These Terms & Conditions (the "Terms") govern the use of the web application DrawDownDiary (available at thedrawdowndiary.com), operated by:
Astrid Jaeger
Laubenweg 22
9020 Klagenfurt am Wörthersee
Austria
E-mail: support@thedrawdowndiary.com
By registering an account or using the service you accept these Terms. Conflicting terms of the user are not recognised.
DrawDownDiary is a web-based trading-journal tool that lets users record, evaluate and analyse their trades. The service is provided as Software-as-a-Service (SaaS).
The following plans are offered:
Free: free of charge, up to 50 trades, basic statistics
Pro: €9.99/month incl. VAT — unlimited trades, all features
Lifetime: €59.99 one-time payment incl. VAT — access to all features for as long as the service is operated, but for at least 36 months from the date of purchase (minimum operating period, § 5)
We reserve the right to adjust the scope of the Free plan at any time. The scope of the paid plans is not affected by this; § 7 applies to it.
(1) Registration with an e-mail address and password is required. Use of the service is restricted to persons aged 18 or over. The user warrants that they are of legal age and that the data provided is correct and complete. Sharing access credentials with third parties is prohibited. There is no entitlement to the creation of an account.
(2) Suspension and termination. We may suspend or terminate an account only if the user is in serious breach of these Terms or of applicable law. Before any suspension or termination we will ask the user by e-mail, stating the specific allegation, to remedy the breach within a reasonable period of at least 14 days, and give them the opportunity to comment. We take any comment into account before deciding.
(3) Exception. We may suspend an account without the prior request under para. 2 only where waiting is unreasonable — in particular in the case of criminal conduct, attacks on the security, integrity or availability of the service, payment fraud, or where a statutory or official obligation compels us to do so. Even in those cases we will inform the user without delay of the suspension and its reason and give them the opportunity to comment; if the suspension proves unjustified, we will lift it without delay.
(4) Consequences. If we suspend or terminate a paid account, we refund the fee for the unused period on a pro-rata basis: for the Pro subscription based on the current billing period, for Lifetime access calculated per day based on the minimum operating period under § 5. Before any final deletion of data we give the user at least 30 days to secure their data via the CSV export function, unless a statutory or official obligation prevents this. Further claims arising from a culpable breach by the user remain unaffected.
(1) The presentation of the plans on the website does not constitute a binding offer but an invitation to place an order.
(2) The order process comprises the following technical steps: selecting a plan on the pricing page → confirming the Terms and the Privacy Policy as well as the consent to immediate performance (each via checkbox) → redirection to the payment provider Stripe → entering payment details → binding conclusion by clicking the payment button in the Stripe checkout. Until then, entries can be corrected at any time or the process abandoned.
(3) The contract is concluded upon successful payment. The user receives a payment confirmation by e-mail.
(4) We store the order data. The Terms in their current version can be accessed at any time at thedrawdowndiary.com/agb and can be saved or printed by the user. Previous versions remain permanently available at thedrawdowndiary.com/agb/v/<version>.
(5) The contract languages are German and English. In case of discrepancies between the language versions, the German version prevails.
All prices are in euros and include the statutory value-added tax (VAT). VAT is calculated and remitted via our payment provider Stripe.
Pro subscription: billed monthly in advance. The subscription renews automatically unless cancelled before the end of the current billing period. Cancellation is possible at any time via Settings → Cancel subscription; access remains until the end of the paid period. Consumers may additionally declare their cancellation via the "Verträge hier kündigen" (cancel contracts here) button at thedrawdowndiary.com/cancel, without having to log in.
Lifetime access: one-time payment, no recurring charge. We undertake to operate the service for at least 36 months from the date of purchase (minimum operating period). Beyond that, access applies for as long as the service continues to be operated; no commitment to operate beyond the minimum operating period is given.
Discontinuation of the service: we will announce any discontinuation of the service by e-mail to all affected users at least three months in advance. The CSV export function remains usable until the shutdown date so that users can fully secure their data. If we discontinue the service before the minimum operating period expires, we refund every Lifetime user the share of the purchase price attributable to the remaining term not provided (calculated per day, based on 36 months from the date of purchase) within 14 days of the shutdown, using the same means of payment; if a refund via the same means of payment is no longer possible, it will be made by bank transfer to an account named by the user. For Pro subscriptions we refund in that case the fee for the period already paid but no longer provided.
Payments are processed via Stripe (Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Dublin 2, Ireland). We do not store credit-card data.
(1) For distance contracts, consumers generally have the right to withdraw from the contract within 14 days of its conclusion without giving reasons (§ 11 of the Austrian Distance Selling Act, FAGG).
(2) Pro subscription (digital service): if the user expressly requests at purchase that we begin performance before the withdrawal period expires (immediate activation) and subsequently withdraws within the period, the user must pay a proportionate amount for the service already provided up to the withdrawal (§ 16 FAGG). The right of withdrawal expires once the service has been fully performed (§ 18 (1) no. 1 FAGG).
(3) Lifetime access (digital content): the right of withdrawal expires if we have begun provision before the end of the withdrawal period with the user's express consent combined with their acknowledgement of the loss of the right of withdrawal (§ 18 (1) no. 11 FAGG). This consent is requested separately and expressly at checkout and is documented and confirmed by us.
(4) Exercise: withdrawal can be declared in any form, e.g. by e-mail to support@thedrawdowndiary.com. The model withdrawal form below may be used but is not mandatory.
(5) Consequences: payments already made will be refunded — where applicable minus the proportionate amount under para. 2 — within 14 days of receipt of the withdrawal declaration, using the same means of payment.
(6) Voluntary money-back guarantee (guarantee statement under § 9b of the Austrian Consumer Protection Act, KSchG): Irrespective of the statutory right of withdrawal, we grant a voluntary 30-day money-back guarantee for the Pro plan. The guarantor is Astrid Jaeger, Laubenweg 22, 9020 Klagenfurt am Wörthersee, Austria. The guarantee applies once per user for the first conclusion of the Pro subscription and can be claimed within 30 days of the purchase date without giving reasons, informally by e-mail to support@thedrawdowndiary.com. The fee paid for the first billing period will be refunded in full using the same means of payment within 14 days; the subscription ends upon refund. The guarantee applies worldwide, wherever the service can be used. Your statutory rights, in particular withdrawal and warranty, remain unaffected.
(If you wish to withdraw from the contract, please fill in this form and send it back to us.)
— To: Astrid Jaeger, Laubenweg 22, 9020 Klagenfurt am Wörthersee, Austria, e-mail: support@thedrawdowndiary.com
— I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service: DrawDownDiary plan (Pro / Lifetime): ______________
— Ordered on: ______________
— Name of consumer(s): ______________
— Address of consumer(s): ______________
— Signature of consumer(s) (only for paper notifications)
— Date: ______________
(*) Delete as appropriate.
(1) Availability and maintenance. We aim for high availability of the service but do not owe uninterrupted accessibility. Scheduled maintenance will be announced where possible and, where possible, scheduled during off-peak times. Short-term interruptions to avert acute security risks are reserved.
(2) Conformity with the contract. For the paid plans (Pro, Lifetime) we warrant that, throughout the entire supply period, the service meets the requirements agreed in the contract as well as the objectively required standards for a digital service (§§ 5a et seq. of the Austrian Consumer Warranty Act, VGG). The service is defective in particular if it does not provide the promised functions or is unavailable repeatedly or for a significant period. Short interruptions of an extent customary in the industry, as well as outages caused by circumstances beyond our control (e.g. disruptions at the hosting or payment provider, force majeure), do not in themselves constitute a defect.
(3) Duty to provide updates. We provide the updates necessary to keep the service in conformity with the contract, including security updates, and inform the user about them (§ 8 VGG). This obligation applies for the entire contract term in the case of the Pro subscription and, for Lifetime access, at least for the minimum operating period under § 5, and beyond that for as long as the service continues to be operated.
(4) Remedies. If the service is defective, the user may require that conformity with the contract be established; we will do so within a reasonable period, free of charge and without significant inconvenience to the user (§ 10 VGG). If establishing conformity is impossible or would involve disproportionate effort for us, if we refuse it, if it fails, if the defect reappears despite an attempt to remedy it, or if the defect is so serious that an immediate price reduction or termination is justified, the user may demand a price reduction or terminate the contract. Termination is excluded only where the defect is merely minor; the burden of proving that a defect is minor lies with us.
(5) Settlement. In the case of a price reduction we refund the excess amount within 14 days using the same means of payment. In the case of termination we refund the fee for the period during which the service was not in conformity with the contract; for Lifetime access the refund is calculated pro rata (per day) on the basis of the 36-month minimum operating period. Before access is switched off we give the user the opportunity to secure their data via the CSV export function.
(6) Burden of proof and time limits. Where the service is supplied continuously over a period, the burden of proving that the service was in conformity with the contract lies with us for the entire supply period. The statutory time limits apply to asserting warranty claims and to their limitation; where the service is supplied continuously, they do not begin before the end of the supply period. Consumers are under no obligation to give notice of defects.
(7) No exclusion. Warranty rights are neither excluded nor limited; a waiver by the consumer before becoming aware of the defect is invalid (§ 9 KSchG). The voluntary 30-day money-back guarantee under § 6 (6) exists in addition to these statutory rights and does not restrict them.
The user undertakes
— to use the service only within the scope of these Terms and applicable law,
— not to perform automated access (bots, scrapers) to the platform,
— not to enter content that violates applicable law,
— to keep access credentials secure and to change them immediately if misuse is suspected.
(1) No investment advice. DrawDownDiary is a journalling and documentation tool. The service does not constitute financial advice. The data entered and the evaluations serve exclusively for personal documentation and do not replace professional investment advice. Automatically generated evaluations, statistics and "insights" are based exclusively on historical data entered by the user and do not constitute a recommendation to buy, sell or hold financial instruments.
(2) No licensed service. We provide no investment advice, no portfolio management, no reception or transmission of orders and no other licensable investment service within the meaning of the Austrian Securities Supervision Act (WAG 2018). We do not execute orders, do not hold client funds or financial instruments and do not issue personal recommendations.
(3) Risk warning:trading in financial instruments (in particular leveraged products, crypto assets, CFDs and derivatives) involves substantial risks and can lead to the complete loss of the capital invested. Past results are not a reliable indicator of future performance. Trading decisions are made solely at the user's own responsibility.
(1) Logged-in users receive a personal referral link. If a person registers via this link and purchases a paid plan (Pro or Lifetime) for the first time, this counts as a successful referral.
(2) Rewards: 1 successful referral = 1 month of Pro; 5 = 1 year of Pro; 10 = Lifetime access. Reduced thresholds (1 / 4 / 7) apply to users who themselves registered via a referral. Referred users receive a 20% discount on their first purchase.
(3) No combination with other discounts. The 20% referral discount cannot be combined with other promotions or discounts. Only one discount can technically be applied per order; where both would qualify, the referral discount is applied. The final price that applies is displayed in the checkout before the binding conclusion of the contract.
(4) Rewards are non-transferable and will not be paid out or redeemed in cash.
(5) Duty to label public sharing as advertising. Because successful referrals are rewarded with benefits that have a monetary value, sharing the referral link publicly — for example on social networks, in forums, videos, newsletters or blogs — constitutes commercial communication. In such cases the user must make the promotional nature clearly and unambiguously recognisable, for example by a clearly visible "Werbung" or "Anzeige" (advertisement) notice at the beginning of the post (§ 6 of the Austrian E-Commerce Act, ECG; Annex no. 11 to the Austrian Unfair Competition Act, UWG). The user must not present themselves as an independent consumer or a neutral reviewer, must not make untrue statements about the service and must not promise returns. The referral link must not be distributed by unsolicited messages (spam).
(6) Taxes. Rewards from the referral program may be relevant for tax purposes for the recipient. The recipient alone is responsible for correct taxation; we owe no tax advice and do not remit any taxes on the recipient's behalf.
(7) Abuse. Abuse means in particular self-referral via secondary or multiple accounts, automated registrations or registrations using invented identities, manipulation of attribution (e.g. by technical interference with the tracking) and distribution of the referral link by spam. Before we exclude a user from the program or let rewards not yet credited lapse, we notify the user by e-mail of the specific allegation and the supporting indications and give them the opportunity to comment within 14 days. We take any comment into account before deciding and give reasons for our decision. Rewards already credited remain unaffected unless they were themselves obtained abusively.
(8) We may change or discontinue the program with effect for the future; rewards already credited remain unaffected.
(9) Referral tracking uses the ddd_ref cookie and only with consent (details in the Privacy Policy).
(1) We are liable without limitation for personal injury and for damage caused by us intentionally or through gross negligence. Claims under the Austrian Product Liability Act (PHG) and other mandatory statutory liability provisions remain unaffected.
(2) For damage to property and financial loss caused by slight negligence, our liability is limited in amount to twelve times the monthly fee last paid or, for Lifetime access, to €600. This limitation does not apply to the claims referred to in para. 1, nor to the refund of fees under § 3 (4), § 5, § 6 and § 7.
(3) Data backup. We back up the service data regularly but do not owe archiving. Users can download their data in full at any time via the CSV export function; we recommend making regular use of it. If the user fails to make a reasonable backup of their own, this is taken into account when assessing compensation under the principles of contributory negligence (§ 1304 of the Austrian Civil Code, ABGB).
(4) We are not liable for trading losses arising from the use or non-use of the service. DrawDownDiary is a documentation tool, not a trading system and not investment advice.
(1) All rights to the software, design and content of DrawDownDiary remain with Astrid Jaeger unless stated otherwise. Data entered by the user (trades, logs) remains the property of the user. We grant the user a non-transferable right to use the platform; Lifetime access likewise does not confer ownership of the software but a right of use in accordance with § 5.
(2) Data export (§ 5c (2) VGG). Users can export all of their data themselves at any time and free of charge — via Settings → Data export as a machine-readable JSON file, and via the CSV export function. The export covers all content provided by the user and all content created when using the service, in particular trades, psychology entries, weekly reviews, journal entries, tags, achievements and the references to uploaded screenshots. The function is available on all plans, including Free.
(3) After the contract ends.If the contract ends — by cancellation, withdrawal, termination, downgrade to the Free plan or discontinuation of the service under § 5 — the data export under para. 2 remains available free of charge for at least 90 days from the date the termination takes effect. At the consumer's request we will, within that period, also make the content available free of charge in a commonly used, machine-readable format (§ 5c (2) VGG). This right exists in addition to, and does not restrict, the right to data portability under Art. 20 GDPR. A downgrade to the Free plan does not affect access to data already recorded for the purpose of exporting it, even where the Free plan's trade limit is exceeded.
Personal data is processed in accordance with our Privacy Policy and the GDPR (EU) 2016/679.
(1) We may amend these Terms with effect for the future where this is necessary due to changes in legislation or case law, regulatory requirements, security needs or changes to the scope of features, and provided the user is not unreasonably disadvantaged. In particular, amendments that shift the balance between performance and consideration, change the subject matter of the contract or essential obligations, concern prices, or shorten the minimum operating period under § 5 cannot be made by this route; such amendments require the user's express consent.
(2) Changes will be announced by e-mail at least 30 days before they take effect. The announcement will separately point out the right to object and the significance of remaining silent. If the user does not object before the changes take effect, the amended Terms are deemed accepted.
(3) If the user objects, the contract continues unchanged under the previous terms. We are not entitled to terminate or rescind the contract because of the objection. The user's right to end the Pro subscription at any time under § 5, and our rights under § 3 (2) and (3), remain unaffected.
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers in other EU countries, mandatory consumer-protection provisions of their country of residence remain unaffected.
For disputes with businesses, the operator's seat (Klagenfurt am Wörthersee) is agreed as the place of jurisdiction.
We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board.