Terms and conditions of business and use for the Trading Journal

§ 1 Scope

(1) These terms apply to the use of the Trading Journal at tradingjournal.kiawak.com, free of charge and in paid plans. The provider is Lukas Köppl, Kiawak, Kolpingstraße 24, 84030 Ergolding, Germany, e-mail contact@kiawak.com (“Kiawak”).

(2) The Trading Journal is aimed at consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). Rules that apply to only one of these groups are marked as such.

(3) Deviating terms of the user do not apply, even if Kiawak does not expressly object to them.

§ 2 Services

(1) The Trading Journal is an online tool with which the user documents his own trades: entering them by hand, from chart screenshots with AI image recognition, by import (CSV, PowerPoint, JSON), pictures and notes per trade, statistics and evaluations, export. What each plan includes (number of trades and pictures, storage, picture analyses per day and month) is shown on the pricing page.

(2) The image recognition reads values from pictures automatically. It can recognise values wrongly or not at all. The user checks the recognised values before taking them over; the figures of his broker are authoritative.

(3) The demo contains invented example data; nothing is stored there.

(4) Kiawak may develop the Trading Journal further. If a change restricts a paid plan during its term more than insignificantly, Kiawak announces it at least six weeks in advance; the customer may then terminate the contract as of the change. For consumers § 327r BGB applies in addition.

§ 3 No investment advice, no financial service

(1) The Trading Journal is a tool for documenting and evaluating past trades. Kiawak provides no investment advice, no investment brokerage and no other financial service and gives no recommendations to buy or sell financial instruments.

(2) Statistics, hints (“What stands out”) and simulations (e.g. “The next 100 trades”) describe the data recorded by the user and random scenarios based on it. They are no forecast and no assurance of future results.

(3) The Trading Journal is not connected to broker accounts and executes no orders. Decisions about trades are made by the user alone at his own risk.

§ 4 Account

(1) An account is needed for use. The details must be correct; an account is not transferable. The image recognition is available once the e-mail address is confirmed.

(2) The password must be kept secret. If there is a suspicion that third parties know it, the user changes it without delay.

(3) The user can delete his account at any time; all trades and pictures are deleted with it.

§ 5 Content and duties of the user

(1) The user is responsible for his content (trades, notes, pictures). He uploads only content he may use and no data of other people. He grants Kiawak only the rights needed to store the content, show it to him and, when he starts the image recognition, transmit it to the AI service.

(2) The user backs up important data himself using the export functions.

(3) The user uses the Trading Journal only within the law and does not burden it abusively (e.g. by automated mass requests). Kiawak may temporarily block access if misuse is imminent or security is at risk and informs the user.

§ 6 Free use and launch phase

(1) Free use is free of charge. There is no claim to certain functions or constant availability.

(2) During the launch phase every account gets the launch limits shown on the pricing page free of charge. Kiawak announces the end of the launch phase by e-mail at least four weeks in advance. Afterwards the limits of the free plan apply unless the user books a paid plan; trades and pictures already stored are kept and can still be viewed and exported.

(3) Kiawak may restrict or end free use and announces this at least four weeks in advance so that data can be exported.

§ 7 Paid plans: conclusion of contract

(1) The presentation of the plans is not a binding offer.

(2) Order: under “Account” the customer chooses the billing period. The order summary shows service, price, term and cancellation. Entries can be corrected before sending by changing the selection. By clicking “Order with obligation to pay” the customer makes a binding offer and is taken to the page of the payment service Stripe to enter payment details. The contract is concluded when Kiawak activates the plan; Kiawak confirms the contract by e-mail with these terms and the withdrawal information.

(3) The language of the contract is German; the English version is for convenience. Kiawak stores the order data; the valid terms are available on this page at any time.

§ 8 Prices and payment

(1) The prices shown when ordering apply. Kiawak is a small business under § 19 UStG and does not charge VAT; prices are final prices.

(2) The price is due in advance for each billing period (month or year) and collected via Stripe (e.g. card or SEPA direct debit, depending on the offer). Invoices are available under “Account” at “Payment details and invoices”.

(3) If a payment fails, the customer is informed by e-mail. If payment is still missing 14 days after this information, Kiawak may block the functions of the paid plan until payment is received; the data is kept.

(4) If a free trial is offered, the price becomes due only after it ends. Whoever cancels before pays nothing.

§ 9 Term and cancellation

(1) Monthly plan: term one month, renews by one month at a time and can be cancelled at any time to the end of the current month.

(2) Yearly plan: term one year from conclusion. If not cancelled to the end of that year, it continues indefinitely and can then be cancelled at any time with one month's notice.

(3) The customer can cancel under “Account”, without signing in via the button “Cancel contracts here” or in text form (e.g. e-mail to contact@kiawak.com). Kiawak confirms every cancellation immediately by e-mail.

(4) Kiawak may cancel with one month's notice to the end of a billing period.

(5) The right to extraordinary termination for good cause remains unaffected.

(6) After the contract ends the account continues in the free plan; § 6 applies to it. Stored trades and pictures are kept and can be viewed and exported; new entries are possible only within the free plan. The customer can withdraw a cancellation under “Account” until the contract ends.

§ 10 Changes to prices and terms

(1) Kiawak may change prices for future billing periods and these terms for the future if there is an objective reason (e.g. increased costs of the AI services, new functions, changed laws).

(2) Kiawak announces changes at least six weeks before they take effect in text form. Price increases and changes to the customer's disadvantage apply only if the customer agrees. If he does not agree, the customer may terminate the contract as of the effective date; otherwise it continues on the previous terms.

(3) For entrepreneurs a change is deemed approved if they do not object within six weeks of receiving the notice; Kiawak points this out in the notice.

§ 11 Availability and defects

(1) Kiawak operates the Trading Journal with usual care; interruptions for maintenance or faults cannot be ruled out. The image recognition also depends on the availability of the AI service; if it is disrupted, trades can be entered by hand.

(2) For defects of a paid plan the statutory rights apply, for consumers §§ 327 ff. BGB. Please report defects by e-mail to contact@kiawak.com.

§ 12 Liability

(1) Kiawak is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of a guarantee given.

(2) For slight negligence Kiawak is liable only for breach of essential contractual obligations, i.e. those whose fulfilment makes the performance of the contract possible in the first place and on whose compliance the user may rely, and only for the typical, foreseeable damage.

(3) For free use Kiawak is liable, apart from the cases of paragraph 1, only for intent and gross negligence.

(4) Towards entrepreneurs Kiawak is liable for loss of data only up to the effort that would have been needed for restoring it with regular backups via the export functions.

(5) Paragraph 2 also applies to damage from trading decisions the user makes on the basis of recognised values, statistics or simulations; the duty to check them under § 2 (2) and § 3 remains.

§ 13 Data protection

The privacy policy applies.

§ 14 Right of withdrawal

Consumers have a statutory right of withdrawal for paid plans according to the withdrawal information.

§ 15 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this choice of law applies only insofar as they are not deprived of the protection of mandatory provisions of the state of their habitual residence.

(2) Place of jurisdiction for merchants, legal entities under public law and special funds under public law is Landshut, Germany.

(3) Kiawak is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

(4) If a provision is invalid, the remaining provisions stay valid.