Terms of Service

§ 1 Scope of Application

  1. These Terms of Service govern the contractual rights and obligations between MindTrajour UG, Straße der Jugend 18, 14974 Ludwigsfelde (hereinafter referred to as MindTrajour) and the customer for the use of the Software-as-a-Service Mindful Trading Journal (hereinafter referred to as the Service).
  2. The service provided by MindTrajour is aimed at consumers as defined in § 13 BGB (hereinafter referred to as customers).

§ 2 Use, Requirements and Availability of the Service, Storage Space, Documentation, Support

The essential features of the service are as follows:

  1. To use the service, the customer must have an internet-enabled device and use one of the following web browsers in the latest version: preferably Google Chrome, but also Safari or Microsoft Edge.
  2. The service enables the customer to document their trading and investing independently by manually entering the information from the broker into the trading journal. The service includes various evaluation options and statistics. MindTrajour reserves the right to adapt and expand the service at any time. All changes to the service are covered by these Terms of Service.
  3. All information provided by MindTrajour is for entertainment and educational purposes only. None of the information provided on the Service should be considered as the sole reliable basis for actual investment decisions. None of the information on this website or in particular the Service is guaranteed to be accurate, complete, useful or timely.
  4. The availability of the service is 98% on an annual average, including maintenance work. Regular maintenance and adjustments can be carried out between 8:00 PM and 7:00 AM and will be announced on the website 2 days in advance. Extraordinary service interruptions and maintenance will be announced on the website as soon as possible and remedied as quickly as possible. Notwithstanding this provision, MindTrajour reserves the right to fix issues reported on a working day after 3:00 PM, on a Saturday, Sunday, or public holiday (Brandenburg) on the following working day.
  5. Customer support inquiries via email will be answered within seven working days unless otherwise agreed.

§ 3 Usage Rights, Reproduction, No Use by Third Parties

  1. The customer receives a non-exclusive and non-transferable right to use the software for the duration of the contract. The service may only be used personally by the registered customer.
  2. The customer is given the opportunity to test the service for free for a certain period of time. Once this period has expired, the customer must switch to the paid version to continue using the service. After the trial period ends, the customer will lose access to their data. If they wish to retrieve their data, they must contact MindTrajour via info@mindtrajour.com within a period of 30 days and will receive their data export within 30 days.
  3. The customer can cancel their account at any time. Their data will still be stored indefinitely.
  4. The customer can irrevocably delete their account at any time. If the customer wish to retrieve their data, they must contact MindTrajour via info@mindtrajour.com within a period of 30 days and will receive their data export within 30 days. Once the account is deleted, their data will also be deleted.

§ 4 Fees, Due Date

  1. For the use of the service, the customer pays a monthly or annual fee, depending on the chosen payment plan, to MindTrajour. The current price list at the time of contract conclusion on the homepage at mindtrajour.com applies.
  2. Prices are gross prices including statutory VAT.
  3. The payment is made on the day of the paid registration for the use of the software, depending on the selected payment plan, for a month or a year. The payment is processed through the external provider Stripe. The terms of condition of Stripe apply to the payment https://stripe.com/legal/consumer.
  4. The price list can be changed by MindTrajour. The new price list is considered approved by the customer if they explicitly agree to it. If there is no agreement, the contract will be terminated

§ 5 Duration and Termination of the Contract, Data Retention After the End of the Contract Term

  1. The contract begins with the customer's registration, runs for an indefinite period, and can be terminated by either party at any time at the end of the month or year, depending on the chosen payment plan. The right to extraordinary termination for good cause remains unaffected.
  2. If the customer violates other contractual obligations, MindTrajour can terminate the contract extraordinarily, provided that the customer has been previously warned and, if applicable, given a reasonable period to rectify the breach.
  3. In the event of an ordinary termination, MindTrajour retains the data transmitted during the contract term for an indefinite period. This is distinct from deleting the customer's account with the service. If the customer deletes their account, their transmitted data will also be deleted from MindTrajour's servers. If the customer wish to retrieve their data, they must contact MindTrajour via info@mindtrajour.com within a period of 30 days and will receive their data export within 30 days.
  4. In the event of extraordinary termination, MindTrajour reserves the right to delete the data prematurely. If the customer wish to retrieve their data, they must contact MindTrajour via info@mindtrajour.com within a period of 10 days and will receive their data export within 30 days.

§ 6 Data Protection

The customer is informed by MindTrajour in a separate privacy policy in accordance with Articles 13 and 14 of the GDPR about the handling of their data.

§ 7 Liability of MindTrajour

  1. MindTrajour guarantees the functionality and operational readiness of the service in accordance with the provisions of this contract.
  2. MindTrajour is not liable for the investment success of the customer. The service is solely for documenting the investment decisions that the customer makes independently through an external broker. MindTrajour is not liable for investment decisions made by the customer based on information provided by the service. The customer is encouraged to compare the information from the service with the information from their broker and to seek advice from a professional financial advisor before making investment decisions.
  3. Claims for damages against MindTrajour are excluded, regardless of the legal basis, unless the legal representatives of MindTrajour or its agents have acted intentionally or with gross negligence. MindTrajour is only liable for slight negligence if one of its essential contractual obligations has been violated by its legal representatives, senior executives, or agents. In this case, MindTrajour is only liable for foreseeable damages that are typical for the contract. Essential contractual obligations are those that form the basis of the contract, were decisive for the conclusion of the contract, and on which the customer may rely.
  4. MindTrajour is, however, liable without limitation for damages caused intentionally or negligently resulting from injury to life, body, or health by its legal representatives or agents.
  5. MindTrajour may send documents, links, or other media of any kind from a third party to the customer. This is solely for informational purposes. MindTrajour selects these sources to the best of its knowledge and belief, but has no influence on the creation and modification of the content by the third party and is therefore not liable for possible damages due to incorrect information.

§ 8 Right of Withdrawal

The statutory right of withdrawal applies.

1. Withdrawal Instruction

If a valid contract has been concluded between the customer and MindTrajour, the customer has the legal right to withdraw from this contract within fourteen (14) days without providing any reason.The withdrawal period for a contract for the purchase of digital content and/or services is fourteen (14) days from the day of the contract conclusion.To exercise the right of withdrawal, the customer must inform MindTrajour of the decision to withdraw from the contract through a clear statement (e.g., a letter sent by post, telephone, fax, or email).

Contact Information:

See Imprint: https://mindtrajour.com/legal/imprint

Email: info@mindtrajour.com

The customer can use the following model withdrawal form, but it is not mandatory:

Model Withdrawal Form:

(If you wish to withdraw from the contract, please complete and return this form.)-

To: MindTrajour UG, Straße der Jugend 18, 14974 Ludwigsfelde, Germany

  • I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
  • Ordered on ()/received on ()
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only if notified on paper)
  • Date

(*) Delete as appropriate.

To meet the withdrawal deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

2. Consequences of Withdrawal

If the customer withdraws from the contract, MindTrajour must refund all payments received from the customer without undue delay and no later than fourteen (14) days from the day on which MindTrajour received the notification of withdrawal. For this repayment, MindTrajour will use the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise; in no case will the customer be charged any fees for this repayment. However, the customer may have to bear the return shipping costs. From the time of withdrawal, there is no access to the digital content or other relevant product website content.

§ 9 Applicable Law, Jurisdiction, Ancillary Agreements, Non-Applicability of the Customer's General Terms and Conditions, Changes to These Terms

  1. The law of the Federal Republic of Germany applies. The place of jurisdiction is Berlin, insofar as legally permissible.
  2. These terms of service are considered the only contractual content that exists between MindTrajour and the customer. All other agreements are hereby settled and cease to be effective.
  3. These terms of service can be changed by MindTrajour as follows: MindTrajour will notify the customer of the intended change in text form, which the customer can expressly accept. If not accepted, the contract can be terminated.

End of Terms of Service

Effective Date: July 31, 2024