TERMS OF SERVICE

1. Acceptance of Terms

By accessing or using Tradavity ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

Tradavity is operated by Philip Koch ("we", "us", "our") from Trier, Germany. These Terms apply to all use of app.tradavity.com and backtesting.tradavity.com, for free and paid plans alike.

2. Description of Service

Tradavity is a web-based trading journal application that allows users to:

• Log and track trading activities across multiple accounts
• Analyze trading performance and statistics
• Manage trading strategies, protocols, and routines
• Set and track trading goals and prop firm evaluation targets
• Import trades manually (CSV) or automatically via broker API connections (auto-sync)
• Copy trades between linked accounts (copy trading)
• Use AI-powered text correction and note generation features (optional)
• Sync trades via browser extension
• Practice trading with the backtesting simulator at backtesting.tradavity.com

3. Account Registration

To use Tradavity, you must:

• Be at least 18 years of age
• Provide accurate and complete registration information
• Maintain the security of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use
• Hold only one account, unless we have agreed otherwise

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

4. Subscriptions, Prices and Payment

4.1 Plans

• Basic (Free): Limited features as described on the pricing page
• Pro: Full features as described on the pricing page

The features of each plan are those described on the pricing page at the time of your order. We continuously develop the Service and may change, add, or remove individual features, provided that the core functionality of a paid plan is not materially reduced during a billing period you have already paid for.

4.2 Prices and Payment

• Prices are shown in the currency displayed at checkout. As a small business under § 19 UStG, we do not charge VAT, so no VAT is shown.
• Fees are payable in advance for each billing period (monthly or annually). Payments are processed by Stripe; we never see or store your full card details.
• By subscribing, you authorize us (through Stripe) to charge your selected payment method at the start of your subscription and at the start of every renewal period until you cancel.
• You must keep your payment details up to date and may only use payment methods you are authorized to use.
• Fees charged by your bank or card issuer (for example, currency conversion fees) are your responsibility.

4.3 Term, Renewal and Cancellation

• Subscriptions renew automatically for the same billing period (one month or one year) unless you cancel before the end of the current period.
• You can cancel at any time in Settings › Billing, or by email to support@tradavity.com. Cancellation takes effect at the end of the current paid period, and you keep Pro access until then.
• Fees already paid for the current period are not refunded on cancellation, except under the Money-Back Guarantee (Section 4.6), your statutory right of withdrawal (Section 8), or where the law requires otherwise.
• If you are a consumer, once the first year of an annual subscription has ended you may cancel a renewed annual subscription at any time with one month’s notice. We refund prepaid fees for the period after the cancellation takes effect on a pro-rata basis.

4.4 Free Trial

• We may offer new customers a free 7-day trial of Pro. A valid payment method is required to start a trial. It is verified with your bank but not charged during the trial.
• Unless you cancel before the trial ends, your trial automatically converts into a paid Pro subscription and your payment method is charged the price shown at checkout. We send you a reminder by email before your trial ends.
• Free trials are limited to one per person and one per payment method. Creating additional accounts or using other payment methods to obtain further trials is not permitted.
• We may refuse or cancel a trial if we have reasonable grounds to suspect a repeat trial or misuse. In that case, no charge is made.

4.5 Failed Payments

If a payment fails, we and Stripe may retry it. Until the payment succeeds, we may restrict access to Pro features or move your account to the Basic plan. Amounts due remain payable.

4.6 Money-Back Guarantee

In addition to your statutory rights, we offer a voluntary 30-day money-back guarantee. If you are not satisfied with your first Pro subscription, email support@tradavity.com within 30 days of your first payment and we will refund that payment in full. The guarantee:

• applies once per person, to the first payment of your first Pro subscription only;
• does not apply to accounts suspended or terminated for fraud or a breach of these Terms, or to payments that have already been disputed or charged back;
• ends your subscription and Pro access when the refund is issued.

4.7 Price Changes

We may change our prices for future billing periods. We will notify you by email at least 30 days before a new price would apply to you. A price change applies to your existing subscription only if you agree to it. If you do not agree, we may end your subscription at the end of the current billing period, and you keep access until then.

5. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Upload malicious code or content
• Impersonate another person or entity
• Use automated tools to scrape or abuse the Service
• Share your account credentials with others
• Resell or redistribute the Service without authorization
• Obtain or attempt to obtain more than one free trial, for example by creating multiple accounts
• Use a payment method you are not authorized to use, or provide false billing information
• Harass, abuse, threaten, or send unwanted friend requests or messages to other users
• Collect, scrape, copy, or redistribute other users’ profiles or shared trading data

6. Your Content

You retain ownership of all content you upload to Tradavity (trades, journal entries, screenshots, etc.). By using the Service, you grant us a limited license to store, process, and display your content solely for the purpose of providing the Service.

You are responsible for ensuring your content does not violate any laws or third-party rights. We may remove content that violates these Terms.

If you use Tradavity’s social features, you decide what to share. Your profile content (username, avatar, bio) and any statistics, achievements, or trade history you choose to make visible — including data shared with friends or published on a public profile — may be viewed by others and, for public profiles, indexed by third parties. You are responsible for what you choose to share and for ensuring you have the right to share it. You can change your visibility, remove connections, or hide your profile at any time in Settings.

Direct messages. These content rules and the Acceptable Use section above apply equally to private Direct Messages and any images you share in them.

Reporting and moderation. You can report a message you believe breaks these Terms or the law from within the conversation. We may review reported content, remove it, and warn, suspend, or terminate accounts where we find a violation or become aware of illegal content, in line with applicable law (including the EU Digital Services Act). Blocking a user also stops further messages to you.

7. AI Features

Tradavity offers optional AI-powered features (text correction, smart formatting, note generation, in-app search, AI Chat, and Talk to Add — voice trade entry). By enabling AI features and granting consent in Settings:

• You agree to your journal text and trade data being processed by OpenAI and/or Anthropic APIs
• For Talk to Add, your speech is transcribed in your browser and only the resulting text is sent to the AI — no audio is transmitted or stored. Every trade is shown for your review and approval before it is saved.
• You acknowledge that data sent to OpenAI may be used by OpenAI to improve their models, as part of our complimentary usage arrangement. For this model-improvement use, OpenAI acts as an independent data controller under its own terms. Anthropic does not use API data for training. See our Privacy Policy for details.
• You are responsible for the content you provide as input to AI features, and you should not submit sensitive, confidential, or proprietary information — only content you are comfortable being processed and, where our OpenAI arrangement applies, used to improve their models
• AI responses are provided "as-is" without guarantee of accuracy. AI Chat is an analytical tool, not financial advice.
• AI Chat may keep durable "memory" notes about your trading to personalize future chats. Memory is on by default; each note is saved only with your approval, and you can view, edit, delete, or disable memory at any time in Settings › AI. These notes are for your convenience and are not guaranteed to persist; they are deleted on account deletion.
• You can revoke AI consent at any time in Settings

7.1 Bring Your Own Key (BYOK)

You may provide your own API keys for OpenAI and/or Anthropic. By doing so:

• API costs are billed directly to your provider account by OpenAI or Anthropic. Tradavity is not the merchant of record for these charges and is not responsible for amounts billed to your provider account.
• Your keys are encrypted at rest and used solely for making AI API calls on your behalf, scoped to features you actively use (AI Chat, AI text generation, AI text correction).
• Requests made with your own key are processed under your own provider account and that provider's terms. Our complimentary usage arrangement with OpenAI does not apply to requests made with your key.
• You are responsible for maintaining sufficient credit on your provider account, for monitoring your provider-side usage, and for setting any limits that suit your budget within the Tradavity Settings page.
• Tradavity applies platform-side safety caps to BYOK usage — currently a daily cap and a monthly cap, disclosed in Settings > API. These caps are non-negotiable, apply on top of any limit you configure, and are intended to prevent runaway spend caused by software bugs. Tradavity reserves the right to adjust these caps at any time without prior notice in order to protect users; current values are always shown in Settings.
• Cost tracking is best-effort: Tradavity reserves an estimated cost before each request and reconciles to the actual cost reported by the provider after the request completes. Because the actual cost can in rare cases exceed the estimate by a small amount on a single in-flight call, the displayed monthly counter may briefly exceed your configured limit by up to a few cents per call before the next request is blocked. Provider-side billing remains the authoritative source for any disputed amount.
• Provider pricing is set by OpenAI and Anthropic and may change at any time without notice from Tradavity. We do not guarantee any specific cost-per-message.
• You can delete your stored keys at any time in Settings, which immediately stops further usage on that key.
• To the maximum extent permitted by applicable law, Tradavity's liability for any unintended BYOK spend caused by our software is limited to the platform-side safety caps in effect at the time. Statutory consumer rights remain unaffected.

8. Right of Withdrawal

If you are a consumer (a natural person acting for purposes outside your trade, business, or profession), you have the following statutory right of withdrawal. Business customers have no statutory right of withdrawal.

Immediate start. When you start a subscription, including a free trial that converts into a paid subscription, you expressly request that we begin providing the service immediately, before the withdrawal period ends. If you then withdraw, you owe the pro-rata amount described above. Your right of withdrawal expires once we have provided the service in full, if you expressly agreed to the immediate start and acknowledged that you lose your right of withdrawal on full performance.

The voluntary Money-Back Guarantee (Section 4.6) applies in addition to the statutory right of withdrawal.

9. Billing Problems, Fraud and Chargebacks

9.1 Contact Us First

If you believe a charge is incorrect or was not authorized by you, please contact support@tradavity.com first. We review every billing request promptly and, where justified, refund the payment, which is usually much faster than a dispute through your bank. This does not limit any rights you have towards your bank or card issuer.

9.2 Fraud Prevention

Payments are screened by our payment provider’s fraud prevention systems. If we have reasonable grounds to suspect that a payment was made without the authorization of the account holder or is otherwise fraudulent, we may refund the payment, cancel the related subscriptions, suspend or close the account, block the payment method and email address concerned, and report the matter to our payment provider and, where appropriate, to law enforcement authorities.

9.3 Chargebacks and Payment Disputes

• If you initiate a chargeback or payment dispute, we may suspend your Pro access, and where we suspect fraud your account, until the dispute is resolved.
• If a chargeback is unjustified, for example for a payment you authorized for a service we provided, the disputed amount remains payable and you must reimburse the costs we incur as a result. Our payment provider currently charges a dispute fee of up to EUR 20 per case. You may prove that we incurred no costs or lower costs.
• To respond to a payment dispute, we may provide our payment provider and your card issuer with the information relevant to the disputed payment: your acceptance of these Terms, your order and trial details, account and login records (including IP addresses and timestamps), records of your use of the Service, and our correspondence with you. See our Privacy Policy.

10. Termination

10.1 By You

You may cancel your subscription at any time (Section 4.3) and delete your account at any time from Settings. Account deletion includes a 14-day grace period during which you can cancel the deletion request. When the deletion takes effect, all of your subscriptions end immediately. Fees already paid are not refunded, except under Section 4.6, your statutory right of withdrawal, or where the law requires otherwise. Please export any data you want to keep before deleting your account.

10.2 By Us

• We may terminate a free account, or a paid subscription with effect from the end of a billing period, with at least 30 days’ notice by email.
• We may suspend or terminate your account for good cause without notice, in particular for fraud or reasonably suspected fraud, unjustified chargebacks, non-payment, serious or repeated breaches of these Terms (including Section 5), or where required by law.
• If we terminate for good cause for which you are responsible, fees already paid are not refunded to the extent permitted by law, and we reserve the right to claim damages.

10.3 Effects of Termination

When your account ends, your access to the Service ends. We delete your data as described in our Privacy Policy, except records we must keep under statutory retention obligations (for example, invoices and payment records).

11. Availability and Third-Party Services

• We aim for high availability but do not guarantee uninterrupted access. Maintenance, updates, failures of third-party providers (for example hosting, payment, AI, or charting providers), or events beyond our control may cause interruptions.
• Broker connections, auto-sync, CSV imports, and the browser extension depend on data and interfaces provided by brokers and other third parties. These may change or stop working at any time. We do not guarantee that any particular integration remains available or that imported data is complete or correct.
• You are responsible for keeping your own copies of data that is important to you. Export functions are available in Settings.

12. Warranty and No Financial Advice

If you are a consumer, the statutory warranty rights for digital products apply (§§ 327 et seq. BGB). Beyond that, we give no guarantees. In particular, we do not warrant that statistics, calculations (including P&L, fees, balances, and prop firm rule tracking), imported data, or AI output are complete, current, or free of errors. Always verify important figures against your broker statements and the official rules of your prop firm.

13. Limitation of Liability

• We are liable without limitation for intent and gross negligence, for injury to life, body, or health, under the German Product Liability Act, and to the extent we have given a guarantee.
• For slight negligence, we are liable only for breach of an essential contractual obligation, meaning an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In that case, our liability is limited to the damage that was typical and foreseeable when the contract was concluded.
• Otherwise, our liability for slight negligence is excluded.
• Because we do not give trading advice, we are not liable, except under the first point above, for trading losses, lost trading profits, failed prop firm evaluations, or decisions you make based on data, statistics, or AI output shown in the Service.
• If data is lost through slight negligence, our liability is limited to the effort that would have been required to restore it if you had kept regular exports.
• These limitations also apply to the personal liability of our employees, representatives, and agents.

14. Indemnification

If third parties assert claims against us because of content you upload or share, or because of your culpable breach of these Terms or of applicable law, you indemnify us against those claims, including reasonable costs of legal defense. This does not apply if you are not responsible for the breach.

15. Intellectual Property

The Tradavity name, logo, and all related trademarks, service marks, and branding are our property. The Service's code, design, and documentation are protected by copyright and other intellectual property laws. You may not copy, modify, or distribute any part of the Service without our written consent.

Certain components of the Service, including charting technology, are provided by third-party licensors. You must not use any charts, data visualizations, or other content displayed within the Service for commercial purposes without first obtaining the necessary license from the respective rights holder. Chart technology is provided by TradingView.

16. Changes to These Terms

We may amend these Terms for valid reasons, in particular changes in law or case law, new or changed features, or security requirements. We will send you the amended Terms by email at least six weeks before they take effect. Changes to the main obligations of a paid subscription (such as price or the core scope of the plan) require your express consent. For other changes, you may object until the date they take effect. If you object, either party may terminate the contract with effect from that date. We will point this out in our notice.

17. Governing Law, Jurisdiction and Dispute Resolution

• These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of the country in which you have your habitual residence.
• If you are a merchant, a legal entity under public law, or a special fund under public law, or if you have no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is Trier, Germany.
• We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

18. Final Provisions

• If any provision of these Terms is or becomes invalid, the remaining provisions remain valid, and the statutory provisions apply in place of the invalid provision.
• Conflicting or supplementary terms of business customers do not apply unless we expressly agree to them in writing.
• We may transfer our rights and obligations under this contract to a third party with at least four weeks’ notice. In that case, you may terminate the contract with effect from the date of transfer.
• These Terms are written in English. If we provide a translation, the English version prevails to the extent permitted by law.
• If we do not enforce a provision of these Terms, this does not mean we waive our right to do so later.

19. Contact

Tradavity, Philip Koch
c/o flexdienst – #20630, Kurt-Schumacher-Straße 76, 67663 Kaiserslautern, Germany
Email: support@tradavity.com