2.1 Not a Financial Service

Algo Trade Analytics is classified as technical software (Technische Software). We are not regulated under MiFID II and are not supervised by BaFin (Bundesanstalt für Finanzdienstleistungsaufsicht). We do not provide:

• Trade execution services (Ausführung von Kundenaufträgen)
• Investment advice (Anlageberatung) or portfolio management (Vermögensverwaltung)
• Financial instruments (Finanzinstrumente) or investment brokerage (Anlagevermittlung)
• Investment research that would require MiFID II authorization

3.1 Eligibility

• You must be at least 18 years old to create an account.
• Minors in Germany require verifiable parental consent.
• Provide accurate, complete registration information.
• You are responsible for maintaining the security of your account.

3.2 Account Security

• Keep login credentials confidential and secure.
• Notify us immediately of unauthorized access or security incidents.
• You are responsible for all activity under your account.
• We may suspend or terminate accounts showing suspicious activity.

5.1 Service Dependencies

The Service relies on third-party providers, including but not limited to:

• TradingView for webhook generation and alerts.
• Broker APIs for execution data.
• AI model providers (e.g., OpenAI, Anthropic) for code assistance.
• Cloud infrastructure providers for data processing and hosting.

5.2 Third-Party Limitations

• Service availability depends on third-party uptime and policies.
• We are not liable for failures, outages, or inaccuracies of third-party services.
• API changes or rate limits may affect functionality without notice.
• You must comply with all applicable third-party terms of service.

6.1 GDPR Compliance

We process personal data in accordance with the EU General Data Protection Regulation (GDPR). Our legal bases include:

• Contract Performance (Art. 6(1)(b)): Providing contracted services.
• Legitimate Interests (Art. 6(1)(f)): Service improvements, analytics, and security.
• Consent (Art. 6(1)(a)): Marketing communications and optional features.

6.2 Data Categories Processed

• Account information (name, email, password hash).
• Webhook payloads, timing data, and comparison metadata.
• Trade execution data retrieved from connected brokers.
• Pine Script code and AI-assisted development sessions.
• Technical logs, usage analytics, and diagnostic information.

6.3 Data Retention

• Webhook data: seven (7) days.
• Execution comparison reports: ninety (90) days.
• Pine Script sessions: thirty (30) days unless explicitly saved.
• Account data: duration of account plus thirty (30) days.
• Financial records: ten (10) years per German tax law.

7.1 Right of Withdrawal (Widerrufsrecht)

As a consumer, you may withdraw from this contract within fourteen (14) days without stating a reason. The withdrawal period begins on the day of contract conclusion.

To exercise the right of withdrawal, inform us at:

You may use the EU model withdrawal form, but this is not mandatory. If you withdraw, we will refund all payments received without undue delay and no later than fourteen (14) days from notification.

7.2 Button Solution Compliance

For paid subscriptions, payment buttons clearly display:

• "Zahlungspflichtig bestellen" (Order with payment obligation).
• Total price including VAT.
• Subscription duration, renewal terms, and cancellation conditions.

8.1 Subscription Plans

• Prices displayed include applicable German VAT (Umsatzsteuer).
• Billing cycles, renewal terms, and cancellation options are disclosed during checkout.
• Payments are processed by third-party payment providers.
• Subscriptions renew automatically unless cancelled before the renewal date.

8.2 Refund Policy

• Refunds are subject to the withdrawal rights described in Section 7.1.
• Pro-rata refunds may be granted for service interruptions exceeding twenty-four (24) hours.
• No refunds are provided for failures attributable to third-party services.

8.3 AI Credits and Usage-Based Features

• AI features are accessed using credits and are metered by usage.
• Credits correspond to AI token usage and are consumed based on request size and output.
• Credits are issued by the Service; user-provided AI API keys are not supported.
• Subscription plans include monthly credits that reset each billing period (unused monthly credits do not roll over).
• One-time credit top-ups are charged at purchase; pricing and availability are displayed at checkout. Top-up credits roll over between billing periods until used.
• Credit balances and usage details are available in your account dashboard; insufficient credits may limit or block AI feature access.
• Credits are not legal tender, are non-transferable, and are non-refundable except as required by law.
• We may grant promotional or administrative credits at our discretion.

9.1 General Limitations

Under German law, liability limitations apply as follows:

• Unlimited Liability: Intent (Vorsatz), gross negligence (grobe Fahrlässigkeit), injury to life, body, or health, liability under the Product Liability Act, and guaranteed characteristics (zugesicherte Eigenschaften).
• Limited Liability: For simple negligence (einfache Fahrlässigkeit), liability applies only for breaches of essential contractual obligations (Kardinalpflichten) and is limited to typical, foreseeable damages.

9.2 Feature-Specific Limitations

• Webhook Monitoring: Maximum liability is limited to one month of subscription fees; no liability for third-party webhook delivery or TradingView platform changes.
• Execution Comparison: No liability for trading losses or broker execution failures; reports are informational only.
• AI Assistant: No warranty on code quality or profitability; users must test strategies and remain responsible for outcomes.

9.3 Financial Losses

We are not liable for any trading losses, lost profits, or investment performance, whether arising from:

• Service interruptions, delays, or downtime.
• Data inaccuracies, timing discrepancies, or latency.
• AI-generated code suggestions or analysis.
• Interpretations of reports, alerts, or analytics.

10.1 Your Content

• You retain all rights to Pine Script strategies, trading algorithms, and webhook configurations you create.
• You may export or delete content subject to applicable retention requirements.

10.2 Our Platform

• We retain all rights to the Algo Trade Analytics platform, software, and proprietary algorithms.
• Report formats, templates, and AI model configurations remain our intellectual property.

10.3 License Grants

• You grant us a limited license to process your data as necessary to deliver the Service.
• We grant you a non-transferable license to use the platform for the duration of your subscription.

12.1 By You

• Cancel subscriptions at any time through account settings.
• Request account deletion via support.
• Export your data prior to termination if desired.

12.2 By Us

• We may suspend or terminate access for violations, non-payment, fraud, or illegal activity.
• We may deactivate inactive accounts after twelve (12) months, with prior notice.

12.3 Effect of Termination

• Access to the Service is immediately suspended.
• Data is retained according to legal requirements and Section 6.3.
• No refunds for the current billing period, except as required by withdrawal rights.

13.1 Applicable Law

These Terms are governed by German law, excluding the UN Convention on the International Sale of Goods.

13.2 Jurisdiction

Exclusive jurisdiction for business customers lies with the courts of Freiburg im Breisgau, Germany. Consumers may bring proceedings in their local courts.

13.3 Online Dispute Resolution

The EU Online Dispute Resolution Platform is available at https://ec.europa.eu/consumers/odr. We are not obligated to participate in consumer arbitration proceedings.