shall not be liable for indirect or consequential damages, loss of profits, data loss, financial losses, or unavailable services or API failures.
• 16.3 Journal-Trades does not provide financial, strategic, or investment advice.

Article 17 – No Financial Advice

• 17.1 The App is an analytical tool only and does not advise, recommend, or encourage trading or investment decisions.

Article 18 – Intellectual Property

• 18.1 All intellectual property rights in the App, software, interfaces, designs, and trademarks belong exclusively to Journal-Trades.
• 18.2 Copying, distributing, licensing, or reusing any part of the App is prohibited without written permission.

Article 19 – Privacy, GDPR, and Cookies

• 19.1 Journal-Trades processes personal data in accordance with the General Data Protection Regulation (GDPR).
• 19.2 Users have rights to access, rectify, delete, or restrict processing of their personal data.
• 19.3 Only essential functional cookies are always active. Analytical or marketing cookies require consent.
• 19.4 Data is retained only as long as necessary for service provision or compliance with legal requirements.

Article 20 – Complaints Procedure

• 20.1 Complaints must be submitted via email to the address listed in the App or website.
• 20.2 Journal-Trades will respond within 14 days.

Article 21 – Communication and Evidence

• 21.1 Email constitutes valid and legally binding communication.
• 21.2 Digital system logs maintained by Journal-Trades constitute admissible evidence in legal proceedings.

Article 22 – Termination

22.1 Journal-Trades may suspend or terminate the Agreement if:

• the User violates the Terms
• fraudulent, abusive, or unlawful activity is detected
• API misuse occurs
• payment obligations are not met

22.2 Termination does not grant a right to refunds.

Article 23 – Governing Law and Jurisdiction

• 23.1 Dutch law exclusively applies to these Terms.
• 23.2 The District Court of The Hague has exclusive jurisdiction over all disputes arising from or related to the App or these Terms.