Terms of Service

These Terms of Service ("Terms") govern the contractual relationship between Florian Christen and Tim Kägi, Marktgasse 18, 8706 Meilen, Switzerland, e-mail support@tradementorx.com (the "Provider"), and the users (each a "User") of the platform TradeMentor, also referred to as TradeMentorX, operated at tradementorx.com (the "Platform").

A "Consumer" is any natural person using the Platform for purposes that are predominantly outside their trade, business or profession. A "Business User" is any other User.

Deviating or supplementary terms of the User do not become part of the contract unless the Provider expressly agrees to them in text form.

The Platform is intended exclusively for adults with full legal capacity. By registering, the User confirms that they are at least 18 years old.

For Consumers habitually resident in the European Economic Area (EEA) or the United Kingdom, Annexes A and B apply in addition; for Users habitually resident in the United States, Annex C applies. Where an Annex applies, it prevails over sections 1 to 21.

The German version of these Terms, available at /agb, is authoritative. This English version is a translation provided for information. Annex C is binding in English.

The user agreement is concluded when the User completes registration, accepts these Terms in the process, and the Provider activates the user account.

A paid subscription (including a trial period with a stored payment method) is concluded in the following steps: (1) selection of the subscription, (2) redirection to the payment service provider's order page, (3) entry of payment details and review of the order summary, (4) binding order by clicking the order button. Until that click, the User may correct their entries or abort the process at any time.

Receipt of the order is confirmed to the User by e-mail without undue delay.

The Provider records which version of these Terms the User accepted and when. The current version is available at /agb and /terms and can be saved and printed there.

The Platform is a software-as-a-service solution for recording and analysing the User's own trading activity. Depending on the subscription, it includes in particular:

• import and synchronisation of trading data from accounts with third-party providers and from files • trading journal and notes • calculation of metrics, statistics and discipline evaluations • AI-supported behavioural coaching based on the User's own trade history • reports and exports

The exact scope of each subscription is set out in the service description on the pricing page at the time of the order.

Features marked as preview, beta or similar are provided without any assurance of a particular quality or availability and may be changed or discontinued at any time.

The Provider is not a bank, securities firm, broker, asset manager or investment adviser and holds no licence or registration from any financial market supervisory authority. The Platform does not accept client funds, does not execute orders and does not arrange transactions in financial instruments.

All content of the Platform — metrics, statistics, scores, evaluations, coaching output and texts — serves exclusively the purposes of information, self-reflection and education. It is NOT investment advice, NOT a personal recommendation, NOT financial analysis, NOT a trading signal and NOT a solicitation to buy, hold or sell financial instruments.

The coaching relates retrospectively to the User's behaviour in trades that have already been closed. It does not take into account the User's financial situation, investment objectives or risk capacity.

The User makes all trading decisions independently and at their own risk.

Trading financial instruments — in particular leveraged products such as CFDs, futures and foreign exchange, as well as crypto assets — involves substantial risk and may result in the total loss of the capital invested and, with leveraged products, in losses exceeding it.

Results displayed on the Platform are historical evaluations. Past results, whether actual or simulated, are not a reliable indicator of future results. Use of the Platform does not guarantee trading success.

Parts of the Platform, in particular the coaching, generate content using artificial intelligence systems. In those parts the User interacts with an AI system and not with a human.

AI-generated content may be inaccurate, incomplete or unsuitable in a particular case. The User must not use it as the sole basis for decisions and reviews it on their own responsibility.

The Provider uses third-party services for AI features. Which data is transmitted to which providers, and on what basis, is set out in the privacy policy.

The User provides truthful information on registration and keeps it up to date. A user account is personal and may not be shared with or transferred to third parties.

The User keeps their credentials confidential and protects them against access by third parties. The User informs the Provider without undue delay if there are indications that their account is being misused.

The User is responsible for actions taken through their account to the extent that the misuse is attributable to them.

Where the User connects accounts held with brokers, exchanges, trading platforms or proprietary trading firms ("Third-Party Providers") to the Platform, the User authorises the Provider to retrieve, store and analyse the trading data of those accounts on the User's behalf.

The Platform is designed to read data only. It does not open, modify or close positions and does not initiate deposits or withdrawals.

Wherever the Third-Party Provider offers this, the User supplies only credentials with read-only rights (e.g. investor password, API key without trading and withdrawal rights). If the User supplies credentials with more extensive rights, they do so at their own risk.

The User is responsible for ensuring that the connection is permitted under the terms of their Third-Party Provider. This applies in particular to proprietary trading firms, which may restrict the use of third-party software or the sharing of credentials.

Unless expressly stated otherwise, the Provider has no corporate or contractual affiliation with Third-Party Providers. Their interfaces are outside the Provider's control; their availability, completeness and continued form cannot be assured.

Imported data and the metrics calculated from it may be incomplete, delayed or incorrect and may deviate from the Third-Party Provider's statements. The Third-Party Provider's statements are always authoritative. The Platform's evaluations are not intended for tax, accounting or regulatory purposes.

Where the Provider offers a free trial period, it requires a valid payment method to be stored. The duration and scope of the trial, the subsequent subscription and its price are displayed before the order is completed.

UNLESS THE USER CANCELS BEFORE THE TRIAL PERIOD ENDS, IT CONVERTS AUTOMATICALLY INTO THE PAID SUBSCRIPTION DISPLAYED AT THE TIME OF THE ORDER, AND THE STORED PAYMENT METHOD IS CHARGED THE PRICE DISPLAYED.

Paid subscriptions are billed in advance for each billing period and RENEW AUTOMATICALLY FOR A FURTHER BILLING PERIOD EACH TIME UNTIL THEY ARE CANCELLED (section 11).

The total price shown in the order process is decisive. It is shown and charged in the currency of the market the user confirms before ordering: CHF for Switzerland and Liechtenstein, EUR for the other EEA states, GBP for the United Kingdom, USD for the USA and all other countries. For Consumers, prices shown in CHF, EUR and GBP include any applicable statutory taxes. Prices shown in USD exclude any applicable statutory taxes (e.g. sales tax); where such taxes apply, they are shown separately in the order process before the binding order. A running subscription continues in the currency in which it was concluded.

Payments are processed by an external payment service provider. If a charge fails, the Provider may retry it and, after an unsuccessful reminder in text form, suspend access to paid features until payment is received.

The Provider announces price changes for running subscriptions in text form at least 30 days in advance. They take effect no earlier than the next billing period after that notice period. The User may cancel the subscription before the change takes effect; the Provider points this out in the announcement.

On request, the Provider refunds the first subscription fee in full if the User requests this in text form (e.g. by e-mail) within 14 days of the first charge. The subscription ends upon refund.

The guarantee applies once per User.

The guarantee exists in addition to, and independently of, any statutory right of withdrawal (Annex B). The two periods run separately: the withdrawal period starts when the contract is concluded, i.e. in the case of a trial period when the trial starts, and may already have expired by the time of the first charge. The guarantee period starts only with the first charge.

The user agreement runs for an indefinite period. Subscriptions have the term (billing period) selected at the time of the order.

The User may cancel a subscription at any time with effect from the end of the current billing period — online through the subscription management in the user account, without logging in via the page "Cancel your contract" (/kuendigung), or by notice in text form to the Provider. Access continues until the end of the billing period. Subject to section 10 and mandatory statutory rights, no pro-rata refund is made.

The Provider may terminate a subscription with 30 days' notice to the end of a billing period.

The right of both parties to terminate without notice for good cause remains unaffected. Good cause for the Provider exists in particular where the User remains in default of payment despite a reminder or seriously or repeatedly breaches section 12 or 13.

The User may initiate deletion of their account at any time in the account settings. Before deletion, the User may export their data. After the contract ends, data is deleted in accordance with the privacy policy, unless statutory retention obligations prevent this.

The Platform, including software, texts, graphics, trademarks and databases, is legally protected. For the term of the contract the User receives a non-exclusive, non-transferable and non-sublicensable right to use the Platform for their own purposes within these Terms.

The User must not:

• pass on credentials or share an account with third parties • copy, decompile or reverse engineer the Platform or parts of it, except where mandatory law permits • extract content by automated means (scraping) or place an excessive load on the Platform • circumvent technical protection measures or the limits of the chosen subscription • introduce malicious code or impair the security of the Platform • use the Platform or its evaluations to provide investment advice, trading signals or comparable services to third parties • use the Platform unlawfully or to infringe third-party rights

Use of application programming interfaces (API) and white-label and team offerings requires a separate agreement.

The User remains the owner of their content (e.g. trade data, journal entries, notes, images). The User grants the Provider a non-exclusive right, limited to the term of the contract, to store, process and display this content to the extent necessary to provide the services.

Where the User uses community features (e.g. leaderboards, shared content, groups), the User is responsible for the content they share. The User does not share content that is unlawful, misleading or infringes third-party rights, and does not address investment recommendations or trading signals to other Users.

Content of other Users does not reflect the views of the Provider. The Provider is entitled, but not obliged, to review content. It may remove content and exclude Users from community features where there are specific indications of a breach. Where the Provider removes content or restricts the use of community features, it informs the affected User of the reasons. Notices of unlawful content may be sent to the e-mail address stated in section 1 and are processed in a timely manner.

The Provider endeavours to keep the Platform available with as little interruption as possible but does not assure any particular availability. Maintenance, security measures and disruptions outside its control (e.g. at hosting, payment, AI or Third-Party Providers) may lead to restrictions.

The Provider continuously develops the Platform and may change, replace or discontinue features. If this materially reduces the scope of a running paid subscription to the User's detriment, the User may cancel the subscription as of the time of the change and receives a pro-rata refund of fees already paid.

The Platform does not replace the User's own data backup. The User retains documents that are important to them, in particular their Third-Party Providers' statements.

The Provider performs its services with customary care. It does not warrant that the Platform is free of errors, that calculated metrics are accurate in every case, or that use leads to particular results.

The User reports defects, where possible describing the circumstances in which they occur. The Provider remedies reported defects within a reasonable period. Further warranty claims are excluded to the extent permitted by law. Mandatory statutory warranty rights of Consumers remain unaffected.

The Provider is liable without limitation for damage it causes intentionally or through gross negligence, for personal injury, and to the extent that the law mandatorily prescribes liability (in particular under product liability law).

In all other respects the Provider's liability, on whatever legal ground, is excluded to the extent permitted by law. This applies in particular to slight negligence, to the conduct of auxiliary persons, and to indirect and consequential damage such as lost profit, trading losses, missed trading opportunities, loss of data and third-party claims.

To the extent that the Provider is liable notwithstanding the preceding paragraph, its liability for all claims arising in a contract year is limited in total to the amount of subscription fees the User paid in the twelve months before the damaging event, but not less than CHF 100.

In particular, the Provider is not liable for losses from the User's trading decisions, for the accuracy and completeness of data supplied by Third-Party Providers, for outages of and changes to third-party services, or for events of force majeure. Paragraph 1 remains reserved in every case.

For Consumers habitually resident in the EEA or the United Kingdom, the rule in Annex A applies instead of paragraphs 2 and 3.

The User indemnifies the Provider against third-party claims, including reasonable costs of legal defence, that are based on the User's culpable unlawful use of the Platform or use in breach of contract, in particular through content shared by the User or the impermissible connection of accounts with Third-Party Providers.

The Provider processes personal data in accordance with the privacy policy at /datenschutz.

Where the Provider processes personal data of third parties on behalf of a Business User, the parties conclude a data processing agreement on request.

The User confirms that they are not listed on any sanctions list of Switzerland, the European Union, the United Kingdom or the United States and are not resident in a country subject to comprehensive sanctions imposed by any of them. The Provider may suspend accounts to the extent necessary to comply with sanctions law.

The Provider operates the Platform from Switzerland. It does not represent that use of the Platform is lawful in every country. The User is responsible for ensuring that use is lawful at their place of residence.

The Provider may amend these Terms with effect for the future where there is an objective reason — in particular a change in the law or case law, regulatory requirements, security requirements, new or changed features, or the removal of ambiguities — and the balance between performance and consideration is not materially shifted to the User's detriment.

The Provider communicates the amended version to the User in text form at least 30 days before it takes effect and highlights the changes. If the User does not object before the effective date, the amendment is deemed accepted; the Provider specifically points out this effect and the right to object in the notice. If the User objects, the previous version continues to apply; in that case either party may terminate the contract with ordinary notice.

Changes affecting main performance obligations or the price are not governed by this section but by sections 9 and 14, or require the User's express consent.

Swiss substantive law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.

As against Consumers, this choice of law applies only to the extent permitted by law. It does not deprive the Consumer of the protection afforded by the mandatory provisions of the law of the country in which they are habitually resident. Where the applicable conflict-of-law rules mandatorily require the law of that country to be applied, that law applies.

The exclusive place of jurisdiction for disputes with Business Users is the Provider's registered office or domicile. For disputes with Consumers, the statutory places of jurisdiction apply; in particular, the Consumer may bring proceedings at their own domicile and may be sued only there, to the extent the law so provides.

Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions is unaffected. The statutory rule takes the place of the invalid provision.

The Provider may transfer the contract with all rights and obligations to a legal successor or an affiliated company that takes over operation of the Platform. It notifies the User at least 30 days in advance; in that case the User may terminate the contract as of the time of the transfer.

If a party refrains from enforcing a right under these Terms in an individual case, this does not constitute a waiver for the future. Notices from the Provider are sent to the e-mail address stored in the user account.

This Annex applies to Consumers habitually resident in a member state of the EEA or in the United Kingdom.

A.1 Mandatory law. Rights to which the Consumer is entitled under the mandatory law of their country of residence remain unaffected by these Terms. This applies in particular to statutory warranty rights for digital products, including the right to updates, and, in the United Kingdom, to rights under the Consumer Rights Act 2015.

A.2 Liability. Instead of section 16 paragraphs 2 and 3, the following applies: The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under product liability law, for defects fraudulently concealed, and under guarantees expressly assumed. In the event of a slightly negligent breach of a material contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the User may regularly rely — the Provider's liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded. Otherwise, liability for slight negligence is excluded.

A.3 Prices. In deviation from section 9, a price increase for a running subscription takes effect only with the Consumer's express consent. If the Consumer does not consent, the subscription continues at the previous price; the Provider may terminate it with ordinary notice under section 11.

A.4 Changes to the Terms. Deemed acceptance under section 20 does not apply. Changes take effect as against the Consumer only with their express consent. If the Consumer does not consent, the previous version continues to apply; the Provider may terminate the contract with ordinary notice under section 11.

A.5 Indemnification. Section 17 applies only to the extent that the infringement is attributable to the Consumer.

A.6 Right of withdrawal. The Consumer has the statutory right of withdrawal in accordance with the withdrawal information in Annex B. The electronic withdrawal function is available at /widerruf and via the link "Withdraw from your contract" in the footer of every page.

A.7 Dispute resolution. The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Florian Christen and Tim Kägi, Marktgasse 18, 8706 Meilen, Switzerland, e-mail: support@tradementorx.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form, but it is not obligatory. You may also exercise your right of withdrawal online at https://tradementorx.com/widerruf. If you use this online function, we will send you an acknowledgement of receipt on a durable medium (e.g. by e-mail) without undue delay, including information on the content of the withdrawal statement and the date and time of its receipt.

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

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.) — To Florian Christen and Tim Kägi, Marktgasse 18, 8706 Meilen, Switzerland, e-mail: support@tradementorx.com — I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*) — Ordered on (*) — Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this form is notified on paper) — Date (*) Delete as appropriate.

This Annex applies to Users who reside in the United States. It is binding in English and prevails over sections 1 to 21 to the extent of any conflict.

C.1 Educational purposes only. All content, analytics, statistics, scores and coaching output provided through the platform are for educational and informational purposes only. Nothing on the platform constitutes investment, financial, legal, tax or accounting advice, a recommendation or a solicitation to buy, sell or hold any financial instrument, and nothing should be relied upon as the sole basis for any trading or investment decision.

C.2 No registration. The provider is not a registered broker-dealer, investment adviser (with the SEC or any state), commodity trading advisor, futures commission merchant or introducing broker (with the CFTC or NFA), and does not engage in any activity that would require such registration. The provider does not advocate the purchase or sale of any individual financial instrument and does not execute or route orders.

C.3 Risk disclosure. Trading futures, foreign exchange, CFDs, securities, options and digital assets involves substantial risk of loss and is not suitable for every person. You may lose all of your initial investment and, with leveraged products, more than your initial investment. Past performance, whether actual or indicated by historical or simulated statistics, is not indicative of future results. Hypothetical or simulated performance has inherent limitations and does not represent actual trading.

C.4 Automatic renewal. IF YOU START A FREE TRIAL, YOU MUST PROVIDE A PAYMENT METHOD. UNLESS YOU CANCEL BEFORE THE TRIAL ENDS, YOUR TRIAL CONVERTS INTO THE PAID SUBSCRIPTION SHOWN AT CHECKOUT, AND YOUR PAYMENT METHOD WILL BE CHARGED THE PRICE SHOWN AT CHECKOUT FOR EACH BILLING PERIOD UNTIL YOU CANCEL. You can cancel at any time online through the subscription management in your account, or by e-mail to the provider. Cancellation takes effect at the end of the current billing period.

C.5 Disclaimer of warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.

C.6 Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY TRADING LOSSES, LOST PROFITS, LOST OPPORTUNITIES OR LOSS OF DATA, AND THE PROVIDER'S TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO THE PROVIDER IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND USD 100.

C.7 Assumption of risk and indemnification. You assume all risk associated with trading decisions you make. You agree to indemnify and hold the provider harmless from third-party claims arising out of your unlawful use of the platform or your breach of these terms.

C.8 State law rights. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, sections C.5 to C.7 apply only to the extent permitted, and nothing in these terms limits any right you have under mandatory consumer protection law of your state of residence.

C.9 Prices and taxes. Prices for users in the United States are stated in US dollars (USD) and do not include sales, use or similar taxes. Where such taxes apply, they are calculated and shown separately at checkout before you place your order and are added to the price.