Terms of Service

By accessing, browsing, or using TradeJournal (the "Platform", "Service", "Website", or "Application"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms", "Agreement") and our Privacy Policy, whether or not you register as a user.

If you do not agree to these Terms in their entirety, you must immediately cease all use of the Platform and may not create an account or access any services.

By creating an account, registering, subscribing, signing up for our services, or clicking "I Accept" on any acceptance prompt, you expressly agree to these Terms and represent that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity and authority to enter into this binding agreement
• You will comply with all applicable laws and regulations
• All information you provide is accurate, current, and complete
• You accept full personal responsibility for all activities under your account

All features, tools, calculators, charts, analytics, economic calendar data, news feeds, and educational content provided on this Platform are for INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Nothing on this Platform constitutes professional advice or a recommendation to engage in any trading activity.

REVENUE MODEL CLARIFICATION: Our revenue is derived from the following sources:

• Subscription fees for access to our journaling software (monthly or annual);
• One-time lifetime access fees; and
• Marketing and promotional fees received from time to time from third-party advertisers, which may include financial product providers and brokerage firms, in respect of sponsored placements appearing on the Platform. Such fees may be payable on a flat-fee, per-referral, or similar basis. All such placements are clearly identified as sponsored content where they appear.

You acknowledge and agree that:

• We are NOT registered financial advisors, investment advisors, broker-dealers, or financial institutions
• We are NOT a broker and you cannot trade through our platform
• We do NOT handle, hold, or have access to your trading capital
• We do NOT execute trades or transmit orders on your behalf
• We do NOT have a fiduciary relationship with you
• All trading is done through YOUR chosen broker with YOUR money
• All trading decisions are made solely by you at your own discretion
• You are solely responsible for conducting your own research, analysis, and due diligence
• You must verify all information independently before making any trading decisions
• Past performance data shown in your journal does not predict future results
• We have no control over, or responsibility for, your trading outcomes

By using TradeJournal, you explicitly acknowledge, understand, and accept that:

• You can lose more than your initial investment - Leveraged trading can result in losses exceeding your account balance
• Market volatility is unpredictable - Currency values can fluctuate rapidly due to economic, political, or market conditions
• Past performance is not indicative of future results - Historical data and analytics do not guarantee future trading success
• You may lose all invested capital - There is a substantial risk of losing your entire trading account
• Emotional and psychological risks exist - Trading can cause stress, anxiety, and impaired decision-making
• Market conditions can change instantly - Gaps, slippage, and illiquidity can occur without warning
• Technical failures can happen - Internet connectivity, platform errors, or broker issues may prevent order execution

You should only trade with money you can afford to lose. You should not trade with borrowed funds, emergency savings, retirement funds, money needed for living expenses, or capital required for other important obligations.

If you do not fully understand these risks or are not prepared to accept potential losses, you should not engage in forex trading and should immediately cease using this Platform.

TradeJournal provides various tools including but not limited to position size calculators, risk/reward calculators, profit/loss calculators, pip value calculators, margin calculators, trading session indicators, economic calendars, news feeds, charts, and analytical features.

IMPORTANT DISCLAIMER REGARDING TOOLS AND DATA:

• No Guarantee of Accuracy - While we strive to provide accurate tools and data, we make no representations or warranties about the accuracy, completeness, reliability, or timeliness of any calculations, data, news, economic calendar information, or analytics
• Third-Party Data - Some data is sourced from third-party providers. We are not responsible for errors, omissions, delays, or inaccuracies in third-party data
• Technical Errors - Calculators and tools may contain bugs, errors, or inaccuracies. You must independently verify all results
• Not Real-Time - Data may be delayed or historical. Do not rely on our Platform for real-time trading data
• Economic Calendar - Economic calendar events, times, forecasts, and impacts are approximate and subject to change. Always verify with official sources
• News and Analysis - News content is for informational purposes only and should not be relied upon for trading decisions
• Your Responsibility to Verify - You are solely responsible for verifying all information, data, calculations, and news before making any trading decisions

We expressly disclaim all liability for any losses, damages, or adverse consequences resulting from your reliance on tools, calculators, data, news, economic calendars, or any information provided on the Platform.

You expressly agree that the Released Parties shall have NO LIABILITY for:

• Trading Losses - Any and all losses incurred from your trading activities, regardless of cause
• Direct Damages - Loss of profits, revenue, capital, income, or business opportunities
• Indirect Damages - Consequential, incidental, special, punitive, or exemplary damages
• Data Loss - Loss, corruption, or unauthorized access to your data, trades, or account information
• Service Interruptions - Downtime, outages, maintenance, errors, bugs, or unavailability of the Platform
• Inaccurate Information - Errors, omissions, or inaccuracies in tools, data, calculations, news, or content
• Third-Party Actions - Actions or omissions of brokers, data providers, or other third parties
• Security Breaches - Unauthorized access, hacking, data breaches, or cyber attacks
• Force Majeure - Acts of God, natural disasters, pandemics, wars, terrorism, government actions, or other events beyond our control
• Reliance on Content - Any reliance you place on Platform content, tools, analytics, or information
• Emotional Distress - Stress, anxiety, psychological harm, or emotional suffering
• Personal Injury - Any physical or mental injury or harm

THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF TRADEJOURNAL SHALL NOT EXCEED THE AMOUNT YOU PAID US IN SUBSCRIPTION FEES IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS LESS.

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose.

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that arise from or relate to:

• Your use or misuse of the Platform
• Your trading activities and trading decisions
• Your violation of these Terms of Service
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Any content you submit, post, or transmit through the Platform
• Your breach of any representations or warranties made in these Terms
• Any claims made by third parties arising from your conduct

This indemnification obligation will survive the termination of these Terms and your use of the Platform. You agree to cooperate fully in the defense of any claim and will not settle any claim without our prior written consent.

As a user of TradeJournal, you agree to:

• Conduct your own independent research and analysis before making any trading decisions
• Verify all information, data, and calculations independently
• Maintain the security and confidentiality of your account credentials
• Provide accurate and truthful information when creating your account
• Comply with all applicable laws, regulations, and broker requirements
• Accept full personal responsibility for all account activities
• Trade only with capital you can afford to lose
• Seek professional financial advice if needed

You agree NOT to:

• Use the Platform for any illegal, fraudulent, or unauthorized purpose
• Violate any laws or regulations in your jurisdiction
• Share your account access with others
• Attempt to circumvent security measures or access restrictions
• Reverse engineer, decompile, or disassemble any portion of the Platform
• Use automated systems (bots, scrapers) without authorization
• Upload viruses, malware, or malicious code
• Interfere with or disrupt the Platform's operation
• Misrepresent your affiliation with any person or entity
• Violate intellectual property rights
• Harass, abuse, or harm other users

Violation of these terms may result in immediate account suspension or termination without refund, and we reserve the right to pursue legal action.

Subscription Fees:

• Payment Processing: All subscription payments are processed through secure third-party payment processors (such as Stripe, PayPal, or similar). We do not store your complete credit card information.
• Monthly Subscriptions: Monthly subscriptions renew automatically unless cancelled. You may cancel at any time through your account settings; access continues until the end of the current billing period.
• Annual Subscriptions: Annual subscriptions renew automatically unless cancelled. Unless cancelled within the money-back period below, access continues to the end of the annual term.
• Lifetime Access: Where offered, one-time lifetime access fees provide access to the Platform for as long as we continue to operate it, subject to these Terms (including clause 11).
• 5-Day Money-Back Guarantee: You may request a full refund of your first payment for a paid plan within 5 business days of that payment by emailing admin@tradejournal.co.za. This voluntary guarantee is in addition to, and does not limit, any rights you have under the Consumer Protection Act 68 of 2008 or the Electronic Communications and Transactions Act 25 of 2002.
• Other Refunds: Outside the money-back period above, and except where a refund is required by applicable law, fees already paid are non-refundable, including for partially used billing periods.
• Price Changes: We reserve the right to modify subscription pricing at any time. A price change will not affect a subscription period you have already paid for, and we will give you notice before a new price applies to your next renewal.
• Taxes: You are responsible for any applicable taxes, duties, or fees imposed by your jurisdiction.
• Failed Payments: If payment fails, we may suspend or terminate your account access until payment is received.

No Other Financial Transactions: Your subscription fee is ONLY for software access. We do not:

• Charge commissions on trades (because we do not facilitate trades); or
• Earn performance fees or success fees.

Your trading capital remains entirely with YOUR chosen broker. We never see it, touch it, or have any access to it whatsoever.

Our ownership. All content, features, functionality, software, source and object code, designs, layouts, user interfaces, graphics, logos, trademarks, trade names, databases, algorithms, analytics, calculators, and other materials comprising or made available through TradeJournal (collectively, the "Platform IP") are and shall remain the sole and exclusive property of TradeJournal, Tapnet Solutions (Pty) Ltd, and/or our licensors. The Platform IP is protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property laws. We reserve all rights in and to the Platform IP that are not expressly granted to you in these Terms.

Restrictions. Except as expressly permitted by these Terms or by applicable law that cannot be excluded, you may not, and may not permit any third party to:

• Reproduce, distribute, publicly display, modify, adapt, translate, or create derivative works of the Platform or any Platform IP;
• Sell, resell, rent, lease, sublicense, lend, assign, or otherwise commercially exploit or make the Platform available to any third party;
• Copy, download, or extract any part of the Platform or its content, except your own trade journal data which you may export;
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, structure, or underlying ideas of the Platform, except to the limited extent such restriction is expressly prohibited by applicable law;
• Remove, obscure, or alter any copyright, trademark, or other proprietary notices;
• Use any data mining, scraping, robots, or similar automated data-gathering or extraction methods; or
• Use the Platform to build, train, or develop a competing product or service.

Your data. As between you and us, you retain ownership of the trade entries, notes, and other content you submit to the Platform ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, and display Your Content solely to the extent necessary to operate and provide the Platform to you, to maintain and improve the Service, and as otherwise described in our Privacy Policy. We do not claim ownership of Your Content, and you may export or delete it as set out in these Terms and our Privacy Policy.

Feedback. If you send us suggestions, ideas, or feedback about the Platform, you agree that we may use them without restriction or obligation to you, and you assign to us all rights in such feedback. We are not required to keep feedback confidential.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

To the fullest extent permissible by law, we disclaim all warranties, express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that the Platform will be uninterrupted, secure, or error-free
• Warranties that defects will be corrected
• Warranties regarding results or outcomes from using the Platform

We do not warrant that the Platform will meet your requirements or that it will be suitable for your particular trading strategy or style.

We reserve the right to suspend, terminate, or restrict your access to the Platform at any time, for any reason or no reason, without notice or liability. Reasons for termination may include but are not limited to:

• Violation of these Terms of Service
• Fraudulent or illegal activity
• Abusive behavior toward staff or other users
• Non-payment of subscription fees
• Long periods of account inactivity
• Technical or security concerns
• Discontinuation of the Platform or specific features

Upon termination, your right to use the Platform will immediately cease. We are not obligated to provide refunds for any unused subscription period. You remain liable for all obligations accrued prior to termination.

Changes to, or discontinuation of, the Service. We may, at any time, modify, update, add to, or discontinue any part of the Platform, including features, tools, and functionality, with or without notice. Where a change would, in our reasonable assessment, materially and adversely reduce the core functionality available to you on a paid plan, or where we discontinue the Platform entirely, we will give affected users at least 30 days’ prior notice by email or in-platform notification and an opportunity to export their data first. Changes to the Free Plan are governed by clause 8.

Your data on termination. Following termination or cancellation - except where you are in material breach or we are required to act immediately - we will make your trade journal data available for export for a period of at least 30 days, after which we may permanently delete it in the ordinary course, subject to any retention required by law and as described in our Privacy Policy.

PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS

Any dispute, controversy, or claim arising out of or relating to these Terms, your use of the Platform, or your relationship with TradeJournal (including any disputes about the validity, scope, or enforceability of this arbitration provision) shall be resolved through binding arbitration rather than in court.

Arbitration proceedings will be conducted in accordance with the rules of the arbitration body in South Africa, and judgment on the arbitration award may be entered in any court having jurisdiction.

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the courts located in South Africa, and you consent to the personal jurisdiction of such courts.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Changes will be effective immediately upon posting to the Platform. Your continued use of the Platform after any changes constitutes acceptance of the modified Terms.

It is your responsibility to review these Terms periodically. We may, but are not obligated to, notify you of material changes via email or Platform notification.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be modified to reflect the parties' intention as closely as possible, and the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy and any other legal notices published by us on the Platform, constitute the entire agreement between you and TradeJournal concerning your use of the Platform and supersede all prior agreements or understandings.

Assignment. We may assign, transfer, novate, or delegate these Terms or any of our rights and obligations under them, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganisation, sale of assets, or by operation of law. You may not assign or transfer these Terms, your account, or any rights under them without our prior written consent. Any attempted assignment in breach of this clause is void. These Terms bind and benefit the parties and their permitted successors and assigns.

Third-party services and links. The Platform may link to, or interoperate with, third-party websites, services, brokers, payment processors, data providers, or content that we do not own or control. We provide these for convenience only and do not endorse them. We are not responsible or liable for the availability, content, products, policies, or practices of any third party, and your use of any third-party service is governed by that third party’s own terms and privacy policy. Sponsored placements are identified as such where they appear (see clause 2).

Force majeure. We will not be liable for any delay in, or failure of, performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, fire or flood, epidemics or pandemics, power failures or load-shedding, internet or telecommunications failures, failures or acts of third-party providers, cyber-attacks, strikes, war, terrorism, civil unrest, or governmental or regulatory action.

Notices and electronic communications. You consent to receive communications from us electronically, and you agree that electronic communications satisfy any legal requirement that such communications be in writing. We may give notices to you by email to the address associated with your account or by posting them within the Platform. Notices to us must be sent to legal@tradejournal.co.za. You are responsible for keeping your account email address current.

No waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that or any other right or provision. Any waiver must be in writing and signed by us to be effective, and a waiver on one occasion will not be a waiver on any future occasion.

Relationship of the parties. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between you and us. You and we are independent parties, and neither may bind the other.

Survival. Any provisions that by their nature are intended to survive termination - including those concerning ownership and intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution - will survive termination of these Terms and your use of the Platform.

Data protection. We process personal information in accordance with our Privacy Policy and the Protection of Personal Information Act 4 of 2013 (POPIA). Please review our Privacy Policy to understand how we collect, use, store, and protect your information. While we apply reasonable technical and organisational measures to safeguard your data, no method of transmission or storage is completely secure and we cannot guarantee absolute security.

If you have questions about these Terms of Service, please contact us at: