Terms of Service

1. Agreement to Terms

Welcome to Trader Diary ("we," "our," or "us"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Trader Diary regarding your use of our trading journal service, website, and related services (collectively, the "Service").

By accessing or using Trader Diary, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all users, including visitors, registered users, and subscribers.

2. Eligibility and Account Registration

2.1. Age Requirement

You must be at least 18 years old to use Trader Diary. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2.2. Account Registration

To use certain features of the Service, you must register for an account. When you register, you agree to:

• • Provide accurate, current, and complete information
• • Maintain and promptly update your account information
• • Maintain the security of your password and account
• • Accept responsibility for all activities that occur under your account
• • Notify us immediately of any unauthorized use of your account
• • Use only one account per person (multiple accounts are prohibited)

2.3. Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree not to share your account with others or allow unauthorized access. We are not liable for any loss or damage arising from your failure to protect your account information.

3. Description of Service

Trader Diary is a web-based trading journal application that enables users to:

Important: Trader Diary is a journaling and analysis tool designed to help you track and analyze your own trading activity. It is NOT a trading platform, broker, financial advisor, or investment service. We do not execute trades, provide trading signals, offer financial advice, or make investment recommendations.

4. Acceptable Use Policy

4.1. Permitted Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service:

• • For personal trading journal and analysis purposes
• • In compliance with all applicable laws and regulations
• • In a manner that does not infringe upon the rights of others
• • In a manner that does not interfere with or disrupt the Service

4.2. Prohibited Activities

You agree NOT to:

4.3. Violations

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, without refund, and may subject you to legal action.

5. Subscription Plans, Billing, and Payments

5.1. Subscription Plans

Trader Diary offers various subscription plans with different features and usage limits. Subscription plans are based on the number of trades you can log per month. All plans include access to core features: trade logging, performance analytics, journaling, reports, and insights.

Current pricing and plan details (including monthly trade limits, features, and pricing) are available on our Pricing page. We reserve the right to modify subscription plans, features, and pricing at any time. Changes to pricing will not affect your current billing cycle but may apply to renewals. You will be notified of any material changes to your plan at least 30 days in advance.

5.2. Free Trial

We may offer a free trial period for new users. During the trial, you have full access to all features available in the selected plan. No credit card is required to start a trial. The trial period duration and terms will be clearly disclosed at signup. At the end of the trial period:

• • You will be required to subscribe to a paid plan to continue using the Service
• • If you do not subscribe, your account will be converted to a free Starter plan (if available) or your access will be limited
• • You can cancel at any time during the trial without being charged

5.3. Billing and Payment

By subscribing to a paid plan, you agree to:

• • Pay all fees associated with your subscription plan
• • Provide accurate billing and payment information
• • Authorize us to charge your payment method for subscription fees
• • Pay fees in the currency specified at the time of purchase

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are non-refundable except as required by law or as explicitly stated in our refund policy.

5.4. Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method for renewal fees. You can cancel your subscription at any time through your account settings.

5.5. Price Changes

We reserve the right to change subscription prices at any time. Price changes will be communicated to you at least 30 days in advance. Price changes will apply to your next billing cycle. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

5.6. Refund Policy

We offer a 30-day money-back guarantee for new paid subscriptions. If you are not satisfied with Trader Diary within the first 30 days of your paid subscription, contact us at support@traderdiary.com for a full refund. Refunds are processed within 10 business days to your original payment method.

After the 30-day period, subscription fees are generally non-refundable. However, we may provide refunds in exceptional circumstances at our sole discretion, including where required by applicable consumer protection laws (e.g., EU consumer rights, CCPA). Refunds do not apply to:

• • Partial billing periods (pro-rated refunds are not available)
• • Fees for services already used beyond the refund period
• • Accounts terminated for violation of these Terms
• • Free trial periods (no charges are made during trials)

5.7. Failed Payments

If payment fails, we will attempt to charge your payment method again. If payment continues to fail, we may suspend or terminate your subscription. You are responsible for ensuring your payment method is valid and has sufficient funds.

6. Intellectual Property Rights

6.1. Our Intellectual Property

The Service, including all content, features, functionality, software, designs, logos, trademarks, and other materials, is owned by Trader Diary or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use in accordance with these Terms. This license does not include:

• • The right to resell, sublicense, or commercialize the Service
• • The right to modify, copy, or create derivative works
• • The right to reverse engineer or extract source code
• • The right to use our trademarks, logos, or branding without permission

6.2. Your Content and Data

You retain all ownership rights to the trading data, journal entries, and other content you upload or create using the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive, worldwide license to:

• • Store, process, and display Your Content to provide the Service
• • Use Your Content to calculate metrics, generate reports, and provide analytics
• • Create backups and ensure data security
• • Use aggregated, anonymized data for service improvement (we never use your individual data for this purpose)

Important: We do NOT claim ownership of Your Content. You can export and delete your data at any time. We do NOT use Your Content for advertising or share it with third parties (except as necessary to provide the Service, as described in our Privacy Policy).

6.3. Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Service without obligation to you.

7. Third-Party Services and Integrations

Trader Diary integrates with third-party services to provide certain features:

Disclaimer: We are not responsible for the availability, accuracy, or practices of third-party services. Your use of third-party services is subject to their respective terms and privacy policies. We disclaim all liability related to third-party services.

8. Disclaimers and Warranties

8.1. Service "As-Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• • WARRANTIES OF MERCHANTABILITY
• • FITNESS FOR A PARTICULAR PURPOSE
• • NON-INFRINGEMENT
• • ACCURACY, RELIABILITY, OR COMPLETENESS
• • UNINTERRUPTED OR ERROR-FREE OPERATION

8.2. Trading Disclaimer

TRADER DIARY IS A JOURNALING AND ANALYSIS TOOL ONLY. IT IS NOT:

• • A trading platform or broker
• • A financial advisor or investment service
• • A source of trading signals or recommendations
• • A guarantee of trading success or profitability

Trading involves substantial risk of loss. Past performance does not guarantee future results. You are solely responsible for your trading decisions and their outcomes.

8.3. Data Accuracy

While we strive for accuracy, we do not warrant that:

• • All calculations and metrics are error-free
• • Market data is accurate or timely
• • The Service will meet your specific requirements
• • The Service will be available at all times

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRADER DIARY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

Maximum Liability: Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100, whichever is greater.

Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Trader Diary and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• • Your use of the Service
• • Your violation of these Terms
• • Your violation of any rights of another party
• • Your trading decisions and their outcomes
• • Your Content or any content you submit through the Service

11. Termination and Suspension

11.1. Termination by You

You may cancel your account at any time through your account settings or by contacting us. Upon cancellation:

• • Your subscription will remain active until the end of your current billing period
• • You will continue to have access to the Service until the end of your billing period
• • You can export your data at any time before cancellation
• • Your data will be deleted in accordance with our Privacy Policy (typically within 30 days)

11.2. Termination by Us

We may suspend or terminate your account immediately, without notice or refund, if:

• • You violate these Terms or our Acceptable Use Policy
• • You engage in fraudulent, illegal, or harmful activities
• • You fail to pay subscription fees
• • We are required to do so by law or court order
• • We discontinue the Service (with reasonable notice when possible)

11.3. Effect of Termination

Upon termination:

• • Your right to use the Service immediately ceases
• • You must stop using the Service and delete any downloaded materials
• • We may delete your account and data (subject to our Privacy Policy)
• • Sections of these Terms that by their nature should survive will survive (e.g., intellectual property, disclaimers, limitations of liability)

12. Digital Millennium Copyright Act (DMCA)

Trader Diary respects intellectual property rights and complies with the DMCA. If you believe that content on the Service infringes your copyright, please send a DMCA takedown notice to our designated agent:

We will respond to valid DMCA notices promptly and may remove or disable access to infringing content. Repeat infringers may have their accounts terminated.

13. Dispute Resolution and Governing Law

13.1. Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at support@traderdiary.com to attempt to resolve any dispute informally. We will make good faith efforts to resolve disputes within 30 days.

13.2. Binding Arbitration

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, except for:

• • Claims that may be brought in small claims court
• • Intellectual property disputes (which may be brought in court)
• • Claims for injunctive relief

Arbitration will be conducted by a single arbitrator under the rules of the American Arbitration Association (AAA) or similar arbitration organization. Arbitration will be conducted in English and the arbitrator's decision will be final and binding.

13.3. Class Action Waiver

You agree that disputes will be resolved individually and not as part of a class action, consolidated action, or representative proceeding. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13.4. Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. For users in the European Union, these Terms are subject to EU consumer protection laws and regulations, including GDPR. For users in California, these Terms are subject to California law, including CCPA. For users in other jurisdictions, local consumer protection and data protection laws may apply.

Nothing in these Terms limits or waives your rights as a consumer under mandatory applicable law in your jurisdiction. Where there is a conflict between these Terms and mandatory consumer protection laws, the mandatory laws shall prevail.

13.5. Jurisdiction

For disputes not subject to arbitration:

• • EU Residents: You may bring claims in the courts of your country of residence or in the courts of the jurisdiction where we are established, at your choice. EU consumers also have the right to use the European Commission's Online Dispute Resolution platform.
• • California Residents: You may bring claims in California state or federal courts, subject to the arbitration provisions above.
• • Other Jurisdictions: Disputes will be resolved in accordance with applicable local laws and jurisdiction rules.

14. General Provisions

14.1. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Trader Diary regarding the Service and supersede all prior agreements and understandings.

14.2. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email or prominent notice on the Service at least 30 days before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

14.3. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

14.4. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us.

14.5. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or transfer our rights and obligations to any third party without your consent.

14.6. Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet failures, or government actions.

14.7. Consumer Rights and Global Compliance

European Union: If you are a consumer in the European Union, you have certain rights that cannot be waived by these Terms, including rights under GDPR, the Consumer Rights Directive, and other EU consumer protection laws. Nothing in these Terms affects your statutory consumer rights under EU law.

California: If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA) and other California consumer protection laws. These Terms do not limit your rights under CCPA or other applicable California laws.

Other Jurisdictions: We respect applicable consumer protection and data protection laws in all jurisdictions where we operate. If you are a consumer in any jurisdiction, your mandatory consumer rights under local law are not affected by these Terms.

15. Contact Information

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